Questions tagged [sentencing]

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68 votes
9 answers
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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 ...
Tom Bowers's user avatar
49 votes
5 answers
27k 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?
Micaela Dorothy's user avatar
29 votes
11 answers
8k views

Why is drunk driving causing accident punished so much worse than just drunk driving?

When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't ...
Bigbob23's user avatar
  • 407
19 votes
1 answer
4k views

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, ...
Dave Gremlin's user avatar
12 votes
4 answers
5k views

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 ...
Evan Carroll's user avatar
  • 2,141
10 votes
4 answers
3k views

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 ...
tryst with freedom's user avatar
10 votes
1 answer
4k views

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 ...
chausies's user avatar
  • 3,745
10 votes
1 answer
1k views

Why does so much time elapse between guilty verdict and sentencing?

Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024. Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
feetwet's user avatar
  • 21.8k
9 votes
1 answer
2k views

Are there any sentencing guidelines for the crimes Trump is accused of?

Does New York have sentencing guidelines? If so, what do they say about the felony falsification of business records, and the associated conspiracy, that Donald Trump has been charged with?
Paul Johnson's user avatar
  • 13.2k
9 votes
1 answer
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 ...
Breakskater's user avatar
7 votes
1 answer
816 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 ...
Hemsy19's user avatar
  • 799
7 votes
4 answers
33k 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, ...
Kevin's user avatar
  • 79
6 votes
2 answers
440 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 ...
Paula Wheeler's user avatar
5 votes
2 answers
231 views

What does it take to be sentenced to a medium-security prison (US)?

It is a trope that when powerful/rich people are sentenced, they are sent to cushy, low-security prisons (think The Wolf of Wall Street). However, in my book, I'd like a certain character to be sent ...
user110391's user avatar
5 votes
1 answer
287 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 ...
Justin Sewell's user avatar
4 votes
2 answers
3k views

How long is a life sentence in Georgia, US?

If somebody is sentenced to life plus 5 years with the possibility of parole, how long do they actually have to serve? Or what does that actually mean?
user53447's user avatar
4 votes
2 answers
377 views

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) ...
PMF's user avatar
  • 5,183
4 votes
1 answer
63 views

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 ...
user5623335's user avatar
4 votes
1 answer
167 views

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 ...
Haley Decarli's user avatar
3 votes
1 answer
674 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 ...
aaaaa says reinstate Monica's user avatar
3 votes
1 answer
2k views

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 ...
Cannabijoy's user avatar
3 votes
1 answer
240 views

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 ...
chausies's user avatar
  • 3,745
3 votes
1 answer
396 views

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 ...
user5623335's user avatar
3 votes
2 answers
190 views

Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?

After 04:44 in CNN's June 22, 2023 Was Hunter Biden given a 'sweetheart deal'? Legal expert weighs in, the senior legal analyst for CNN, and former assistant United States Attorney Elie Honig says: ...
uhoh's user avatar
  • 768
3 votes
1 answer
178 views

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 ...
mcc1789's user avatar
  • 51
3 votes
0 answers
116 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 ...
user123i's user avatar
2 votes
2 answers
838 views

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 ...
OC2PS's user avatar
  • 168
2 votes
1 answer
250 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?
gatorback's user avatar
  • 7,127
2 votes
2 answers
191 views

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 ...
HAEM's user avatar
  • 583
2 votes
1 answer
938 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 ...
user avatar
2 votes
1 answer
525 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 ...
BobE's user avatar
  • 914
2 votes
2 answers
162 views

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 ...
Franck Dernoncourt's user avatar
2 votes
1 answer
178 views

Why do the pundits think Trump would only be fined if convicted?

I asked Are there any sentencing guidelines for the crimes Trump is accused of?, and the answer is that the normal range of sentences for a non-violent class E first offence felony in NY is 1.5 to 4 ...
Paul Johnson's user avatar
  • 13.2k
1 vote
2 answers
249 views

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 ...
Carduus's user avatar
  • 439
1 vote
1 answer
621 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 ...
gudako's user avatar
  • 283
1 vote
1 answer
2k views

What is the shortest prison sentence ever given in the US?

What is the shortest recorded prison or jail sentence in US history?
Someone's user avatar
  • 16.4k
1 vote
1 answer
158 views

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 ...
user46322's user avatar
1 vote
1 answer
192 views

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 ...
Franck Dernoncourt's user avatar
1 vote
2 answers
1k 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 ...
Eypros's user avatar
  • 111
1 vote
1 answer
405 views

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 ...
robert bristow-johnson's user avatar
1 vote
2 answers
127 views

How does community service work?

When a person is convicted of a crime and required to perform community service, what exactly is involved?
Someone's user avatar
  • 16.4k
1 vote
1 answer
87 views

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 ...
pcsowondering's user avatar
1 vote
1 answer
237 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?
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
526 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 ...
feetwet's user avatar
  • 21.8k
1 vote
2 answers
282 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 ...
Chezarae Walter's user avatar
1 vote
1 answer
35 views

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 ...
user avatar
1 vote
1 answer
65 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 ...
James Bushnell's user avatar
1 vote
1 answer
92 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,...
Peter Harmann's user avatar
1 vote
1 answer
111 views

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 ...
user5623335's user avatar
0 votes
2 answers
270 views

"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 "...
Someone's user avatar
  • 16.4k