Ads
related to: criminal law notebook sentencing worksheetcourtrec.com has been visited by 100K+ users in the past month
amazon.com has been visited by 1M+ users in the past month
Search results
Results From The WOW.Com Content Network
The defendant interview is the pivotal point around which the presentence investigation turns. Often, the format is a structured interview during which a standard worksheet is completed. The worksheet follows the format of the presentence report and provides space for recording data about the offense and the offender's characteristics and history.
Denunciation in the context of sentencing philosophy demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is not so much to punish the offender but to demonstrate to law-abiding citizens that the particular behaviour which is being punished, or denounced, is not acceptable. [1]
Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an armed career criminal or habitual offender law may subject a defendant to a significant increase in their sentence if they commit a third offence of a certain kind. This makes it difficult for fine gradations in punishments ...
The Sentencing Reform Act allows a departure below the applicable statutory mandatory minimum in such cases. [15] There is no penalty for refusal to assist authorities. The Federal Rules of Criminal Procedure and U.S. Sentencing Guidelines require that the prosecution file a motion allowing the reduction. The court is not required to grant the ...
Within the context of English and Welsh law, the totality principle is defined within the Criminal Justice Act 1991, that states that nothing in the Act "shall prevent the court ... in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences". [5]
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.