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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 government then has a right to have the court order a psychiatric or psychological examination. If the defendant does not submit to the examination, the court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition.
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 ...
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.
While Pearson’s defense team sought 12 years in prison followed by 15 years of supervision and mental health counseling, Judge R. Lee Smith decided on a tougher punishment. ... [sentencing ...
During a long sentence, an offender can take full advantage of the programs that the prison has, including rehab for substance use disorders, anger management, mental health, and so on, so when the offender completes the rehab or program he may be released upon request from authorities with a lower risk of recidivism. This process tries to ...
At first glance, mental health goals can seem intangible and subjective, but there are scientifically-proven ways to set achievable, measurable, and personalized mental wellness goals that will ...
However, you may learn valuable information from other inmates who witnessed the incident, as well as from family members. You can find out whether an inmate was on prescription medication or had medical or mental health issues, and whether family members reached out to the jail to pass along this information. 3. General follow-up reporting