Questions tagged [sentencing]
The sentencing tag has no usage guidance.
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What parts of the Code of Criminal Procedure deal with appeal from a sentence?
I've been browsing through the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPc) and there doesn't seem to be any provision for appeals from sentencing (reduction) there seems to be ...
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Countries where re-sentencing is not allowed?
Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient?
For example, someone is given a year suspended sentence for burglary, and ...
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Why was Alex Murdaugh sentenced so quickly after the guilty verdict?
Normally, isn't there a big pre-sentencing investigation and victim impact statements and stuff like that?
Not surprized about the withering rebuke and sentence, but that it occurred so immediately ...
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Consecutive and concurrent sentences [duplicate]
At a recent trial in USA, the accused was found guilty of murdering two people, and was sentenced to spend "the rest of his natural life" in jail for each crime. The sentences are to run ...
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Can previous crimes that one was found "not guilty" of be used against them?
Carl the criminal robs a store as his first crime. Somehow, he is found not guilty of this (the 12 jurors do not unanimously agree on his guilt). After walking free, he immediately goes back to the ...
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What is the minimum sentence for murder in Japan?
In the Yakuza series, several characters are sent to jail for murder, but it's only ever for 10-15-ish years. I was wondering if this was at all realistic, since I'm only aware of people going to jail ...
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What's the minimum time that an indeterminate life sentence (e.g., "25 years to life") may have in the US?
For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences" (Wikipedia)
What's the minimum ...
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Defendant not present for sentencing
If the defendant does not turn up to court for sentencing, can the defence still put forward mitigations and character references?
One would assume that the defence would be prevented from bringing ...
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What is the shortest prison sentence ever given in the US?
What is the shortest recorded prison or jail sentence in US history?
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Similar website to TheLawPages in the USA?
I use a website called TheLawPages to research various crimes, and sentences given to offenders. It is an invaluable tool, especially because it allows me to pick the type of court, offence type, and ...
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How does community service work?
When a person is convicted of a crime and required to perform community service, what exactly is involved?
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Can a judge consider recent events in an older case?
Bob likes fast cars. Two months ago, he was unfortunately caught for excessive speeding. Both his car and his driving license were confiscated immediately. By law (SVG Art 16c, Abs 2 a_bis and Art 90) ...
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How to determine a fair sentence?
I am reading a book called Noise, I am still at the beginning, but already I have a question. The book in the first chapter tells the story of how the US Sentencing Commission tried to set some ...
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What elements are considered when deciding order of trials and sentences for a multi-region, multi-year, multi-severity criminal?
A citizen of the USA has a number of individuals, cities, counties, states and the federal government after them for a wide variety of crimes with a wide variety of themes over a period of several ...
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The Con-Air Deal....denied?! Does it work that way?
Con Air, an action movie released in 1997 starring Nicholas Cage, features his character cutting a deal after killing a man during a fight after being assaulted. The judge rejects this deal and ...
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Is a civilian punished if they commit crimes for criminals by force and not willingly?
Problem:
I'm writing a sci-fi book that involves an adult character, who is a normal and innocent civilian (United States, year 2191), who got caught spying on a group of powerful terrorists running a ...
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How much time do I have if I want to sue a county for sending me to prison accidentally California U.S.A
I was sentenced to 16 months county time non violent offender but my paperwork was supposedly lost and ended up with the prison commits and I was sent to prison. Two weeks before my release date my ...
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"Sentence first, verdict afterwards"?
In Alice in Wonderland, the Queen of Hearts said during a trial, "Sentence first, verdict afterwards." Are there any common law countries where this could be legal? Could the judge say "...
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If hate speech is legally protected, then is it constitutional to stack on additional punishment for hate crimes?
Wikipedia, Hate speech in the United States:
"In a Supreme Court case on the issue, Matal v. Tam (2017), the
justices unanimously reaffirmed that there is effectively no "hate
speech" ...
user45179
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What happens if a judge disregards a mandatory minimal sentencing law?
What happens if a judge disregards the mandatory minimum sentence and sentences the convicted to time served or some other lesser amount of time? Would this judgement be binding? What would happen to ...
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Under what circumstances in Colorado can a judge sentence below a mandatory minimal sentence?
The facts around the case of Rogel Aguilera-Mederos seem pretty clear cut, however unfair.
A jury found him guilty
The judge didn't want to sentence him to 110 years.
The judge had to sentence him to ...
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What happens if a corporate person gets sentenced to prison?
I recently saw the quote “I will recognize corporations as people the day the state of Texas puts one to death.", and this got me wondering about how punishments targeting the person of the ...
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Where do defendants found guilty get discharged without conviction?
In New Zealand, a defendant may be "discharged without conviction" after found guilty.
Courts would apply such a discretion where they are satisfied that the consequences of conviction would ...
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Under what statute can an English judge 'sentence' someone to read classic literature?
This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, ...
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Are there any provisions for economic inequality in legal punishments?
Suppose we have two persons, person-A and person-B and let's say they both commit the same crime and go to jail. The law, to my understanding, applies uniformly/punishes uniformly disregarding their ...
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Why is Julian Assange in jail?
Further to another question asked on these boards:
Julian Assange was sentenced to 50 weeks for jumping bail on 1 May 2019
Presumably, his jail term began immediately upon sentencing, in which case he ...
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Are there different penalties for crimes against a PCSO as opposed to a police officer?
A person has recently been arrested for the murder of a Police Community Support Officer (PCSO) in Kent, England making me wonder:
Is the murder/assault/other crimes against a PCSO subject to the same ...
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What is the point of adding a few years of probation to a death sentence?
I read (mirror):
A total of 44 Japanese drug-related criminals were arrested by China in 2014, 33 of which have been given corresponding sentences, five people were executed, and six were given death ...
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Criminal penalties in Portuguese law for rape?
How long or short of a prison sentence can one get in Portugal for rape or domestic abuse?
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What are the possible penalties in portuguese law for kidnapping or false imprisonment?
Presumably there are custodial sentences applicable, what is the minimum and maximum length?
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Why is murder considered a more serious crime than attempted murder?
By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder.
If intent to kill has indeed been proven, does the latter crime reward incompetence ...
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What sentence would a person "hypnotized" into committing a crime get?
I'm a writer and, in this murder mystery I'm writing, I'm trying to see how sentencing laws would apply in this scenario. If a person was arrested for killing somebody but then it is later found out ...
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Is "time served" applied to bail as well as jail?
It is not uncommon for "time served" in jail awaiting trial to be credited towards any sentence of incarceration for a defendant ultimately convicted of a crime. (I haven't been able to determine ...
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The stance on sentencing criminals with personality disorders in the UK
I am wondering what the stance of the UK legal system is on someone who was convicted of assault (ABH) with some kind of personality disorder, e.g NPD.
On reading this there is some stance. But how ...
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What is the minimum penalty for a class A misdemeanor in the states of Missouri and Oregon?
The maxiumum jail time is listed on such sites:
https://romanolawpc.com/misdemeanor-crimes-oregon/
https://carvercantin.com/missouri-misdemeanor/#class-a
but the minimum jail time/fines are not listed ...
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Are vigilantes actions on DDoSing child porn sites illegal?
There still exist many illegitimate child porn sites on the web.
Some vigilantes organized and DDoS those child porn sites, typically because they think the government is inadequate to seize the ...
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If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
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Why did Ross Ulbricht get a much higher sentence than Blake Benthall?
They both created Silk Road.
Ross Ulbricht built Silk Road 1, and Blake built Silk Road 2.
Silk Road is a dark web app that allow people to buy drugs to US. The legality is complicated. I wonder if ...
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Why there was no trial for Michael Cohen
I am reading in the news that Michale Cohen will be sentenced today, however, I haven't seen any information about trial.
Is that because conviction is related to perjury plea, hence there is no need ...
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Is illegally crossing the U.S. border a "serious" crime?
First, I'll acknowledge that "serious" is subjective, however there is (probably) consensus that sentences imposed are reflective of the seriousness of a crime.
USAtoday (6-18-18)
USA TODAY ...
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How is sentencing determined for involuntary manslaughter with multiple victims?
How does sentencing work in cases where someone is found guilty of involuntary manslaughter where there were multiple victims? For example, someone causes a serious construction accident by negligence,...
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How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en
SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING.
In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders ...
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If you are fifty years old, and you were sentenced to a hundred years in prison, what's the use of that when you will most likely die before then? [closed]
I read about a few sentencings where the judge had sentenced a criminal to a ridiculously long sentence. I read a news article a few years ago in which a judge said that this criminal would be ...
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If you are serving a life sentence, die, are legally declared dead, and are brought back to life, are you now free?
Apologies if this is too hypothetical and not allowed. I'm not trained in law, but am curious about the following question:
If you are sentenced to 1 life sentence, die, are legally declared dead, ...
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Actual years of life time imprisonment
I would like to ask a question regarding life sentence (and I hope it's the right place to ask it).
I live in Greece where life sentence is the heavier sentence a convict can get. But in fact life ...
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What options are available after sentencing, when attorney-client privilege is broken at a sentencing hearing?
Suppose a defendant and his attorney were meeting before court and were completely alone at the time of the discussion and the attorney asked her client if he would pass a drug test if the judge ...
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Why was the 'hiccup girl' on trial for murder and not accessory
so I was watching the new Piers Morgan documentary about a young girl, who helped set up a robbery for her boyfriend.
She was not directly involved in the robbery, wasn't there and didn't know the ...
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Why was this man not charged with this offence that it seems he has committed?
I was reading this article, Man jailed after sending photos of his genitals to undercover police officer.
This article states:
Malcolm Blount, 55, was caught by police after he emailed three ...
user698
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"Guidelines" for juvenile felony in ohio
After finding some things such as this that kind of shows a guideline for sentencing and fines for felonies I was wondering if there was some sort of guidelines that could apply for a minor to commit ...
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Waiver of Mandatory Minimums: why would that be up to the prosecutor and not a judge?
Under Florida Law, the 10-20-Life waiver of mandatory minimums is at the discretion of the prosecutor. Why is this not at the discretion of the judge and at the discretion of the prosecutor?
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