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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.
Other preconditions of a custodial sentence are that a pre-sentence report has been obtained (in most cases), and the defendant is legally represented or has been offered the opportunity to be represented and has refused. For offenders aged between 18 and 20 years, the sentence is served in a Young Offenders Institution (YOI).
Between 20 years and life imprisonment (parole eligibility for life sentence if crime committed before January 1, 1995: 15 years or 20 years if sentenced to more than 1 life sentence, 25 years if the victim was under the age of 8) (Prisoners are eligible for geriatric parole when they turn 60)
[13] [14] When a guideline sentencing range is less than the statutory mandatory minimum, the latter prevails. Under the Controlled Substances Act, prosecutors have great power to influence a defendant's sentence and thereby create incentives for defendants to accept a plea agreement. For example, defendants with prior drug felonies are often ...
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If the total sentence is less than two years, the defendant will serve their sentence in a provincial jail. [33] A sentencing judge also has the power to delay the time before a defendant is allowed to apply for parole. The maximum parole ineligibility period is half of the sentence or ten years, whichever comes first, unless the defendant is ...
"A journey of a thousand miles begins with a single step" is a common saying that originated from a Chinese proverb. The quotation is from Chapter 64 of the Tao Te Ching ascribed to Laozi , [ 1 ] although it is also erroneously ascribed to his contemporary Confucius . [ 2 ]
Under Washington law, second-degree kidnapping was a class B felony, punishable by a maximum sentence of 10 years in prison. However, under Washington's mandatory sentencing guidelines, the judge was required to sentence Blakely to no less than 49 and no more than 53 months in prison, unless he had "substantial and compelling" reasons to impose ...