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Topic: Sentence (law)


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In the News (Fri 16 Nov 18)

  
  sentence (law) | English | Dictionary & Translation by Babylon
In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function.
The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime.
Those imprisoned for multiple crimes, will serve either a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences) or a concurrent sentence (in which the period of imprisonment equals the length of the longest sentence).
www.babylon.com /definition/sentence_(law)   (163 words)

  
  Sentence (law) - Wikipedia, the free encyclopedia
Usually the sentence comes after a process in which the deciding organ is put in condition to correctly evaluate whether the analysed conduct complies or not with the legal systems, and eventually which aspects of the conduct might regard which laws.
Sentences are in many systems a source of law, as an authoritative interpretation of the law in front of concrete cases, thus quite as an extension of the ordinary formal documental system.
The sentence is generally issued by the judge in the name of (or on the behalf of) the superior authority of the State.
en.wikipedia.org /wiki/Sentence_(law)   (761 words)

  
 SENTENCE - Definition
(Law) In civil and admiralty law, the judgment of a court pronounced in a cause; in criminal and ecclesiastical courts, a judgment passed on a criminal by a court or judge; condemnation pronounced by a judgical tribunal; doom.
In common law, the term is exclusively used to denote the judgment in criminal cases.
A simple sentence consists of one subject and one finite verb; as, ``The Lord reigns.'' A compound sentence contains two or more subjects and finite verbs, as in this verse: He fills, he bounds, connects, and equals all.
www.hyperdictionary.com /dictionary/sentence   (387 words)

  
 Sentence Law and Legal Definition - USlegalforms.com
A sentence is the punishment given by a judge or jury to a person convicted of a crime.
A sentence is required to be within the guidelines set by state law for state crimes or federal law in convictions for a federal crime.
Misdemeanor sentences are usually no longer than one year in county jail, but for felonies the sentence can range from a year to the death penalty.
www.uslegalforms.com /legaldefinitions/s/sentence.php   (446 words)

  
 The New York Law Journal - New Drug Law Legislation and Sentencing
The new sentencing ranges have the effect of reducing the minimum and maximum prison terms for drug offenses committed by both first offenders and non-violent predicate felony offenders while increasing the minimum prison terms for violent predicate felony drug offenders.
Sentencing would be at the new A-I level, even in cases of A-I possession where the weight of the drugs was less than eight ounces.
Therefore, these changes should be taken into account when comparing sentences under the old law and new law in order to determine whether a particular sentence is equitable, or when negotiating guilty pleas or re-sentencing defendants who have violated their conditions of probation or community-based drug treatment programs.
www.law.com /jsp/nylj/PubArticleNY.jsp?id=1113987911137   (1828 words)

  
 Alaska Journal of Commerce: ACLU opposes marriage sentence; law students ignore fire alarm 05/06/02
The sentence sought by the girlfriend was to force the man to marry her.
Law library administrators and the local fire department are having a problem with students at Berkeley's Boalt Hall.
"Many law students take the approach that what they're working on is the single most important thing in the universe." Finally, the director pointed out that students have been known to refuse to leave during power outages and to hide when they know the library is being evacuated.
www.alaskajournal.com /stories/050602/law_out_of_court.shtml   (520 words)

  
 Transfer hearing under old determinate sentence law was timely [In re A.M.] (01-3-21)
Under the determinate sentencing law in effect when appellant was convicted, juveniles who have been adjudicated delinquent for one of six serious, violent offenses may receive a determinate sentence of up to forty years' confinement.
When a juvenile is sentenced under the determinate sentencing law, a release hearing occurs prior to the juvenile's eighteenth birthday.
A consideration of the length of the determinate sentence, the length of time the offender has served in the TYC, and the total amount of time the offender may serve if recommitted to the TYC is consistent with the statutory purpose of the determinate sentencing law.
www.tjpc.state.tx.us /publications/reviews/01/01-3-21.htm   (2578 words)

  
 The Indiana Law Blog: Indiana Decisions - Overview of Blakely in the 7th Circuit and in Indiana State Courts, Part II   (Site not responding. Last check: 2007-10-20)
With all the focus on the impact of Blakely on the federal sentencing guidelines, and on the federal district court and appeals court activites, it is easy to forget that Blakely v.
Arguably, although the format of the Indiana law differs from that of the Washington State law, the end result is the same -- at the sentencing stage each law allows a judge to modify the presumptive sentence by finding specified mitigating or aggravating circumstances.
The presumptive sentence is meant to be the starting point for the trial court’s consideration of the sentence that is appropriate for the crime committed.
www.indianalawblog.com /mt/archives/2004/07/000846.html   (1554 words)

  
 Pakistan's Blasphemy Law (death sentence): used for personal rivalry, hostility toward minorities   (Site not responding. Last check: 2007-10-20)
Anyone who questions the blasphemy law's power may be seen as challenging Islam -- and therefore suspect under the very law he or she questions.
In the 1970s and '80s, when I was a district officer in charge of law and order in two Pakistani provinces, a reform of the nation's legal and administrative system was long overdue.
The targets of this law have largely been minorities, such as members of the Ahmadi sect (who consider themselves Muslims) and Christians, though the latest anecdotal evidence suggests that the pendulum is now swinging toward Muslims.
www.wam.umd.edu /~stwright/rel/islam/pakistan-blasphemy-law.html   (1651 words)

  
 CATHOLIC ENCYCLOPEDIA: Sentence
A definitive sentence is absolutory, if it acquits the accused; condemnatory, if it declares him guilty; declaratory, if it assert that the accused committed a crime, the penalty of which is incurred ipso facto.
An interlocutory sentence is pronounced during the course of a trial to settle some incidental point arising.
It is of two kinds: merely interlocutory; or having the force of a definitive sentence, affecting the main cause at issue, e.g., a declaration that the court is incompetent.
www.newadvent.org /cathen/13720b.htm   (164 words)

  
 law.com Law Dictionary
A sentence is ordered by the judge, based on the verdict of the jury (or the judge's decision if there is no jury) within the possible punishments set by state law (or federal law in convictions for a federal crime).
Popularly, "sentence" refers to the jail or prison time ordered after conviction, as in "his sentence was 10 years in state prison." Technically, a sentence includes all fines, community service, restitution or other punishment, or terms of probation.
For misdemeanors (lesser crimes) the maximum sentence is usually one year in county jail, but for felonies (major crimes) the sentence can range from a year to the death penalty for murder in most states.
dictionary.law.com /default2.asp?selected=1917&bold=||||   (220 words)

  
 Deferred Sentence - Colorado Springs Criminal Defense Attorney
Deferred sentence is similar to "one bite out of the apple." When you take a second bite and find half a worm in the apple, you know where the other half is. Comply with the terms of your deferred sentence and file proof with the court.
In determining whether a deferred sentence is a "conviction," the key factor to be considered is the legislative intent behind the use of the word in the statute involved.
Conviction of a felony or misdemeanor could have sentencing consequences if the person were again charged with a crime of a similar nature, or other consequences if a criminal justice records search is later conducted with written consent for purpose of education, employment or security clearance.
www.gustafsonlaw.com /Crim-Sent-Deferred_Sentence.htm   (2736 words)

  
 Sentencing Law and Policy: Former Atlanta mayor sentence increased on acquitted conduct
The man on the street would be quite surprised to learn that our present guideline approach to sentencing permits a person to be charged with two offenses, convicted of one, acquitted of the other, and yet be sentenced as though he had been convicted of both.
What your comment about traditional discretionary sentencing completely misses was that it was developed with the express goal of crafting rehabilitation-oriented sentences (for the benefit of the defendant and society).
Allowing a judge to sentence for acquitted conduct undermines the integrety of the jury system in the tiny percentage of cases that even go to trial and is inherently biased in favor of the prosecution in a way that deeply chills the right to a jury trial at all.
sentencing.typepad.com /sentencing_law_and_policy/2006/06/former_altanta_.html   (1676 words)

  
 The New York Law Journal - Ruling Seen to Undermine Federal Sentence Scheme
In his majority opinion in Blakely, Justice Antonin Scalia launched a broad attack on sentencing guidelines, although he said in a footnote that federal sentencing guidelines were not before the Court and were, thus, not ruled on.
And if sentencing guidelines are abandoned, she warned, the system will end up with more judicial discretion and less uniformity in sentencing — the very problems that sentencing guidelines were meant to address.
Under a plea agreement and under state sentencing guidelines, he was subject to a sentence within the "standard range" of 49 to 53 months.
www.law.com /jsp/nylj/PubArticleNY.jsp?id=1087855526403   (1030 words)

  
 FEDERAL FINES AND SENTENCING LAWS
In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission.
Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.
The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the sentence is subject, and that is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.
www.fda.gov /opacom/laws/fedsent.htm   (3475 words)

  
 UIUC Law Blogs
Pursuant to that idea, a law or policy can be said to be expressively overdetermined when it bears meanings sufficiently rich in nature and large in number to enable diverse cultural groups to find simultaneously affirmation of their values within it.
He links to a report of a sentence of a "large-scale supplier of both powdered and crack cocaine to dealers in Stockton" who had "two prior convictions for drug trafficking." One of the other sentences listed was pardoned.
In criminal law, deontology is reflected in the notions that an action cannot be a crime unless it is the violation of a moral duty and in retributive theories of punishment.
www.law.uiuc.edu /blogs   (13567 words)

  
 Traffic Law
The sentence in a criminal case can result in an order to pay a fine, a sentence of probation, or time in a jail.
The sentence imposed in a criminal case is an obligation that a person has towards the "state" for violation of law; that is, it is a punishment for the act that was committed.
Thus the major difference is that in a criminal matter, a person who has violated a law can be ordered to forfeit his/her personal freedom since s/he has, in effect, caused a harm to the "state." The "payment" to the "state" is ordered as punishment for an act that the offender done.
www.blacklawoffices.com /criminal/traffic.htm   (1285 words)

  
 Court admonished juvenile under pre-1995 determinate sentence law in a post 1995 case; mistake made plea involuntary ...
[f]or a determinate sentencing case, the juvenile could face up to 40 years in the state penitentiary with the initial portion of the sentence being served at the Texas Youth Commission, and the remainder, if any, to be determined by a release hearing prior to the juvenile's 18th birthday.
However, under the newly amended applicable law regarding determinate sentencing, D.W.R. was not eligible for an early release hearing prior to his 18th birthday and was not eligible for early release regardless of good behavior.
See id. Because the trial court incorrectly advised D.W.R. that he would be eligible for early release pursuant to the terms of the plea agreement, it misled D.W.R. regarding the effect of his guilty plea, and therefore, failed to properly admonish him regarding the consequences of the proceedings against him, in violation of Section 54.03(b)(2).
www.tjpc.state.tx.us /publications/reviews/99/99-1-07.htm   (1886 words)

  
 NewsDaily: TopNews -- China changes death sentence law
Libya upholds medics' death sentences (July 11, 2007) -- The Supreme Court of Libya in Tripoli spent six minutes Wednesday to uphold the death sentences of five Bulgarian nurses and a Palestinian...
The official Xinhua news agency said the amendment to the existing law was approved by the country's legislature.
The new law will take away the power of provincial courts to have final say on death sentences.
www.newsdaily.com /TopNews/UPI-1-20061031-09483000-bc-china-deathpenalty.xml   (347 words)

  
 CNN.com - Court weighs teenager's sentence - Jan. 21, 2004
Prosecutors insisted the mandatory prison term was exactly what state law intended for Marcus Dixon, who was convicted of aggravated child molestation and statutory rape.
Defense attorney David Balser said Dixon's sentence "so deviates from society's view of sexual conduct that it shocks the conscience." Unless the court overturns the case, any teenager who has sex could potentially face prison time, he said.
Prosecutor John McClellan defended Georgia law, which classifies Dixon's crime as one of the state's "seven deadly sins" that come with a minimum decade-long sentence.
www.cnn.com /2004/LAW/01/21/athlete.appeal.ap/index.html   (371 words)

  
 Sentencing Law and Policy
The purpose of this study was to examine the opinions and experiences of sentencing judges in Pennsylvania with mandatory minimum sentencing statutes.
But by seeking to reduce crime in general by requiring the imposition of mandatory sentences on individuals, legislators pursue the interest of crime reduction with a policy that is ineffective in reducing crime and at the same time impedes the pursuit of justice.
Federal sentences require inmates to serve 85 percent of their sentence, and at least 29 other states meet the federally recognized 85 percent rule, according to a Bureau of Justice Statistics report....
sentencing.typepad.com   (7625 words)

  
 Law.com - Judge Rejects Executive's 85-Year Guideline Sentence as 'Travesty of Justice'
Prior to Adelson's sentencing, the government argued that his offense level was 55, beyond even the confines of the official Sentencing Guidelines Table, which lists levels from 1 to 43.
He noted that the government would not ask him to impose a non-guideline sentence, yet would not state in open court that a guideline sentence of 85 years was proper.
"On any fair reading of this and similar colloquies throughout the sentencing hearing, it is patent that the Government was asking the Court not to impose a guideline sentence or, indeed, a sentence of anything like 85 years," the judge wrote.
www.law.com /jsp/article.jsp?id=1154077535388&rss=newswire   (651 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.
Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.
(6)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.
caselaw.lp.findlaw.com /scripts/ts_search.pl?title=18&sec=924   (1071 words)

  
 Death penalty law specifically applies to killing police - News - MSNBC.com   (Site not responding. Last check: 2007-10-20)
Capital murder includes the killing of a judge or any law enforcement officer, if they are killed in the line of duty or in retaliation for their official actions.
The law requires two verdicts by a jury: one that finds guilt, and a second that imposes the penalty.
Perry pleaded guilty to first-degree murder in a plea bargain, avoiding the death penalty and instead was sentenced to life in prison.
www.msnbc.msn.com /id/15312658   (495 words)

  
 Changing Sentence   (Site not responding. Last check: 2007-10-20)
IN sentencing a defendant, it may be necessary for the judge to consider several aspects of that sentence: jail time, probation, surcharge, and restitution, among others.
Once the sentence has been imposed, either granting or denying the status of Youthful Offender, the trial court may not later change that, such as upon a violation of probation.
CPL 430.10, while stating the basic rule, qualifies it with "and such sentence is in accordance with law.
www.mcacp.org /issue17.htm   (750 words)

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