Chapter 9. Sentencing, Appeals, and the Death Penalty

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Chapter 9. Sentencing, Appeals, and the Death Penalty"

Transcription

1 Chapter 9 Sentencing, Appeals, and the Death Penalty

2 Chapter Objectives After completing this chapter, you should be able to: Identify the general factors that influence a judge s sentencing decisions. Describe how judges tailor sentences to fit the crime and the offender. Distinguish between indeterminate and determinate sentences. Explain the three basic types of determinate sentences. 2 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

3 Chapter Objectives List five rationales or justifications for criminal punishment. Explain the purposes of presentence investigation reports. List the legal bases for appeal. Identify the type of crime for which death may be a punishment. Summarize the three major procedural reforms the U.S. Supreme Court approved for death penalty cases in the Gregg decision. 3 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

4 Sentencing If a criminal defendant pleads guilty or is found guilty by a judge or jury, then the judge (or sometimes a jury) must impose a sentence. 4 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

5 Time Between Felony Conviction and Sentencing in State Courts 5 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

6 Distribution of Types of Felony Sentences Imposed in State Courts 6 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

7 Sentencing Judges are limited by statutory provisions and guided by: prevailing philosophical rationales. organizational considerations. presentence investigation reports. their own personal characteristics. 7 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

8 Statutory Provisions State and federal legislative bodies enact penal codes that specify appropriate punishments for each statutory offense, or class of offense. Five types of punishments are used in the United States: Fines. Probation. Intermediate punishments (more restrictive than probation but less restrictive and costly than imprisonment). Imprisonment. Death. 8 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

9 Statutory Provisions Within limits, judges tailor the punishment to fit the crime and the offender. Judges can combine punishments, or suspend a punishment if the offender: stays out of trouble. makes restitution, or seeks medical treatment. 9 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

10 Statutory Provisions Judges in states that have indeterminate sentencing statutes generally have more discretion in sentencing than do judges in states with determinate sentencing laws. 10 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

11 Indeterminate Sentencing Determinate Sentencing Indeterminate Sentencing: A sentence with a fixed minimum and maximum term of incarceration, rather than a set period. Determinate Sentencing A sentence with a fixed period of incarceration, which eliminates the decision-making responsibility of parole boards. 11 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

12 Statutory Provisions There are three types of determinate sentences: 1. Flat-time 2. Mandatory 3. Presumptive 12 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

13 Statutory Provisions Flat-time sentencing does not include options for parole and good time. Flat-time Sentencing: Sentencing in which judges may choose between probation and imprisonment but have little discretion in setting the length of a prison sentence. Once an offender is imprisoned, there is no possibility of reduction in the length of the sentence. Good Time: The number of days deducted from a sentence by prison authorities for good behavior or for other causes. 13 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

14 Statutory Provisions Mandatory sentencing specifies a number of years of imprisonment (usually within a range), but usually allows credit for good time, but does not allow release on parole. 14 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

15 Statutory Provisions Presumptive sentencing is a compromise between legislatively mandated determinate and indeterminate sentences. Allows a judge to retain some sentencing discretion, subject to appellate review. The legislature determines a sentence range for each crime. 15 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

16 Sample Sentencing Guidelines 16 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

17 Sentencing Choices of 41 New York State Judges 17 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

18 Statutory Provisions In today s law and order climate, state legislatures are increasingly replacing indeterminate sentences with determinate ones. Some argue that determinate sentences result in longer prison sentences and overcrowded prisons. The U.S. has been experiencing a crisis of prison overcrowding. 18 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

19 Statutory Provisions Determinate sentencing has several other criticisms: Prisons have become harsher, giving up on rehabilitation. The abolition of good time and parole makes discipline and control more difficult, because inmates have little incentive to behave. Some judges ignore guidelines they see as too harsh. 19 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

20 Statutory Provisions Further criticism of determinate sentencing: Determinate sentencing shifts sentencing discretion from judges to legislatures and prosecutors. Prosecutors still have discretion in plea negotiations, but operate in secret, whereas judges exercise discretion in the open. 20 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

21 Statutory Provisions Further criticisms of determinate sentencing: In jurisdictions that retain good time, determinate sentencing shifts sentencing discretion from legislators and prosecutors to correctional personnel. It is virtually impossible to define in advance all of the factors that ought to be considered in determining a criminal sentence. 21 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

22 Philosophical Rationales The goals of criminal sanctions or criminal punishment are the prevention and control of crime. Always at issue is how best to achieve those goals. 22 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

23 Philosophical Rationales Historically, four major rationales have been given for the punishment imposed by the criminal courts: Retribution. Incapacitation. Deterrence. Rehabilitation. Restoration has been gaining more attention as a punishment rationale. 23 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

24 Retribution Although it has probably always played some role in sentencing decisions, retribution is now increasingly popular with the public as a rationale for punishment. 24 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

25 Retribution When most people say retribution, they usually want either: Revenge or Just Deserts 25 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

26 Revenge The punishment rationale expressed by the biblical phrase, An eye for an eye, and a tooth for a tooth. People who seek revenge want to pay back offenders by making them suffer for what they have done. 26 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

27 Just Deserts The punishment rationale based on the idea that offenders should be punished automatically, simply because they have committed a crime they deserve it and the idea that the punishment should fit the crime. 27 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

28 Retribution Retributivists believe that: Retribution reduces the incidence of vigilantism. If offenders are not punished for their crimes, other people will lose respect for the law. Retribution is the only rationale for criminal punishment that addresses the past, paying back offenders for their crimes. 28 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

29 Incapacitation Incapacitation makes it virtually impossible for offenders to commit crimes during the period of restraint. Incapacitation was done historically through exile, banishment, or death. Today, incapacitation is done through imprisonment or death. 29 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

30 Deterrence There are two forms of deterrence: Special or Specific Deterrence The prevention of individuals from committing crimes again by punishing them. General Deterrence The prevention of people in general from engaging in crime by punishing specific individuals and making examples of them. Deterrence makes intuitive sense, but social science is unable to measure its effects. 30 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

31 Rehabilitation For much of the 20th century, the primary rationale for punishing criminal offenders has been rehabilitation. Unfortunately, because the causes of crime are not fully understood, we don t know how to correct or cure criminal offenders. 31 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

32 Rehabilitation The attempt to correct the personality and behavior of convicted offenders through educational, vocational, or therapeutic treatment and to return them to society as lawabiding citizens. 32 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

33 Restoration and Victims Rights Restoration places equal emphasis on victims rights and needs, and the successful reintegration of offenders into the community. Restitution and community service are sometimes used. 33 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

34 Restoration and Victims Rights Today, at least in some jurisdictions, a greater effort is being made to do something for victims and their survivors to restore them, as much as possible, to their previous state and to make them whole again. Every state has laws that protect the basic rights of crime victims in the criminal justice system. 34 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

35 Restoration and Victims Rights In the sentencing process, the United States Supreme court ruled in 1991, in Payne v. Tennessee, that judges and juries may consider victim-impact statements in their sentencing decisions. 35 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

36 Organizational Considerations A judge s sentence is guided by organizational considerations: Plea bargains. Prison overcrowding. Costs of the sentence vs. the benefits derived from it. 36 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

37 Presentence Investigation Reports (PSI) Generally, a presentence investigation report (PSI) is prepared by a probation officer, who conducts as thorough a background check as possible on a defendant. Sometimes a PSI includes sentencing recommendations. 37 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

38 Presentence Investigation Report Reports, often called PSIs or PSIRs, that are used in the federal system and the majority of states to help judges determine the appropriate sentence. They are also used in classifying probationers, parolees, and prisoners according to their treatment needs and security risk. 38 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

39 Allocution In many jurisdictions, after the PSI has been submitted a sentencing hearing is held and the defendant is allowed a procedure called allocution. The defendant also has the opportunity to plead for a pardon. A forgiveness for the crime committed that stops further criminal processing. 39 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

40 Allocution The procedure at a sentencing hearing in which the convicted defendant has the right to address the court before the sentence is imposed. During allocution, a defendant is identified as the person found guilty and has a right to deny or explain information contained in the PSI if his or her sentence is based on it. 40 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

41 Allocution Among the claims that a convicted offender can make at allocution are: He or she is not the person who was found guilty at trial. A pardon has been granted for the crime in question. He or she has gone insane since the verdict. She is pregnant. The sentence must be deferred or adjusted. 41 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

42 Personal Characteristics of Judges Among the personal characteristics of judges that have been found to affect their sentencing decisions are: Their socioeconomic backgrounds. The law schools they attended. Their prior experiences in and out of court. The number of offenders they defended earlier in their careers. 42 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

43 Personal Characteristics of Judges Their biases concerning various crimes. Their emotional reactions and prejudices toward the defendants. Their own personalities. Their marital and sexual relations. 43 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

44 Appeals Defendants can appeal their convictions on legal or constitutional grounds. Because the defendant has already been found guilty, the presumption of innocence no longer applies during the appellate process, and the burden of showing why the conviction should be overturned shifts to the defendant. 44 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

45 Appeals Generally, an offender must file a notice of intent to appeal within 30 to 90 days after conviction. Also, the defendant must file an affidavit of errors specifying the alleged defects in the trial or pretrial proceedings. Nearly 80% of state trial court decisions are affirmed on appeal. 45 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

46 The Death Penalty As a punishment for the most heinous of crimes, the death penalty, or capital punishment, differs from other criminal sanctions. The United States Supreme Court has acknowledged, Death is different. 46 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

47 A Brief History of the Death Penalty in the United States The first American settlers brought with them the English penal code, which listed 50 capital offenses. Actual practice varied from colony to colony. 47 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

48 A Brief History of the Death Penalty in the United States The earliest recorded lawful execution in America was in 1608 in the colony of Virginia. Since then, there have been about 20,000 legal executions in the U.S. Only 3% of people executed were women. 87% of those were before About 2% of those executed in the U.S. since 1608 have been juveniles. 48 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

49 A Brief History of the Death Penalty in the United States Between 1990 and 2005, the U.S. was one of only seven countries that executed anyone who was under 18 at the time of the crime. The others were: Democratic Republic of Congo Iran Nigeria Pakistan Saudi Arabia Yemen 49 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

50 Enter the United States Supreme Court Before 1968, the only issues the Supreme Court considered in relation to capital punishment concerned the means of administering the death penalty. 50 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

51 Enter the United States Supreme Court Currently there are five methods of execution in use: 1. Lethal injection 2. Electrocution 3. Lethal gas 4. Hanging 5. Firing squad 51 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

52 Enter the United States Supreme Court Between 1968 and 1972, an informal moratorium on execution was observed as a series of lawsuits challenged the constitutionality of capital punishment. The court set aside death sentences in 1972 for the first time ever. 52 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

53 Enter the United States Supreme Court In the Furman decision, the Court held that the way the death penalty was administered was unconstitutional, but not capital punishment itself. The decision voided the death penalty laws of some 35 states, and the death sentences of more than 600 men and women were commuted to imprisonment. 53 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

54 Enter the United States Supreme Court By 1974, 30 states had enacted new death penalty statutes designed to meet the Court s objections. They came in two forms: Mandatory statutes that mandated capital punishment for certain crimes. Guided-discretion statutes that provided specific guidelines for judges and juries. 54 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

55 Enter the United States Supreme Court Mandatory statutes were rejected in In the Gregg decision (also in 1976), the Court upheld the constitutionality of guided-discretion statutes. Since 1977 and as of March 2011, more than 1,243 people had been executed in 34 states, including 466 in Texas. 55 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

56 State-by-State Count of Inmates Executed in 33 States Since Executions Resumed in Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

57 Enter the United States Supreme Court Currently (as of March 21, 2011), 36 jurisdictions have capital punishment statues. 17 jurisdictions do not have capital punishment statutes. 57 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

58 Jurisdictions With and without Capital Punishment Statutes 58 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

59 Enter the United States Supreme Court In decisions since Gregg, the Supreme Court has limited the crimes for which death is considered appropriate and has further refined death penalty jurisprudence. The Court has generally limited the death penalty to those offenders convicted of aggravated murder. 59 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

60 Enter the United States Supreme Court The Court barred states from executing inmates who have developed mental illness while on death row. In 2002, the Court banned the execution of mentally retarded offenders. Capital punishment is limited to offenders who are 16 or older at the time of the crime. In 2005, the Court limited capital punishment to offenders who are 18 years of age or older at the time of the crime. 60 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

61 Enter the United States Supreme Court 61 The 1994 federal crime bill expanded the number of federal crimes punishable by death to about 50, including: Treason Espionage Drug trafficking in large quantities Attempting, authorizing, or advising the killing of any public officer, juror, or witness in a case involving a continuing criminal enterprise regardless of whether such a killing actually occurs. As of year-end 2009, the number of federal crimes punishable by death had been reduced to 41. Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

62 The Procedural Reforms Approved in Gregg In Gregg, the Court assumed, without any evidence, that the new guided discretion statutes would eliminate the arbitrariness and discrimination that the Court found objectionable in its Furman decision. 62 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

63 The Procedural Reforms Approved in Gregg The Court was particularly optimistic about procedural reforms: Bifurcated trials. Guidelines for judges and juries. Automatic appellate review. 63 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

64 Bifurcated Trials If a defendant is found guilty in the guilt phase, then at the penalty phase, the judge or jury must determine whether the sentence will be death or life in prison. Some states require the selection of two separate juries in capital trials; one for each phase. 64 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

65 Guidelines for Judges and Juries What the court found especially appealing about the guideddiscretion statues is that judges and juries are provided with standards that presumably restrict, but do not eliminate, their sentencing discretion. Judges and juries in most states are provided with lists of aggravating factors and mitigating factors. 65 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

66 Guidelines for Judges and Juries Aggravating Factors In death sentencing, circumstances that make a crime worse than usual. Mitigating Factors In death sentencing, circumstances that make a crime less severe than usual. 66 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

67 Automatic Appellate Review Currently, 33 of the 34 states with death penalty statutes provide for automatic appellate review of all death sentences, regardless of the defendant s wishes. Although the Supreme Court does not require it, some states have provided a proportionality review. 67 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

68 Proportionality Review A review in which the appellate court compares the sentence in the case it is reviewing with penalties imposed in similar cases in the state. The object is to reduce, as much as possible, disparity in death penalty sentencing. 68 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

69 Collateral Review In addition to the automatic appellate review, there is a dual system of collateral review for capital defendants. They may appeal their convictions and sentences through state and federal appellate systems. 69 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

70 Writ of Habeas Corpus Some death row inmates whose appeals have been denied by the U.S. Supreme Court may still try to have the Supreme Court review their cases on constitutional grounds by filing a writ of habeas corpus. 70 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

71 Appellate Review The Legislature and Supreme Court have significantly restricted habeas petitions recently in order to reduce long delays in executions. Some people argue that the appellate reviews are unnecessarily delaying tactics (at least those beyond the automatic review). 71 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

72 Appellate Review However, between 1973 and 2010, 36% of the initial convictions or sentences in capital cases were overturned on appeal, as a result of: Denial of the right to an impartial jury. Problems of tainted evidence and coerced confessions. Ineffective assistance of counsel. Prosecutors references to defendants who refuse to testify. 72 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

73 The Death Row Population The death row population in the U.S. continues to grow, but more slowly than one might expect because inmates have: Been removed from death row by having their convictions or sentences reversed. Died of natural causes, been killed or committed suicide. Received commutations. Reductions in sentences, granted by a state s governor. 73 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

74 The Total Number of Death Row Inmates, by Race and Gender 74 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

75 Prospects for the Future Among Western, industrialized nations, the United States is the only nation to employ capital punishment. Even where capital punishment is employed in the U.S., most jurisdictions use it rarely. 75 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

76 Countries with the Most Confirmed Executions in Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

77 Prospects for the Future The death penalty in the U.S. appears to be a waning institution: Public support for the death penalty appears to be dropping. The American public is expressing greater concern about the way the death penalty is being administered. In 1997, the American Bar Association requested death penalty jurisdictions to refrain from using the sanction until greater fairness and due process could be assured. 77 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

78 Prospects for the Future The leaders of most organized religions in the U.S. oppose capital punishment. World opinion increasingly opposes the death penalty, and the European Union requires the abolition of the death penalty as a condition for admittance. 78 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

79 Prospects for the Future On the other hand, capital punishment in some states has proven stubbornly resilient: Death penalty support among the American public remains relatively strong. The public is skeptical that capital murderers sentenced to life without parole will remain imprisoned for life. People believe courts and legislatures will be able to fix problems with the administration of the death penalty. Even jurisdictions that do not use the death penalty have not abolished it. 79 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

80 Prospects for the Future There are at least three major factors in the public s death penalty support: The desire for vindictive revenge. The incapacitative power of the penalty. The symbolic value it has for politicians and law enforcement officials. 80 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

81 Prospects for the Future The possibility of executing an innocent person does not seem to be a crucial problem for a majority of the Supreme Court. Although the death penalty has virtually no effect on crime, it remains a favored political silver-bullet a simplistic solution to the crime problem used by aspiring politicians and law enforcement officials. 81 Copyright 2012 The McGraw-Hill Companies, Inc. All rights reserved.

IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant )

IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) PETITION TO ENTER PLEA OF GUILTY The defendant represents to the Court: 1. My

More information

SCOTUS Death Penalty Review. Lisa Soronen State and Local Legal Center

SCOTUS Death Penalty Review. Lisa Soronen State and Local Legal Center SCOTUS Death Penalty Review Lisa Soronen State and Local Legal Center lsoronen@sso.org Modern Death Penalty Jurisprudence 1970s SCOTUS tells the states they must limit arbitrariness in who gets the death

More information

Questioning Capital Punishment: Law, Policy, and Practice James R. Acker

Questioning Capital Punishment: Law, Policy, and Practice James R. Acker Questioning Capital Punishment: Law, Policy, and Practice James R. Acker Preface Acknowledgements PART I Chapter 1 Chapter 2 Chapter 3 PART II Chapter 4 THE DEATH PENALTY S JUSTIFICATIONS: PRO AND CON

More information

ll1. THE SENTENCING COMMISSION

ll1. THE SENTENCING COMMISSION ll1. THE SENTENCING COMMISSION A. What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Arkansas Sentencing

More information

Criminal Justice in America CJ Chapter 11 James J. Drylie, Ph.D.

Criminal Justice in America CJ Chapter 11 James J. Drylie, Ph.D. Criminal Justice in America CJ 2600 Chapter 11 James J. Drylie, Ph.D. Sentencing A sentence is the imposition of a sanction by a judicial authority on a person(s) convicted of a criminal offense or crime.

More information

CENTER ON JUVENILE AND CRIMINAL JUSTICE

CENTER ON JUVENILE AND CRIMINAL JUSTICE CENTER ON JUVENILE AND CRIMINAL JUSTICE March 2007 www.cjcj.org CJCJ s 2007 Legislative Watch As bills make their way through committee, CJCJ takes a moment to review promising legislation and unfortunate

More information

ll1. THE SENTENCING COMMISSION

ll1. THE SENTENCING COMMISSION ll1. THE SENTENCING COMMISSION What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Commission was

More information

Jurisdiction Profile: Massachusetts

Jurisdiction Profile: Massachusetts 1. THE SENTENCING COMMISSION Q. What year was the commission established? Has the commission essentially retained its original form or has it changed substantially or been abolished? The Massachusetts

More information

Chapter 1. Crime and Justice in the United States

Chapter 1. Crime and Justice in the United States Chapter 1 Crime and Justice in the United States Chapter Objectives After completing this chapter, you should be able to do the following: Describe how the type of crime routinely presented by the media

More information

Bench or Court Trial: A trial that takes place in front of a judge with no jury present.

Bench or Court Trial: A trial that takes place in front of a judge with no jury present. GLOSSARY Adversarial System: A justice system in which the defendant is presumed innocent and both sides may present competing views of the evidence (as opposed to an inquisitorial system where the state

More information

COURT OF COMMON PLEAS OF LEHIGH COUNTY CRIMINAL DIVISION. COMMONWEALTH OF PENNSYLVANIA ) ) V. ) Case No. ) ) GUILTY PLEA COLLOQUY

COURT OF COMMON PLEAS OF LEHIGH COUNTY CRIMINAL DIVISION. COMMONWEALTH OF PENNSYLVANIA ) ) V. ) Case No. ) ) GUILTY PLEA COLLOQUY COURT OF COMMON PLEAS OF LEHIGH COUNTY CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA ) ) V. ) Case No. ) ) GUILTY PLEA COLLOQUY You or your attorney has indicated that you may want to plead guilty to

More information

Effective October 1, 2015

Effective October 1, 2015 Modification to the Sentencing Standards. Adopted by the Alabama Sentencing Commission January 9, 2015. Effective October 1, 2015 A 3 Appendix A A 4 I. GENERAL INSTRUCTIONS - Introduction The Sentencing

More information

Death Penalty. crimes. According to the Supreme Court rulings, the death penalty is not in violation of the

Death Penalty. crimes. According to the Supreme Court rulings, the death penalty is not in violation of the Death Penalty The death penalty also known as capital punishment is the punishment of execution administered to those found guilty of a capital crime(s). In the United States, the Congress and the state

More information

TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS

TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS STEP 1: TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS BEFORE YOU BEGIN, you must have the following documents to complete the application. 1. Offense reports for all arrests,

More information

IDAHO VICTIMS RIGHTS LAWS¹

IDAHO VICTIMS RIGHTS LAWS¹ IDAHO VICTIMS RIGHTS LAWS¹ Constitution Article 1, 22 Rights of Crime Victims A crime victim, as defined by statute, has the following rights: (1) To be treated with fairness, respect, dignity and privacy

More information

JAPAN: The Death Penalty Joint Stakeholder Report for the United Nations Universal Periodic Review

JAPAN: The Death Penalty Joint Stakeholder Report for the United Nations Universal Periodic Review JAPAN: The Death Penalty Joint Stakeholder Report for the United Nations Universal Periodic Review Submitted by The Advocates for Human Rights a non-governmental organization in special consultative status

More information

REVISOR XX/BR

REVISOR XX/BR 1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional

More information

ALABAMA VICTIMS RIGHTS LAWS1

ALABAMA VICTIMS RIGHTS LAWS1 ALABAMA VICTIMS RIGHTS LAWS1 Constitution Art. I, 6.01 Basic rights for crime victims. (a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims,

More information

INT O INTRODUCTION TO THE CRIMINAL JUSTICE SYSTEM SYLLABUS. INSTRUCTOR NAME: Christopher Bruno

INT O INTRODUCTION TO THE CRIMINAL JUSTICE SYSTEM SYLLABUS. INSTRUCTOR NAME: Christopher Bruno INT O INTRODUCTION TO THE CRIMINAL JUSTICE SYSTEM SYLLABUS COURSE NUMBER AND TITLE: CJ101 CONTACT HOURS: 40 (Lecture 40, Lab 0) ACADEMIC CREDIT: PREREQUISITES: 4 quarter credit hours None INSTRUCTOR NAME:

More information

Fifth, Sixth, and Eighth Amendment Rights

Fifth, Sixth, and Eighth Amendment Rights You do not need your computers today. Fifth, Sixth, and Eighth Amendment Rights How have the Fifth, Sixth, and Eighth Amendments' rights of the accused been incorporated as a right of all American citizens?

More information

STRUCTURE OF A CRIMINAL TRIAL: (FELONY)

STRUCTURE OF A CRIMINAL TRIAL: (FELONY) TRIAL: (FELONY) STRUCTURE OF A CRIMINAL Crimes are divided into 2 general classifications: felonies and misdemeanors. A misdemeanor is a lesser offense, punishable by community service, probation, fine

More information

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION PRIOR PRINTER'S NO. 1 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE RESOLUTION No. Session of 0 INTRODUCED BY GREENLEAF, ERICKSON, PIPPY, D. WHITE, LEACH, FERLO, WASHINGTON, WILLIAMS AND WOZNIAK,

More information

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 2.1 Chapter 2 A Dual The Court Court System System Section 2.1 Section 2.2 Trial Procedures Why It s Important Learning the structure of

More information

MISSOURI VICTIMS RIGHTS LAWS¹

MISSOURI VICTIMS RIGHTS LAWS¹ CONSTITUTION Article I, 32. Crime victims' rights MISSOURI VICTIMS RIGHTS LAWS¹ 1. Crime victims, as defined by law, shall have the following rights, as defined by law: (1) The right to be present at all

More information

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED

TEXAS CRIMINAL DEFENSE FORMS ANNOTATED TEXAS CRIMINAL DEFENSE FORMS ANNOTATED 1.1 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL Order By Daniel L. Young PART ONE STATE PROCEEDINGS CHAPTER 1. BAIL 1.2 SURETY S AFFIDAVIT TO SURRENDER PRINCIPAL CURRENTLY

More information

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)

SUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1104 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF

More information

Criminal Justice A Brief Introduction

Criminal Justice A Brief Introduction Criminal Justice A Brief Introduction ELEVENTH EDITION CHAPTER 11 Prisons and Jails Prisons Prison A state or federal confinement facility that has custodial authority over adults sentenced to confinement

More information

$1 billion over 5 years more than permanent imprisonment. California s most vulnerable

$1 billion over 5 years more than permanent imprisonment. California s most vulnerable T If r I ' a ty y, - Price Tag: $1 billion over 5 years more than permanent imprisonment o $125 million each year, mostly Gen Fund o $400 million to build new death row Who Pays: California s most vulnerable

More information

AN ANALYSIS OF THE DEATH PENALTY 1. Abstract. This paper undertakes a survey of three facets of the death penalty: its

AN ANALYSIS OF THE DEATH PENALTY 1. Abstract. This paper undertakes a survey of three facets of the death penalty: its AN ANALYSIS OF THE DEATH PENALTY 1 Abstract This paper undertakes a survey of three facets of the death penalty: its constitutionality, morality, and practicality. Section I provides an introduction to

More information

Introduction to Sentencing and Corrections

Introduction to Sentencing and Corrections Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus

More information

The Intersection of Immigration Law with CA State Law

The Intersection of Immigration Law with CA State Law The Intersection of Immigration Law with CA State Law January 16, 2015 Raha Jorjani, Office of the Alameda County Public Defender Agenda Overview of Immigration Consequences of Criminal Convictions. Post-Conviction

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE

More information

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,

More information

LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS

LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS I. OVERVIEW Historically, the rationale behind the development of the juvenile court was based on the notion that

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA , -8899, -8902, v , -9669

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA , -8899, -8902, v , -9669 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DORIAN RAFAEL ROMERO, Movant/Petitioner, Case Nos. 2008-cf-8896, -8898, -8899, -8902, v. -9655, -9669 THE STATE OF FLORIDA,

More information

APPLICATION FOR WRIT OF HABEAS CORPUS

APPLICATION FOR WRIT OF HABEAS CORPUS IN THE SUPERIOR COURT OF STATE OF GEORGIA, Petitioner, Civil Action No. Inmate Number vs., Habeas Corpus Warden, Respondent (Name of Institution where you are now located) APPLICATION FOR WRIT OF HABEAS

More information

Plaintiff-Appellee, JIN SONG LIN, Defendant-Appellant. Supreme Court No SCC-0008-CRM Superior Court No OPINION

Plaintiff-Appellee, JIN SONG LIN, Defendant-Appellant. Supreme Court No SCC-0008-CRM Superior Court No OPINION IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, Plaintiff-Appellee, v. JIN SONG LIN, Defendant-Appellant. Supreme Court No. 2014-SCC-0008-CRM

More information

RIGHTS OF CRIME VICTIMS in CONNECTICUT

RIGHTS OF CRIME VICTIMS in CONNECTICUT Information and Support Services Child Abuse Care Line 1-800-842-2288 Connecticut Coalition Against Domestic Violence Connecticut Office of Protection and Advocacy for Persons with Disabilities Connecticut

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 29, 2009 Session

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 29, 2009 Session IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE April 29, 2009 Session STATE OF TENNESSEE v. JENNY LYNN SILER Appeal from the Criminal Court for Campbell County No. 12650 E. Shayne Sexton, Judge

More information

Missouri Legislative Academy

Missouri Legislative Academy Missouri Legislative Academy New Approaches to Incarceration in Missouri Sarah Morrow Report 5-2004 February 2004 The Missouri Legislative Academy is sponsored by the University of Missouri as a public

More information

Key Decisions in Felony Disenfranchisement Litigation For more information, visit:

Key Decisions in Felony Disenfranchisement Litigation For more information, visit: Right To Vote Key Decisions in Felony Disenfranchisement Litigation For more information, visit: www.brennancenter.org Table of Contents: I. United States Supreme Court Richardson v. Ramirez O Brien v.

More information

HOW A CRIMINAL CASE PROCEEDS IN FLORIDA

HOW A CRIMINAL CASE PROCEEDS IN FLORIDA HOW A CRIMINAL CASE PROCEEDS IN FLORIDA This legal guide explains the steps you will go through if you should be arrested or charged with a crime in Florida. This guide is only general information and

More information

Sentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing

Sentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence (general & specific) Political Perspectives on Sentencing Left Wing

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 07-00200-01-CR-W-FJG ) WILLIAM ENEFF, ) ) ) Defendant. )

More information

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION

IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION -GR-102-Guilty Plea IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA ) NO. Criminal Sessions, VS. ) Charge: ) ) Defendant. ) BEFORE THE

More information

JUS100 Introduction to Justice Studies

JUS100 Introduction to Justice Studies Berkeley College Overview Academic Programs Justice Studies JUS100 Introduction to Justice Studies Admissions and Finances Administration, Faculty, and Staff An introduction to the major institutions of

More information

FELONY SENTENCING AFTER REALIGNMENT

FELONY SENTENCING AFTER REALIGNMENT FELONY SENTENCING AFTER REALIGNMENT J. RICHARD COUZENS Judge of the Superior Court County of Placer (Ret.) TRICIA A. BIGELOW Presiding Justice, Court of Appeal, 2 nd Appellate District, Div. 8 September

More information

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ. and Carrico, 1 S.J.

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ. and Carrico, 1 S.J. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ. and Carrico, 1 S.J. DARYL RENARD ATKINS v. Record No. 000395 OPINION BY JUSTICE CYNTHIA D. KINSER June 6, 2003 COMMONWEALTH OF VIRGINIA

More information

ROPER v. SIMMONS, 543 U.S [March 1, 2005]

ROPER v. SIMMONS, 543 U.S [March 1, 2005] ROPER v. SIMMONS, 543 U.S. 551 [March 1, 2005] Justice Kennedy delivered the opinion of the Court. This case requires us to address, for the second time in a decade and a half, whether it is permissible

More information

(4) When the victim is under the age of twelve years. Lack of knowledge of the victim's age shall not be a defense.

(4) When the victim is under the age of twelve years. Lack of knowledge of the victim's age shall not be a defense. Capital Punishment for the Rape of a Child is Cruel and Unusual Punishment Under the Eighth Amendment of the United States Constitution: Kennedy v. Louisiana CONSTITUTIONAL LAW - EIGHTH AMENDMENT - CRUEL

More information

Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008

Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008 Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008 I. Introduction: On September 25, 2008, Governor Rendell signed into law 4 bills (House Bills 4-7) commonly referred to as the Prison Package.

More information

Stages of a Case Glossary

Stages of a Case Glossary Stages of a Case Glossary Stages of a Case are the specific events in the life of an indigent defense case. Each type of case has its own events known by special names. Following are details about the

More information

NC General Statutes - Chapter 15A Article 46 1

NC General Statutes - Chapter 15A Article 46 1 Article 46. Crime Victims' Rights Act. 15A-830. Definitions. (a) The following definitions apply in this Article: (1) Accused. A person who has been arrested and charged with committing a crime covered

More information

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING THE DEPARTMENT OF REHABILITATION AND CORRECTION * * This summary identifies provisions in House Bill 86 that will require the

More information

The Death Penalty: A Worldwide View. Dr Jack Tsen-Ta Lee School of Law, SMU 27 May 2017

The Death Penalty: A Worldwide View. Dr Jack Tsen-Ta Lee School of Law, SMU 27 May 2017 The Death Penalty: A Worldwide View Dr Jack Tsen-Ta Lee School of Law, SMU 27 May 2017 Overview We will take a brief look at the following worldwide trends concerning the death penalty in 2016: Death sentences.

More information

IN THE COURT OF CRIMINAL APPEALS

IN THE COURT OF CRIMINAL APPEALS IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-37,145-04 EX PARTE SCOTT LOUIS PANETTI, Applicant ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS AND MOTION TO STAY THE EXECUTION IN CAUSE NO.

More information

New York State Pro Bono Clemency Initiative. Training Guide for Lawyers April 2016 Update

New York State Pro Bono Clemency Initiative. Training Guide for Lawyers April 2016 Update New York State Pro Bono Clemency Initiative Training Guide for Lawyers April 2016 Update 1 Table of Contents Introduction... 3 Part One: How to Take a Case.4 Part Two: Understanding Your Client s Criminal

More information

COMPENSATION STATUTES: A NATIONAL OVERVIEW

COMPENSATION STATUTES: A NATIONAL OVERVIEW COMPENSATION STATUTES: A NATIONAL OVERVIEW MAXIMUM AL Ala.Code 1975 29-2- 150, et seq. CA Cal Penal Code 4900 to 4906; 2001 Conviction vacated or reversed and the charges dismissed on grounds consistent

More information

PART H - SPECIFIC OFFENDER CHARACTERISTICS. Introductory Commentary

PART H - SPECIFIC OFFENDER CHARACTERISTICS. Introductory Commentary 5H1.1 PART H - SPECIFIC OFFENDER CHARACTERISTICS Introductory Commentary The following policy statements address the relevance of certain offender characteristics to the determination of whether a sentence

More information

Collateral Consequences of Conviction

Collateral Consequences of Conviction Collateral Consequences of Conviction Issue Should the State Bar of Michigan support and advocate for state legislation that would implement a collateral consequences of conviction act? Synopsis The Uniform

More information

Follow this and additional works at:

Follow this and additional works at: 2006 Decisions Opinions of the United States Court of Appeals for the Third Circuit 6-14-2006 USA v. Marshall Precedential or Non-Precedential: Non-Precedential Docket No. 05-2549 Follow this and additional

More information

Age Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision

Age Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision NUTS AND BOLTS OF JUVENILE LAW Sponsored by the Texas Juvenile Probation Commission and Juvenile Law Section of the State Bar of Texas August 22 23, 2005 Rennaisance Hotel, Austin, Texas Criminal Violations,

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE AKBAR HASSAN-EL, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 432, 2008 Court Below Superior Court of the State of Delaware

More information

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON

The court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON The court process How the criminal justice system works. CONSUMER GUIDE FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON Inside The process Arrest and complaint Preliminary hearing Grand jury Arraignment

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2006

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2006 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs March 29, 2006 JACKIE WILLIAM CROWE v. JAMES A. BOWLEN, WARDEN Direct Appeal from the Criminal Court for McMinn County Nos.

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 4, 2007

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 4, 2007 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 4, 2007 STATE OF TENNESSEE v. MAURICE LASHAUN NASH Appeal from the Circuit Court for Tipton County Nos. 5385, 5386,

More information

APPLICATION INSTRUCTIONS FOR:

APPLICATION INSTRUCTIONS FOR: APPLICATION INSTRUCTIONS FOR: SPECIAL RESTORATION OF CITIZENSHIP (FIREARMS RIGHTS) PARDON COMMUTATION OF LIFE SENTENCE PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. IF YOU DO NOT COMPLETE THE APPLICATION

More information

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90 New South Wales Crimes (Sentencing Procedure) Amendment (Standard Minimum Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 and other Acts 2 Schedules

More information

EIGHTH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT CONSECUTIVE SENTENCES IMPOSED PASSED CONSTITUTIONAL MUSTER.

EIGHTH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT CONSECUTIVE SENTENCES IMPOSED PASSED CONSTITUTIONAL MUSTER. State of Maryland v. Kevin Lamont Bolden No. 151, September Term, 1998 EIGHTH AMENDMENT CRUEL AND UNUSUAL PUNISHMENT CONSECUTIVE SENTENCES IMPOSED PASSED CONSTITUTIONAL MUSTER. IN THE COURT OF APPEALS

More information

VICTIM IMPACT STATEMENT RECOMMENDED PROCESSING PROCEDURES

VICTIM IMPACT STATEMENT RECOMMENDED PROCESSING PROCEDURES VICTIM IMPACT STATEMENT RECOMMENDED PROCESSING PROCEDURES This document is based on statutes current through the Regular Session of the 85 th Legislature in the Code of Criminal Procedure Title 1, Chapter

More information

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6 case 3:04-cr-00071-AS document 162 filed 09/01/2005 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION UNITED STATES OF AMERICA ) ) v. ) Cause No. 3:04-CR-71(AS)

More information

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) SYNOPSIS Transfers Division of Release employees to

More information

ABOUT GRASSROOTS LEADERSHIP

ABOUT GRASSROOTS LEADERSHIP Another Look ABOUT GRASSROOTS LEADERSHIP Grassroots Leadership is an Austin, Texas-based national organization that works to end prison profiteering, mass incarceration and deportation through direct action,

More information

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT STATE OF FLORIDA, Petitioner, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. Case No.

More information

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

ASSEMBLY, No STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Assemblywoman SHAVONDA E. SUMTER District (Bergen and Passaic) Assemblyman JAMEL C. HOLLEY District

More information

2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP.

2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP. AGE LIMITS IN THE JUVENILE JUSTICE SYSTEM I. IN THE JUVENILE SYSTEM AGE IS JURISDICTIONAL A. Age at time of offense; child ; F.C. 51.02 (2)(A) preliminary investigation upon referral F.C. 53.01 (a)(1)

More information

Postconviction Relief Actions Hon. Robert J. Blink 5 th Judicial District of Iowa

Postconviction Relief Actions Hon. Robert J. Blink 5 th Judicial District of Iowa Postconviction Relief Actions Hon. Robert J. Blink 5 th Judicial District of Iowa Basics Protecting yourself preventing PCRs o Two step approach Protect your client Facts & law Consult experienced lawyers

More information

2015 CO 14. No. 13SA336, Ankeney v. Raemisch Mandatory Release Date Applicability of good time, earned time, and educational earned time

2015 CO 14. No. 13SA336, Ankeney v. Raemisch Mandatory Release Date Applicability of good time, earned time, and educational earned time Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association

More information

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project Purpose and Goals Emerging National

More information

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) )

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 29559 GEORGE JUNIOR PORTER, Petitioner-Respondent, v. STATE OF IDAHO, Respondent-Appellant. Lewiston, October 2004 Term 2004 Opinion No. 115 Filed:

More information

Chapter 4. Justice and the Law. Justice vs. Law. David Hume. Justice does not dictate a perfect world, but one in which people live up

Chapter 4. Justice and the Law. Justice vs. Law. David Hume. Justice does not dictate a perfect world, but one in which people live up Chapter 4 Justice and the Law Justice vs. Law Law & Justice are very different. Law is often defined as the administration of justice. Law may result in judgments that many feel are unjust Justice: Is

More information

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Recommendation CM/Rec(2010)1 of the Committee of Ministers to member states on the Council of Europe Probation Rules (Adopted by the Committee of Ministers on 20 January 2010 at the 1075th meeting of the

More information

NEW YORK STATE PAROLE HANDBOOK QUESTIONS AND ANSWERS CONCERNING PAROLE RELEASE AND SUPERVISION

NEW YORK STATE PAROLE HANDBOOK QUESTIONS AND ANSWERS CONCERNING PAROLE RELEASE AND SUPERVISION NEW YORK STATE PAROLE HANDBOOK QUESTIONS AND ANSWERS CONCERNING PAROLE RELEASE AND SUPERVISION David A. Paterson Governor September, 2007 (Revised) New York State Parole Handbook Questions and Answers

More information

HOT TOPICS CAFÉ ARIZONA PRISONS

HOT TOPICS CAFÉ ARIZONA PRISONS HOT TOPICS CAFÉ ARIZONA PRISONS Tuesday, May 10, 2016 3-4:30 p.m. Yavapai College, Sedona Center (OLLI) Facilitated by Mike Popejoy, Philosophy, Coconino Community College 2 PROGRAM 3 p.m. Welcome and

More information

JUVENILE SEX OFFENDER REGISTRATION

JUVENILE SEX OFFENDER REGISTRATION JUVENILE SEX OFFENDER REGISTRATION Requirements, Penalties, and Relief Oregon law requires a juvenile found guilty of certain sex offenses to register as a sex offender. This requirement is permanent unless

More information

The State of Sentencing 2011

The State of Sentencing 2011 The State of Sentencing 2011 Developments in Policy and Practice Nicole D. Porter February 2012 For further information: The Sentencing Project 1705 DeSales St., NW 8 th Floor Washington, D.C. 20036 (202)

More information

LIMITATIONS ON A MORE SEVERE SENTENCE AFTER A SUCCESSFUL APPEAL OR COLLATERAL ATTACK

LIMITATIONS ON A MORE SEVERE SENTENCE AFTER A SUCCESSFUL APPEAL OR COLLATERAL ATTACK LIMITATIONS ON A MORE SEVERE SENTENCE AFTER A SUCCESSFUL APPEAL OR COLLATERAL ATTACK Jessica Smith, UNC School of Government (April 2014) Contents I. Generally...1 II. Federal Constitutional Limitation

More information

Chapter 2 Law and Crime

Chapter 2 Law and Crime Chapter 2 Law and Crime LEARNING OBJECTIVES 1. List the four key elements defining law. 2. Identify the three key characteristics of common law. 3. Explain the importance of the adversary system. 4. Name

More information

Court of Appeals of Michigan. PEOPLE of the State of Michigan, Plaintiff Appellee, v. Kenya Ali HYATT, Defendant Appellant.

Court of Appeals of Michigan. PEOPLE of the State of Michigan, Plaintiff Appellee, v. Kenya Ali HYATT, Defendant Appellant. PEOPLE v. HYATT Court of Appeals of Michigan. PEOPLE of the State of Michigan, Plaintiff Appellee, v. Kenya Ali HYATT, Defendant Appellant. Docket No. 325741. Decided: July 21, 2016 Before: SHAPIRO, P.J.,

More information

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals Anderson, J. Took no part, Chutich, McKeig, JJ.

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals Anderson, J. Took no part, Chutich, McKeig, JJ. STATE OF MINNESOTA IN SUPREME COURT A15-1349 Court of Appeals Anderson, J. Took no part, Chutich, McKeig, JJ. State of Minnesota, ex rel. Demetris L. Duncan, Appellant, vs. Filed: November 16, 2016 Office

More information

DEATH PENALTY M. Ravi

DEATH PENALTY M. Ravi THE IRREFUTABLE CASE AGAINST DEATH PENALTY M. Ravi THE SINGAPORE STORY In Memory Ridzuan Ali 1985-2017 Executed by the State on Friday 19 May 2017 for trafficking 72.5g of heroin because the Attorney General

More information

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. VICTIMS RIGHTS Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. As a victim or designated family member of

More information

I ve Been Charged With an Offence: What Now?

I ve Been Charged With an Offence: What Now? I ve Been Charged With an Offence: What Now? Getting a Lawyer If the police have charged you with a criminal, drug or Youth Criminal Justice offence and you have been given a court date down the road:

More information

Sentencing Chronic Offenders

Sentencing Chronic Offenders 2 Sentencing Chronic Offenders SUMMARY Generally, the sanctions received by a convicted felon increase with the severity of the crime committed and the offender s criminal history. But because Minnesota

More information

Case Law Summary: Minnesota

Case Law Summary: Minnesota This summary of Minnesota appellate case law addresses four topics: the availability of and general standards for appellate review, standards and allowable grounds for departure, constitutional requirements

More information

State/statute Eligibility Compensation Deadline

State/statute Eligibility Compensation Deadline State/statute Eligibility Compensation Deadline Alabama Code of Ala. 29-2-150 et seq Convicted of a felony; Incarcerated as a result of the conviction; or jailed for two years on a felony charge before

More information

MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?

MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE? MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?.THE CANADIAN EXPERIENCE SO FAR American Judges Association, Annual Educational Conference October 7, 2014 Las Vegas, Nevada Judge Catherine

More information

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor Senate Bill No. 260 Passed the Senate September 10, 2013 Secretary of the Senate Passed the Assembly September 6, 2013 Chief Clerk of the Assembly This bill was received by the Governor this day of, 2013,

More information

The Right to Fair Trial in Lebanon

The Right to Fair Trial in Lebanon The Right to Fair Trial in Lebanon A Position Paper on Guarantees during Court Proceedings, Detention and Appeal The Right to Fair Trial in Lebanon: A Position Paper on Guarantees during Court Proceedings,

More information