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In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, [1] normally at the conclusion of a trial. A sentence may consist of imprisonment , a fine , or other sanctions.
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.
Examples of these laws include back-to-back life sentences, three-strikes sentencing, and other habitual offender laws. In the United States, 18 U.S.C. § 3553 states that one of the purposes of criminal sentencing is to "protect the public from further crimes of the defendant". Quite simply, those incarcerated cannot commit further crimes ...
Generally speaking, each victim of a murder will merit a separate charge of murder against the offender, and as such, the killer could get a life sentence, a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present.
The Sentencing Reform Act allows a departure below the applicable statutory mandatory minimum in such cases. [15] There is no penalty for refusal to assist authorities. The Federal Rules of Criminal Procedure and U.S. Sentencing Guidelines require that the prosecution file a motion allowing the reduction. The court is not required to grant the ...
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
Criminal law is distinguishable from tort law or contract law, for example, in that society as a whole is theoretically damaged. Beyond the particular victims, society as a whole is responsible for the case and in the event of a conviction, carrying out a sentence. Social harm is that part of the crime to be avoided.
Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's ...