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Generally speaking, each victim of a murder will merit a separate charge of murder against the offender, and as such, the killer could get a life sentence, a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present.
When there is insufficient supporting evidence to determine whether it is true or false, an accusation is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories: [2] A completely false allegation, in that the alleged events did not occur.
When a defendant's sentence has been set aside on appeal, a district court at resentencing may consider evidence of the defendant's postsentencing rehabilitation, and such evidence may, in appropriate cases, support a downward variance from the now-advisory Guidelines range. After November 1, 2012: [19] Deleted. Aberrant behavior (§5K2.20)
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
The sentencing judge, believing that Blakely had implications on federal judges increasing sentences on facts not found by juries, imposed the maximum sentence, 78 months, based on the jury's verdict. The government asked the judge to correct Fanfan's sentence, which was denied.
The exception in some instances allows for the introduction of evidence gathered during illegal searches, so long as a judge approved a search warrant, even if the warrant shouldn’t have been ...
Or without a warrant, police may make an arrest pursuant to the Police and Criminal Evidence Act 1984: [34] 'anyone who is about to commit, is committing or has committed an offence or is so suspected on reasonable grounds may be arrested.' Also, arrest may be lawful if the police have reason to believe that the person arrested poses an ...
The innocent prisoner's dilemma, or parole deal, is a detrimental effect of a legal system in which admission of guilt can result in reduced sentences or early parole. When an innocent person is wrongly convicted of a crime, legal systems which need the individual to admit guilt — as, for example, a prerequisite step leading to parole ...