- Sentencing Law and Policy
... Cir. Feb. 9, 2005) (advisory guideline range is “only one of many factors that a sentencing judge must consider in determining an appropriate individualized sentence”). These factors include the nature and circumstances of the offense, the history and characteristics of the defendant, the need for t ...
... Cir. Feb. 9, 2005) (advisory guideline range is “only one of many factors that a sentencing judge must consider in determining an appropriate individualized sentence”). These factors include the nature and circumstances of the offense, the history and characteristics of the defendant, the need for t ...
Monroe Circuit Court Alcohol and Drug Program Policy
... “Certification areas” means the areas of compliance with the statutes and rules that are evaluated during a certification review. They include administration, program management, clinical standards, facilities, fiscal management, and personnel management. "Certified organization" means an applicant ...
... “Certification areas” means the areas of compliance with the statutes and rules that are evaluated during a certification review. They include administration, program management, clinical standards, facilities, fiscal management, and personnel management. "Certified organization" means an applicant ...
Community sentences since 2000: How they work – and why they
... than those dealt with by alternatives such as fines or supervision. It is despite regular reports that UK prisons are over-crowded and conditions poor, with incidents of mental illness, self-harm and suicide at alarmingly high levels and staff struggling to maintain safety. In policy terms, government ...
... than those dealt with by alternatives such as fines or supervision. It is despite regular reports that UK prisons are over-crowded and conditions poor, with incidents of mental illness, self-harm and suicide at alarmingly high levels and staff struggling to maintain safety. In policy terms, government ...
Ambiguities in European legal instruments on non
... capable of rational choice, then there was no need to offer him any assistance or impose any restrictions during the period of suspension, other than the actual sentence if he committed a further offence (and was caught). In fact the distrust of discretion worked in the opposite direction. It was co ...
... capable of rational choice, then there was no need to offer him any assistance or impose any restrictions during the period of suspension, other than the actual sentence if he committed a further offence (and was caught). In fact the distrust of discretion worked in the opposite direction. It was co ...
Presentence Custody Credits - Central California Appellate Program
... client has received more credit than he or she should have). The Courts of Appeal routinely check presentence custody credits when cases are reviewed and you do not want the court to find a mistake that you did not find, especially one that is an adverse consequence for your client and results in a ...
... client has received more credit than he or she should have). The Courts of Appeal routinely check presentence custody credits when cases are reviewed and you do not want the court to find a mistake that you did not find, especially one that is an adverse consequence for your client and results in a ...
truth in sentencing: accepting responsibility under the united states
... SENTENCING SYSTEM: AGENDA FOR LEGISLATIVE REFORM (1977); PANEL ON SENTENCING RESEARCH, NATIONAL RESEARCH COUNCIL, 1 RESEARCH ON SENTENCING: THE SEARCH FOR REFORM ...
... SENTENCING SYSTEM: AGENDA FOR LEGISLATIVE REFORM (1977); PANEL ON SENTENCING RESEARCH, NATIONAL RESEARCH COUNCIL, 1 RESEARCH ON SENTENCING: THE SEARCH FOR REFORM ...
SL 2011-192 - North Carolina General Assembly
... delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (6) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleg ...
... delegation of authority authorized by this section. Prior to imposing confinement pursuant to subdivision (6) of this subsection, the probationer must first be presented with a violation report, with the alleged violations noted and advised of the right (i) to a hearing before the court on the alleg ...
SL 1977-711 - North Carolina General Assembly
... presiding judge may maintain courtroom order through the use of his contempt powers as provided in Chapter 5A, Contempt, and through the use of other inherent powers of the court. (Articles 60 and 61 are as previously codified.) "ARTICLE 62. "Mistrial. "§ 15A-1061. Mistrial for prejudice to defendan ...
... presiding judge may maintain courtroom order through the use of his contempt powers as provided in Chapter 5A, Contempt, and through the use of other inherent powers of the court. (Articles 60 and 61 are as previously codified.) "ARTICLE 62. "Mistrial. "§ 15A-1061. Mistrial for prejudice to defendan ...
Sentencing.Memo - James A. Shapiro Law Office
... directive in imposing sentence. Section 3553(a) states that a sentencing court “shall impose a sentence that is sufficient, but not greater than necessary, to comply with the purposes” of sentencing. Congress’s use of the word “shall” demonstrates that judges are required to impose the minimally su ...
... directive in imposing sentence. Section 3553(a) states that a sentencing court “shall impose a sentence that is sufficient, but not greater than necessary, to comply with the purposes” of sentencing. Congress’s use of the word “shall” demonstrates that judges are required to impose the minimally su ...
October 14, 2015 - Alaska Judicial Council
... granted discretionary parole, that term of parole will be served concurrent with the period of probation. o In practice, this means that the offender is supervised by the same field agent, but violations (PTRPs) can be reported to both the court and the Parole board. o The court and the Parole board ...
... granted discretionary parole, that term of parole will be served concurrent with the period of probation. o In practice, this means that the offender is supervised by the same field agent, but violations (PTRPs) can be reported to both the court and the Parole board. o The court and the Parole board ...
1 The Adult Felony Justice Journey
... to deal with technical violations (a reprimand followed by more aggressive interventions if misbehavior continues). A continuing pattern of technical violations or a single major violation can lead to revocation. Increasingly the response to violations is assisted by computerized, evidencebased tool ...
... to deal with technical violations (a reprimand followed by more aggressive interventions if misbehavior continues). A continuing pattern of technical violations or a single major violation can lead to revocation. Increasingly the response to violations is assisted by computerized, evidencebased tool ...
Introduction to Sentencing and Corrections
... (Quebec, Ontario, and British Columbia have their own Next parole boards for offenders in their custody). ...
... (Quebec, Ontario, and British Columbia have their own Next parole boards for offenders in their custody). ...
FIREARMS OFFENSES — SENTENCE ENHANCEMENTS BASED
... conspiracies thereof; or any other offense punishable by at least 10 years containing an element of force or that by its nature involves substantial risk of use of physical force. Robbery does not count if defendant can show that no dangerous weapon was used or threatened. “Serious drug offense” mea ...
... conspiracies thereof; or any other offense punishable by at least 10 years containing an element of force or that by its nature involves substantial risk of use of physical force. Robbery does not count if defendant can show that no dangerous weapon was used or threatened. “Serious drug offense” mea ...
Ministry of Justice - Corrections Branch
... Adult clients, which include those accused of and sentenced to criminal or other statute offences, report to Probation Officer(s) at these offices for a combination of interviews, assessment, supervision, assistance and programs. PURPOSE OF JOB: To assess, manage and supervise adult clients subject ...
... Adult clients, which include those accused of and sentenced to criminal or other statute offences, report to Probation Officer(s) at these offices for a combination of interviews, assessment, supervision, assistance and programs. PURPOSE OF JOB: To assess, manage and supervise adult clients subject ...
sentencing position of the United States
... With respect to the loans, Mr. McDonnell argued that the value of the loans was no more than $939.92 based on a comparison to an Internal Revenue Service interest rate. Id. at 6–7. In the alternative, Mr. McDonnell argued that a comparison to a hypothetical private loan rate would provide a total va ...
... With respect to the loans, Mr. McDonnell argued that the value of the loans was no more than $939.92 based on a comparison to an Internal Revenue Service interest rate. Id. at 6–7. In the alternative, Mr. McDonnell argued that a comparison to a hypothetical private loan rate would provide a total va ...
III
... quoted by Fried, at 7. As we show in our Appendix hereto, however, this assumption is erroneous. There is a way, currently employed by many states, to use probation effectively without linking it to the threat of revocation and incarceration. Under these approaches, if probation is unsuccessful, the ...
... quoted by Fried, at 7. As we show in our Appendix hereto, however, this assumption is erroneous. There is a way, currently employed by many states, to use probation effectively without linking it to the threat of revocation and incarceration. Under these approaches, if probation is unsuccessful, the ...
Community Corrections
... There are two types of probation conditions: • Standard (general) conditions apply to all persons on probation • Special conditions are imposed at the discretion of the judge and probation officials and are designed to address the offender’s particular situation. ...
... There are two types of probation conditions: • Standard (general) conditions apply to all persons on probation • Special conditions are imposed at the discretion of the judge and probation officials and are designed to address the offender’s particular situation. ...
Marijuana Laws - East Penn School District
... conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,00 ...
... conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,00 ...
Concept of Community Service As An Alternative Sentence Under
... reproduced and same is as under: 4. Conditional discharges, etc (1) Where a Court by which a person, not proved to have been previously convicted, is convicted of an offence punishable with imprisonment for not more than two years is of opinion, having regard to: (a) the age, character, antecedents ...
... reproduced and same is as under: 4. Conditional discharges, etc (1) Where a Court by which a person, not proved to have been previously convicted, is convicted of an offence punishable with imprisonment for not more than two years is of opinion, having regard to: (a) the age, character, antecedents ...
The New Federal Drug Charging Policy: Breaking it Down. On
... charging policies for federal prosecutors to follow in cases involving mandatory minimum sentences for drug offenses. The new policies are designed to reduce the number of people charged with crimes that carry mandatory minimum sentences and to lower sentences for repeat offenders. Here we explain w ...
... charging policies for federal prosecutors to follow in cases involving mandatory minimum sentences for drug offenses. The new policies are designed to reduce the number of people charged with crimes that carry mandatory minimum sentences and to lower sentences for repeat offenders. Here we explain w ...
Title 64
... imprisonment made at any time, and may be modified if the court deems justice so requires, until the fine is paid in full or the imprisonment served which has been ordered in default of payment; PROVIDED that the accused shall be given an opportunity to be heard before any direction or order is give ...
... imprisonment made at any time, and may be modified if the court deems justice so requires, until the fine is paid in full or the imprisonment served which has been ordered in default of payment; PROVIDED that the accused shall be given an opportunity to be heard before any direction or order is give ...
Presentation by Jana Spero Working with offenders having ptsd
... approach program for each sufferer with health risk and treatment, which is approved and signed by the person • The primary goal of our program is alleviation of the symptoms of the disease and improvement of psychosocial functionality of the sufferer who come with already defined medical diagnosis ...
... approach program for each sufferer with health risk and treatment, which is approved and signed by the person • The primary goal of our program is alleviation of the symptoms of the disease and improvement of psychosocial functionality of the sufferer who come with already defined medical diagnosis ...
N:\JPorter\AUSA Cook\Robert D. Campbell\Campbell rsp to mtn for
... Defendant Campbell correctly notes that the Supreme Court has granted certiorari on the question of whether 18 U.S.C. § 924(c) requires a consecutive sentence when a greater minimum sentence is otherwise called for. However, the United States submits that this argument has been rejected by the Sixth ...
... Defendant Campbell correctly notes that the Supreme Court has granted certiorari on the question of whether 18 U.S.C. § 924(c) requires a consecutive sentence when a greater minimum sentence is otherwise called for. However, the United States submits that this argument has been rejected by the Sixth ...
United States federal probation and supervised release
United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the latter is imposed in addition to imprisonment. Probation and supervised release are both administered by the U.S. Probation and Pretrial Services System. Federal probation has existed since 1909, while supervised release has only existed since 1987, when it replaced federal parole as a means for imposing supervision on releasees from prison.Some conditions of probation and supervised release, such as compliance with drug tests, are made mandatory by statute, while others are optional. Some terms are recommended by the United States Sentencing Guidelines for specific situations; for instance, a requirement of participation in a mental health program is recommended when ""the court has reason to believe that the defendant is in need of psychological or psychiatric treatment."" The judge has broad discretion in deciding what optional conditions to impose, as long as those conditions are reasonably related to the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and involve no greater deprivation of liberty than is reasonably necessary for these purposes and are consistent with any pertinent policy statements issued by the United States Sentencing Commission. The possible length of supervision is specified by law, with recommendations for particular situations being provided by the sentencing guidelines. The length and conditions of supervision can be modified by the court after sentencing, although the defendant has a right to a hearing if changes are being proposed that would adversely affect him.Violations of conditions of probation or supervised release can result in said revocations being reported to the court and a revocation hearing being held. In such hearings, the defendant has the right to be informed of the alleged violation, to retain counsel or to request that counsel be appointed, and to have a probable cause hearing. The defendant has the burden of establishing that if released pending further proceedings, he will not flee or pose a danger to any other person or the community. The law mandates revocation for some violations, such as possession of a controlled substance, possession of a firearm, or refusal to take a drug test. The statute specifies the possible consequences of revocation, and the sentencing guidelines establish grades of violations and a revocation table recommending various terms of imprisonment depending on the seriousness of the violation and the defendant's criminal history when he was originally sentenced.