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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, assig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Sentencing
Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into consideration when sentencing. Research shows the discretion of sentencing is effectively shifted to prosecutors, as they decide what charges to bring against a defendant. 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. They can be applied to crimes ranging from minor offences to extremely violent crimes including murder. Mandatory sentences are considered a "tough on crime" approach that intend to serve as a general deterrence for potential criminals and repeat offenders, who are expected to avoid crime because they can be certain of their sentence if they are caught. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating
Mitigation is the reduction of something harmful that has occurred 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 (also hazard mitigation) measures are generally more effective than reactive measures in eliminatin ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Sentencing Council
The Scottish Sentencing Council () is an Public bodies of the Scottish Government, advisory non-departmental public body in Scotland 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 approval, and the High Court may approve, amend, or reject the guidelines produced by the Council. History Macfadyen Report The establishment of the Scottish Sentencing Council was a response to the report ''T ... [...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. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjacent Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. To the south-east, Scotland has its Anglo-Scottish border, only land border, which is long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The population in 2022 was 5,439,842. Edinburgh is the capital and Glasgow is the most populous of the cities of Scotland. The Kingdom of Scotland emerged as an independent sovereign state in the 9th century. In 1603, James VI succeeded to the thrones of Kingdom of England, England and Kingdom of Ireland, Ireland, forming a personal union of the Union of the Crowns, three kingdo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentencing Guidelines Council
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have ... [...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. Synopsis 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 Coroners and Justice Act 2009 gives the Sentencing Council a statutory duty to prepare sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Act 2020 (c. 17) (reduction in sentence for guilty plea), and sentencing guidelines about the application of any rule of law as to the totality of sentences. It is ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. 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 is most often a form of socia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), 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 of being, 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 def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Record
A criminal record (not to be confused with a police record or arrest record) is a record of a person's criminal Conviction, convictions 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 Driving under the influence, drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions (where the individual has pleaded guilty or been found guilty by a qualified court, resulting in the entry of a conviction), while in some it can also include arrests, Criminal charge, charges dismissed, charges pending and charges of which the individual has been Acquittal, acquitted. The term rap sheet refers to ''Record of Arrest and Prosecution'', similar to a criminal record. A criminal history may be used by potential emp ... [...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 or incarceration 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 considered " 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 actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
