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The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The execution chamber in Florida State Prison. Capital punishment is a legal penalty in the U.S. state of Florida. Since 1976, the state has executed 106 convicted murderers, all at Florida State Prison. [1] As of October 12, 2024, 280 offenders are awaiting execution. [2]
In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04. [4] However, there is no specific guideline when it comes to scoring points for sentencing under the felony murder rule. The predicate felonies that will support a charge of first degree murder under the statute are: [5] [6] Drug ...
Florida passed HB 1371, the Prisoner Release Reoffender Act, in May 1997. [2] This so-called "two-strikes" law dictates that individuals convicted of certain categories of crime who reoffend within three years is subject to life in prison without parole, even if this is only a second offense, gaining the distinction of, "one of the strictest sentencing laws in the US."
This resulted in the guidelines becoming advisory rather than mandatory. [21] In 2010, the case of Graham v. Florida ruled it is unconstitutional to sentence people under 18 to mandatory life-imprisonment without parole for non-homicide offenses. [22] Mandatory sentencing in the US is more likely to affect minority groups.
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The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
[17] The "Drugs Minus Two Amendment" changed the U.S. Federal Sentencing Guidelines to "reduce the applicable sentencing guideline range for most federal drug trafficking offenses." [ 17 ] The Commission voted to make the Amendment retroactive on July 18, 2014, "thereby allowing eligible offenders serving a previously imposed term of ...