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The Alabama Sentencing Commission was established to maintain an effective, fair, and efficient sentencing system for the state of Alabama.The 17-member commission is also charged with enhancing public safety, providing truth-in-sentencing and preventing unwarranted disparity in the sentencing of individuals convicted in the state's criminal justice system. [1]
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state. In 2005, the United States Supreme Court held that offenders under the age of 18 at the time of the murder were exempt from the death penalty under Roper v. Simmons. In 2012, the United States Supreme Court held in Miller v.
Most judges do accept it because the sentence given is the same as the sentence for a regular guilty plea under the state sentencing guidelines." [12] Criminal Evidence explained the application of the Alford plea in U.S. states, "Most state courts hold that an Alford plea is the 'functional equivalent' of a regular plea of guilty. Therefore, a ...
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.
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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.
In Alabama, the common law felony murder rule has been codified in Alabama Code § 13A-6-2(a)(3). It provides that when a person commits various crimes and "in the course of and in furtherance of the crime" another is killed, then the perpetrator is guilty of murder, a "Class A Felony", the punishment of which is not less than 10 years nor more than 99 years in prison, or life in prison.