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Sentencing Guidelines
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. By contrast, mandatory sentencing involves the imposition of legal parameters for criminal sentences, typically mandatory minimum terms of imprisonment. Worldwide United States In the United States federal courts, the Federal Sentencing Guidelines have long been applied to criminal sentencings. State courts use their own sentencing guidelines. The Federal Sentencing Guidelines are non-binding independent agency recommendations that inform sentencing in law. Courts consider these advisory forms, which contain maximum and minimum sentences, before deciding a defendant's sentence. "The Sentencing Guidelines enumerate aggravating and mitigating circumstances, assign sco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Sentencing
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so heinous, there is no way to accept the offender back into the general population ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating
Mitigation is the reduction of something harmful or the reduction of its harmful effects. It may refer to measures taken to reduce the harmful effects of hazards that remain ''in potentia'', or to manage harmful incidents that have already occurred. It is a stage or component of emergency management and of risk management. The theory of mitigation is a frequently used element in criminal law and is often used by a judge to try cases such as murder, where a perpetrator is subject to varying degrees of responsibility as a result of one's actions. Disaster mitigation An all-hazards approach to disaster management considers all known hazards and their natural and anthropogenic potential risks and impacts, with the intention of ensuring that measures taken to mitigate one type of risk do not increase vulnerability to other types of risks. Proactive disaster mitigation measures are generally more effective than reactive measures in eliminating or reducing the impacts, but not all d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravated Felony
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term. When the category of "aggravated felonies" was first added to the Immigration and Nationality Act in 1988, as a response to heightened concerns about drug abuse, it encompassed only murder and trafficking in drugs or firearms. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Sentencing Council
The Scottish Sentencing Council is an advisory non-departmental public body in Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ... that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Senator of the College of Justice, Judges, sheriff court, sheriffs, and justice of the peace, justices of the peace must use the guidelines to inform the sentence (law), sentence they pronounce against a convict, and they must give reasons for not following the guidelines. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. All sentencing guidelines are submitted to the High Court of Justiciary for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 Subdivisions of Scotland, administrative subdivisions or local authorities, known as council areas. Glasgow, Glasgow City is the largest council area in terms of population, with Highland (council area), Highland being the largest in terms of area. Limi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentencing Guidelines Council
The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom government, created by s.167 of the Criminal Justice Act 2003. It gave authoritative guidance on sentencing to the courts of England and Wales. It was replaced in April 2010 by the Sentencing Council. Constitution The Council was chaired by the Lord Chief Justice of England and Wales and comprised seven judicial members, appointed by the Lord Chancellor after consultation with the Lord Chief Justice and the Home Secretary, and four non-judicial members, appointed by the Home Secretary after consultation with the Lord Chancellor and Lord Chief Justice. The seven judicial members had to include a circuit judge, a district judge (magistrates courts) and a lay magistrate. The non-judicial members had to be experienced in policing, criminal prosecution, criminal defence In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentencing Council
The Sentencing Council for England and Wales is a non-departmental public body that is responsible for developing sentencing guidelines, monitoring the use of guidelines and assessing and reviewing a wide range of decisions relating to sentencing. It was established in April 2010 in consequence of the Coroners and Justice Act 2009, replacing the Sentencing Guidelines Council and the Sentencing Advisory Panel, its predecessor bodies. The Council aims to ensure a consistent approach to sentencing, demystify court processes and sentencing for victims and the public, and increase confidence in the criminal justice system. The Act gives the Sentencing Council a statutory duty to prepare sentencing guidelines about the discharge of a court's duty under section 144 of the Criminal Justice Act 2003 (c. 44) (reduction in sentences for guilty pleas), and sentencing guidelines about the application of any rule of law as to the totality of sentences. It is able to prepare sentencing guide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In some countries the record is limited to actual convictions (where the individual has pled guilty or been found guilty by a qualified court, resulting in the entry of a conviction), while in others it also includes arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. A criminal history may be used by potential employers, lenders, and others to assess a person's trustworthiness. Criminal records may also be relevant for international travel, and for the charging and sentencing of persons who commit additio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravating
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself." Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt. In the UK, the Criminal Justice Act 2003 requires a court to consider (a) relevant previous convictions, (b) racial or religious aggravation, and (c) hostility towards the victim or to persons generally based on sexual orientation (or presumed sexual orientation) or disability (or presumed disability) when determining sentence for a conviction. The antonym of aggravation is mitigation. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detentio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
