Questions tagged [sentencing]

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1answer
50 views

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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1answer
42 views

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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10answers
13k views

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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1answer
88 views

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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1answer
158 views

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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1answer
49 views

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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1answer
67 views

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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1answer
253 views

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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2answers
288 views

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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2answers
894 views

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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1answer
573 views

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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1answer
366 views

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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1answer
54 views

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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1answer
355 views

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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1answer
189 views

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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3answers
21k views

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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2answers
277 views

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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2answers
237 views

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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1answer
199 views

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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1answer
535 views

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 ...
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1answer
1k views

“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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1answer
148 views

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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1answer
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Does anyone besides the president have the authority to pardon?

There have been cases such as Antonio Bascaró, who has been in prison for 37 years because of non-violent marijuana charges. President Obama has had the opportunity to pardon him, but it was denied ...
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1answer
232 views

What is the 'smallest' offense to get life in prison in USA?

If I want to spend the rest of my life in a prison in the USA but want to cause the least damage possible, what should I do?
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2answers
4k views

Penalty for recording conversation in PA

I was in jeopardy of losing my job so when I was called into a meeting with my boss I recorded without their knowledge for my own use because I was so scared I knew I wouldn't remember the ...
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5answers
25k views

Why are people sentenced to prison for terms longer than life?

Albert Morake was sentenced to 1,535 years in prison. How can a person be sentenced to more than 1 life imprisonment?
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2answers
341 views

Why do criminal defendants routinely plead innocent? [duplicate]

When I read of criminal cases in the news, it seems like the defendants routinely plead innocent even when the evidence against them is overwhelming and conviction seems like a near certainty. Why do ...
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1answer
65 views

Where can one find the penalty per state for a particular drug crime?

Are the sentencing guidelines for each US state available in some consolidated tabular form? I want to be able to easily compare the crimes and their penalties across states to try to identify any ...
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1answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
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0answers
112 views

Would courts sentence differently if we used a different numeral system? [closed]

I hear a lot in the media about people sentenced to go to jail especially for a number of years divisible by 10. Does our numeral system affect it? If we used base 7 (so "10 years" will mean 7 ...
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2answers
791 views