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The report has an immediate purpose: to help the court determine an appropriate sentence as well as aide in officer sentencing recommendations. The report serves to collect objective, relevant, and factual information on a specific defendant. [7] Since the advent of the sentencing guidelines, the importance of the presentence reports has increased.
If the judge does not accept the submission, the case continues and the defence must present their case. Because a judge's refusal to uphold such a submission may potentially bias a jury 's decision, a submission of no case to answer is usually heard in the absence of the jury.
Therefore, the Crown and the defence will often make a joint submission with respect to sentencing. While a joint submission can entail both the Crown and defence recommending exactly the same disposition of a case, this is not common except in cases that are sufficiently minor that the Crown is willing to recommend a discharge. In more serious ...
On 7 February 2024, Justice Minister Paul Goldsmith announced that government funding for cultural reports would be stopped under the new National-led government. [10] The Government's decision was criticised by People Against Prisons Aotearoa spokesperson Emmy Rākete, Green Party Tamatha Paul, Defence Lawyer Association founder Elizabeth Hall and Labour Party Member of Parliament Ginny ...
Alex Murdaugh taken to the Kirkland Correctional Institution to determine where he will serve his sentence Alex Murdaugh trial — live: Defence explains why Buster didn’t plead for leniency in ...
Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution.
The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. [1] It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts.
The former star athlete who stabbed his ex-girlfriend and her mother in a frenzied parking lot attack in Florida last summer — before slashing his own throat — still had the scars of his ...