Defendant 's Position With Respect

Upon arrest the defendant struck police officer T. Chur. Officer Chur sustained a broken nose and bruises on his face. We would like to ask the court for the maximum sentence on the charge of assault on a police officer. Officer Chur could have sustained more injuries that could have put him out on disability and lessened his income to support his family. The prosecution hopes that the judge will take these recommendations into consideration when sentencing the defendant. The people feel that the crimes committed will best be sentenced at the maximum sentence of the death penalty because it appears that the defendant had no regard for the life of Ms. Opee and being that he is a repeat offender, this may not be his last murder. We do not want him out on the street where he is likely to hurt or kill someone else.

Defendant shell enters and successfully complete family therapy program, at his own expense as directed by the probation officer.

Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.

assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be

On 03/31/17, Mr. Plaches was charged with Violation of Probation and sentenced to 24 Years at supervision level 5 with credit for 64 days previously served balance of sentence is suspended for 1 year level 4 Home Confinement, followed by 7 years at supervision level 3 (CRA#VS100079404).

In addition, he enagaged in criminal activity dealing illegal drugs that poison communities and destroy families. It is the probation offices belief that the offender is unwilling to abide the social norms of society and that he poses a significant risk to public safety. Therefore the following recommendation of placing additional restraints while within the community on the offender appears warranted.

(iii) any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in correctional treatment;

Congress sought to reform the sentencing system by designing sentencing Guideline rules that were uniformly to control disparity. In order to reform the sentencing system, Congress created the Sentencing Commission in charge of designing a new sentencing system using multiple sources to evaluate the means to control the source of disparity (Bowman, 1996; Fifteen Years of Guidelines, 2004). Once the Guidelines were created and implemented, studies conducted by the Commission reports that it has increased drastically especially for drug offenses due to different adaptations to the Guidelines and the different types of offenses prosecuted in different regions (Fifteen Years of Guidelines, 2004). The variation in sentence lengths is analyzed based on the data evidence shows 73 percent of differences in federal sentence length causing unwarranted disparity (Fifteen Years of Guidelines, 2004). The cause of unwarranted disparity is influenced by policies promulgated by Congress that were supposedly designed to amend the effects of uneven charging and plea-bargaining decisions. With prosecutors in control of determining an offenders sentencing, they can impose several enhancement to depart from the Guidelines to provide leniency. However, such enhancement resulted in sentences disproportional to the appropriate serious of the offense that would be otherwise applied to the case (Fifteen Years of Guidelines, 2004). The Commission reports there is little empirical research in exploring why prosecutors use its discretion to apply enhanced penalties and depart from the Guidelines (Tonry, 1996; Fifteen Years of Guidelines,

This paper will attempt to explain the importance of proportionality with regards to criminal sentencing, increase understanding of the reasons our sentencing procedures continually fluctuate, identify three groups of individuals protected under the 8th Amendment from receiving a death sentence for a capital offense, attempts to explain the relationship between sentencing and the 6th Amendment, and will discuss the origin of the felony murder rule and its applicability.

On this day he should have completed his mandatory 25 hours of community service and paid a fine. He had not done that however. He was called on and he reported that he had only done 5 hours. He was trying to explain why he hadn’t done his hours but his english was broken and he wasn’t making any sense. His girlfriend then took it upon herself to stand up and explain for him. He had just gotten out of prison and needed to get a driver’s license to volunteer. Because his residence was in California, but he was volunteering in Nevada where his girlfriend and new baby were; he needed a license in both states. That was what led to the late start, he had only had both licenses for a week. In that week he did 5 hour of volunteering. Although Judge Sullivan had notes saying it was his last chance, she had a different judge step in for her that day. The girlfriend was arguing that the previous judge had not warned it was his last chance, just that he needed some hours. Judge Sullivan erred on the side of caution since it wasn’t her personal notes and gave the defendant three more months to work off his fines through volunteering along with his mandated

“Many factors go into a sentence and I need to consider them all,” Judge McNamara said. “I need to value the victim impact statement, the need to protect others, the defendant’s character, and other factors.”

Sentencing guidelines are a mechanism used to apply determinate sentencing. They are a set of standards that are put in place to establish rational and consistent sentencing methods. These are set for cases that were tried because of racial disparities and biases in the courts. They are set in particular jurisdictions. These guidelines were put in place to limit the discretion of the judicial system and limit the disparities that are present in the courts as well as to promote more rational and informed sentencing policies. In addition, these guidelines are a system of recommended sentences that are based upon offender and offence characteristics. Offense characteristics are rules that set the standards for the seriousness of the offense in most sentence guidelines. This classification is typically based on how the crime is seen by legislatures. It is not determined on how the offender committed a certain crime. For example, theft that occurred on an unoccupied building would be categorized as less serious than assault with a weapon. The characteristics of an offender are things that are unique to the individual. These could be things such as the number and type of past offenses whether they are felonies, misdemeanors, or juvenile delinquencies. In other instances, they can be whether an offender was under a custody status at the time of the offense (Frase & Mitchell, 2016). The characteristics of both of these entities are then placed on a

The purpose of this paper is to solidify the truths and purposes of the Presentence Investigation Report. The presence of the report itself is the solid proof of an individual that is utilized by the courts to justify sentencing. The report is a accumulation of information in a summary of the person being charged with a felony crime, breaking probation, and potential incarceration.

Worker is recommending supervision for Dalton for a period of one year. Worker believes that Dalton may benefit from stability and accountability while on supervision. Worker is requesting that Dalton be ordered to immediately participate in the ankle monitoring program for at least 60 days during the period of supervision and some of the days be stayed so that the worker could use at her discretion. Worker has not met Dalton yet but with the new law enforcement referrals and reports from his parents and grandmother, Dalton is in need of delinquency

The fourth sentence offering makes it possible to be released on license after having served two-thirds of the sentence and a minimum of 74 days. One will need to report to the probation office at regular times, refrain from the use of alcohol and comply with to any other specific conditions that have been imposed. Lastly, the prisoner himself will have to apply for the various forms of serving a sentence. The correctional services can then grant or deny the application based on specified arguments. (Kriminalomsorgen, n.d.)