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The Uniform Determinate Sentencing Act of 1976 was a bill signed into law by Governor Jerry Brown to changes sentencing requirements in the California Penal Code. The act converted most sentences from an "indeterminate" sentence length at the discretion of the parole board to a "determinate" sentence length specified by the state legislature ...
The indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is "no." Another way to state this position is to ...
In Catholic canon law, determinatio is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, [2] although the content of such law is still essentially that of divine law, which, together with canon law, forms "a single juridical system of law". [5]
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 primary development in sentencing law that gave rise to this case was the shift away from indeterminate sentencing and toward determinate sentencing. Under an indeterminate sentencing scheme, statutory law provides for a wide range of authorized sentences, such as "five years to life" for burglary.
Some philosophers have maintained that the entire universe is a single determinate system, while others identify more limited determinate systems. Another common debate topic is whether determinism and free will can coexist; compatibilism and incompatibilism represent the opposing sides of this debate.
The Law Council of Australia and the Australian Law Reform Commission both consider mandatory sentencing to incur significant social and economic costs and to increase incarceration, though without a corresponding deterrent of or reduction in crime. Mandatory sentencing also removes the incentive to plead guilty as there will be no reduction in ...
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence of imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). [1]