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The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
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.
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
Robertson sought to reduce his sentence based on two decisions: the Fischer case at the Supreme Court and a case called Brock in the D.C. Circuit Court of Appeals. The Brock decision ruled that ...
The sentences of condemnation are also classified by the penalty they determine: sentence of reclusion, sentence of fee, sententia agendi, sentence that impose a determined action or a series of action as a penalty for the illegal act. This kind of sentence became better developed and remained in wider use in common law systems.
The Rutherford Institute, a Virginia-based civil liberties group, joined in the case on January 20, 2010. "Such expression remains within the presumptive protection afforded pure speech by the First Amendment," the institute's attorney wrote. "As such, the Stolen Valor Act is an unconstitutional restraint on the freedom of speech." [19]
An obstruction finding adds two levels to the offender's sentence, which can result in as much as an additional 68 months of prison. [17] In 2017, the obstruction enhancement was applied in 1,319 cases, representing 2.1 percent of all sentences issued in federal courts.
Suppose Johnson was charged with illegal possession of a firearm under 18 U.S.C. § 922(g), and Jackson was charged with bank robbery under 18 U.S.C. § 2113(a). The Guidelines would have allowed a judge to impose similar sentences on both Johnson and Jackson, despite their being charged with different crimes.