Questions tagged [sentencing]
85 questions
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Why is murder considered a more serious crime than attempted murder?
By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder.
If intent to kill has indeed been proven, does the latter crime reward incompetence with leniency? Shouldn’t the incarceration of such a…
Tom Bowers
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Why are people sentenced to prison for terms longer than life?
Albert Morake was sentenced to 1,535 years in prison.
How can a person be sentenced to more than 1 life imprisonment?
Micaela Dorothy
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Why are the penalties for causing an accident while drunk driving much harsher than for drunk driving?
When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing…
Bigbob23
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Under what statute can an English judge 'sentence' someone to read classic literature?
This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, Shakespeare and Hardy.
I assumed that, under English…
Dave Gremlin
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Could a judge sentence a criminal to nothing?
In the reboot of Night Court (which is obviously not realistic at all), a defendant is found guilty, but Judge Stone says, “I’ll let you off with a warning.” Does a judge really have the ability to do that?
I know that some crimes have mandatory…
SegNerd
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What happens if a judge disregards a mandatory minimal sentencing law?
What happens if a judge disregards the mandatory minimum sentence and sentences the convicted to time served or some other lesser amount of time? Would this judgement be binding? What would happen to challange it, and would the judge face…
Evan Carroll
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Why does so much time elapse between guilty verdict and sentencing?
Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024.
Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. Sentencing was initially scheduled for more than…
feetwet
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What is the minimum sentence for murder in Japan?
In the Yakuza series, several characters are sent to jail for murder, but it's only ever for 10-15-ish years. I was wondering if this was at all realistic, since I'm only aware of people going to jail for murder for 50+ years.
For the record, the…
chausies
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Are there any provisions for economic inequality in legal punishments?
Suppose we have two persons, person-A and person-B and let's say they both commit the same crime and go to jail. The law, to my understanding, applies uniformly/punishes uniformly disregarding their economic class, status etc. But is this really…
Clemens Bartholdy
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Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?
If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to obtain by fraud, directs the pharmacist to fill the…
Breakskater
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Are there any sentencing guidelines for the crimes Trump is accused of?
Does New York have sentencing guidelines? If so, what do they say about the felony falsification of business records, and the associated conspiracy, that Donald Trump has been charged with?
Paul Johnson
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What charges could be legally justified for climbing a public building?
A man scaled the Elizabeth Tower and hung a Palestine flag yesterday, resulting in much public disruption. Finally, around midnight, he allowed himself to be brought down and was arrested and brought to a hospital for treatment, and then a police…
user80346
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How might a defense attorney use the fact that the accused was coerced? Examples from the movie Se7en
SPOILER ALERT FOR THE WHOLE MOVIE. THIS GIVES AWAY THE ENDING.
In the film Se7en directed by David Fincher, a killer, J Doe, obsessed with the seven deadly sins carries out a grisly series of murders that coerce the victim or others to be unwilling…
Hemsy19
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If you are serving a life sentence, die, are legally declared dead, and are brought back to life, are you now free?
Apologies if this is too hypothetical and not allowed. I'm not trained in law, but am curious about the following question:
If you are sentenced to 1 life sentence, die, are legally declared dead, and you are brought back to life (not going to…
Kevin
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If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor introduce evidence at sentencing of charges that…
Paula Wheeler
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