76

Your question is the subject of longstanding and ongoing debate that has generated countless articles and books and dissertations, so you're probably not going to get a fully satisfactory answer here. But here's the short version: Different systems operate on different assumptions. Your question suggests you are not a retributivist, i.e., someone who view ...


45

Just to expand on what others have answered: It's important that each crime is also given its own sentence as it's possible that prisoners can be cleared of crimes if new evidence is found. This could make a significant difference to the amount of time the prisoner is serving. For example if a person was convicted for kidnap, murder, and stealing a car, ...


29

Under German law, if you are sentenced to a fine because you committed a crime, that fine is measured in Tagessätze (day fine). One day worth of fines is the 30th part of your monthly income, adjusted according to the criminal's personal and economic situation. Basis for that is Criminal Code sec 40 (§ 40 StGB). There is, however, no corresponding principle ...


29

Section 277 of the Sentencing Act 2020 provides: 277 Suspended sentence order for person aged 21 or over: availability (1) This section applies where, in dealing with an offender for an offence, a court passes a sentence of imprisonment. (2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of ...


26

In this case, it was a life sentence for the crime of rape and he got 30 life sentences because he committed 30 rapes, and is sentenced separately for each. Any time you see something talking about an absurdly long sentence, or about multiple life sentences, that's normally what happened. As a technical matter, many jurisdictions do not give convicted ...


23

You may get more effective murderers that way I would frame the question from the perspective from the criminal. If they know they will be punished equally from attempted murder from actual murder, they will try harder to get the results they want. More if is this common knowledge. By rewarding incompetence, you may end with a incompetent murder instead of a ...


22

Summary It tends to happen when someone is found guilty of multiple crimes. Sentences involving multiple convictions can be either concurrent or cumulative. Often, the law the defendant broke will specify whether the sentence should be concurrent or cumulative. Background As an example of the latter, if a defendant is convicted of four cumulative ...


12

Economic inequality isn't explicitly considered in criminal sentencing in the United States, which is why it doesn't really have a name with which I am familiar. The global circumstances of the offender may be considered in sentencing (over which judges, especially at the state level, have broad discretion). Contrary to the intuition of the question, ...


11

Cohen plead guilty to a number of charges. If you plead guilty with any charges, then there is no need to go forward with a trial.


11

The president alone has power, under Article II, Section 2, Clause 1, to grant pardons for federal offenses. Many states have an analogous power for governors, to pardon state offenses. In some states, though (for example Minnesota), there is a board in charge of the process (made up, in Minnesota, of the Governor, Chief Justice and Attorney General). ...


10

The circuits all over the place on this one but I don't see these facts fitting according to the strictest rule. It is within the discretion of the police to decide whether delaying the arrest of the suspect will help ensnare co-conspirators, as exemplified by this case, will give the police greater understanding of the nature of the criminal ...


10

In the U.S., fines may be reduced by a judge if the defendant is indigent and there exists several alternative means of prison so offenders can be released to work and return to jail for their non-work hours. These are usually allowed for low level offenses.


8

If you can be revived, you are not legally dead. To be declared dead you must be in cardio-pulmonary failure and have all attempts at resuscitation cease or be brain dead - no one has ever recovered from these conditions. Notwithstanding, if you are declared legally dead and show up alive, that declaration can be nullified i.e. you were never dead.


7

This would be illegal in Australia (Criminal Code Act 1995 part 10.7: any unauthorised impairment of electronic communication to or from a computer), the US (Computer Fraud and Abuse Act) and any other jurisdiction that I can think of. There is no exception allowing vigilante action in case a person has a reasonable belief that the material on a website is ...


6

The short answer is that this is because the Florida legislature decided to do so. Why would they do that? Prosecutors are perceived to be more consistently in favor of "tough on crime policies" than judges, so allocating the authority to prosecutors makes it likely that waivers will be granted more sparingly. Prosecutors have the authority to plea bargain ...


6

Sentencing someone to prison serves three purposes: To punish the person for their offense To deter others from committing that offense in the future To protect society from that person committing the offense again The time served/wasted is the punishment. Difficulty re-integrating into normal society is not part of the punishment. It's extremely ...


5

If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor introduce evidence at sentencing of charges that the person was not indicted on? In federal court, yes. This has been the case since Williams v. New York, 337 U.S. 241 (1949) which held that evidence such as counts and conduct upon which the defendant ...


5

In the first case, under US law, you are not considered guilty in most cases where you are forced to commit a crime under duress (gun to your head would certainly qualify). Murder is a rare exception to this rule, and the patron can be tried for the murder of the prostitute. Given the nature of Doe, who uses situations of duress to force a no win scenario ...


5

Medical life extension, ie treatments for common age-related causes of death, is increasing at a surprisingly fast pace, and life expectancy is only increasing. An 18 year old now might possibly live to be 125. The law doesn't, and shouldn't have to, take life expectancy into account when considering prison terms. Many sentences allow for consecutive or ...


5

The legal theories regarding homicides have changed a lot, but there has not always been some kind of distinction between the attempt and the result. It's the distinction between an assault with a deadly instrument and the resulting killing. And not all jurisdictions look at things the same way! The aspect of killings under the aspect of Law in History is a ...


4

I am not a lawyer either, though I have been through Pennsylvania a few times. The relevant law is 18 Pa.C.S. 5703, which prohibits recording without consent of all parties (Penna is a "two-party consent" state, like Florida and Washington). Unfortunately, violation of that law is a third degree felony, which has a maximum of 7 year prison. A specific ...


4

There was no actual child who was caused to view the material, so there was no offense under that provision. By contrast, inciting a child under 13 to engage in sexual activity is an inchoate offense, so it is not necessary for any harm to an actual victim to have occurred. Note that the relevant section of the Sexual Offenses Act 2003 concerns "causing or ...


4

There are two reasons for jail: Applying the sentence Denying the accused the opportunity of fleeing, destroying evidence or doing the same felonies again. The last part is always a difficult one, as the accused has still not received a veredict but has his rights severely curtailed. In general it is intended as a last ditch measure, and the circumstances ...


3

As you said, "serious" is a subjective description of a crime, but most lawyers would probably have the same first reaction when asked to make the distinction: Is it a felony or a misdemeanor? Felonies are objectively more serious because they come with longer sentences, as well as a variety of awful collateral consequences -- lost voting rights, ...


3

Intent is an element of the offense of murder. If the prosecution can't prove the required level of intent for murder, the defendant may still be convicted of a "lesser included offense" like Manslaughter or perhaps Criminally Negligent Homicide, or even an offense that doesn't require an actual death like Aggravated Assault or an offense that ...


3

Why is ... Not sure about US/UK laws, but based on German laws, this question is a highly opinion-based question so my answer will be opinion-based. I also have to say that I'm not a lawyer, so my answer is not an expert's answer. Why is murder considered a more serious crime than attempted murder? Background German law (§23 StGB) states that ... ... an ...


3

To add to the existing arguments, consider this from the point of view of crime deterrence, i.e., you view the sentence as a means to deter people from murdering others. Specifically, suppose that Alice attempted to murder Bob but failed. If Bob has noticed, Alice is confronted with the risk that he secures evidence, alerts the authorities, and eventually ...


3

The maximum sentence for any offense in Portugal is 25 years under Article 41 of the Penal Code of Portugal (PCC). Article 152 of the PCC provides that domestic violence is punishable by up to 5 years in prison. Articles 163-174 of the PCC set forth penalties for a variety of sex offenses (incidentally, "rapto" is a false friend in Portuguese which ...


3

This is a traditional Chinese sentence which in practice is similar to a suspended sentence: Mainland Chinese courts hand down the sentence of "death sentence with two years' probation" (Chinese: 死缓; pinyin: sǐ huǎn) as frequently as, or more often than, they do actual death sentences. This unique sentence is used to emphasize the seriousness of ...


2

The main reason is that, if that criminal plead not guilty in the first trial, and the judgement entered against him, he can appeal conviction and sentence. If he plead guilty, he cannot appeal against conviction but can only appeal against sentence. Therefore, to ensure a chance of setting aside judgement, they will normally plead not guilty as advised by ...


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