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What else can I help you with?
What are the traditional sentencing options?
The process that takes place between the prosecution, the defendant and the court for the purpose of negotiating an agreed sentence in a given case and circumvents the trial process.
What are the four traditional sentencing options?
The process that takes place between the prosecution, the defendant and the court for the purpose of negotiating an agreed sentence in a given case and circumvents the trial process.
Explain the purpose of sentencing and punishment identify form of punishment identify some factors of sentencing and identify who sets the sentencing?
The intended purpose of the exercise is to have the student do the assignment, not search out other people's answers.
At sentencing hearing can a jury reverse a guilty verdict?
What can be done at a rehearing depends on the purpose of the rehearing. I assume you are referring to a rehearing preceding sentencing. The judge does not overturn a guilty plea at a rehearing. The defendant requests to withdraw the guilty plea and the judge either allows it or does not allow it. Or the defendant can request to change his plea to Not Guilty at a rehearing.
Describe the sentencing philosophy and name the central purpose of criminal punishment?
Sentence should fit the crime committed and be proportionate to the to the seriousness o0f the criminal offenc3e.. S.142 Criminal Justice Act 2003. The main aims of punishment is to prevent the commission of future crimes.
What is the purpose of the offender search?
The purpose of the offender search is mainly to find someone criminal fast. It contains often surveys to people in the near of the placer where a crime has been done. The offender search is a measure to include many people to get fast and precise results.
What's the primary purpose of probation has always been?
The purpose of probation from a criminal punishment standpoint is that it allows the state to "keep an eye" on a defendant for a period of time. The person is allowed to remain free, but often must perform a series of tasks and must avoid further arrest.Added: From the defendant's standpoint, they are being allowed to remain free as a "bonus" (a 'gift' if you will) to see if they have learned from their mistake and can be rehabilitated while in society.Unfortunately there seems to be a common misconception that a sentence of probation means that you "got away with it" or that you are getting a "free bite at the apple." This is NOT true.Even though "free," you have been found GUILTY and this record will be included on your criminal history. If you fail to follow the provisions of your probation you COULD be sent directly to jail/prison by the sentencing judge if they rule that your actions while on probation are not in compliance with the provisions of the court ordered sentence.
Is The purpose of a preliminary hearing is to determine the guilt of a defendant?
No.
What is the purpose of bail?
To ensure the Defendant's appearance in court, period!
Describe the fundamental philosophies surrounding the purpose of sentencing?
There are five fundamental philosophies surrounding the purpose of sentencing. They are rehabilitation, proportionality, revenge, scaring the person from committing crime and elimination of recidivism.
Is there a secret type of Federal Warrant used for the purpose of monitoring a suspect in an ongoing investigation?
Generally, such a warrant is a secret one, because the defendant will never be notified, until after the fact, that one was signed and issued.
What is the first offender act?
THE "FIRST OFFENDER" ACT : example used is in Georgia.Georgia law provides for a special type of sentence under the First Offender Act. The First Offender Act is particularly beneficial to most defendants because it permits a person to honestly state that they have not been convicted of a felony if they successfully complete the terms of the terms of their sentence. This special type of sentence is left to the discretion of the Court and is, by no means, a certainty in any case. Sentencing under the First Offender Act is only available 1 time.O.C.G.A. § 42-8-60 states:(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:(1) Defer further proceeding and place the defendant on probation as provided by law; or(2) Sentence the defendant to a term of confinement as provided by law.Pursuant to O.C.G.A. § 42-8-62, "[u]pon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. Except for the registration requirements under the state sexual offender registry and except as otherwise provided in Code Section 42-8- 63.1, the discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties; and the defendant shall not be considered to have a criminal conviction."When a defendant has successfully completed the terms of his/her First Offender Sentence, "a discharge…is not a conviction of a crime under the laws of this state and may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector." However, O.C.G.A. § 42-8-63.1 provides that "[a] discharge under this article may be used to disqualify a person for employment if: (1) The offender was discharged under this article on or after July 1, 2004; and either(2) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;(3) The employment is with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or(4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4- 2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering.(b) Any discharge under this article may be used to disqualify a person from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also may disqualify a person from employment in a certified position with a law enforcement unit where the discharge under this article pertained to a felony offense or a crime involving moral turpitude.Many defendants mistakenly believe that if they are eligible for First Offender sentencing they will not be sentenced to jail time. A defendant may be sentenced to jail time under the First Offender Act.For all of its advantages, the First Offender Act is a "double-edged" sword. Under O.C.G.A. § 42-8-60, "[u]pon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law." Upon a revocation of a defendant previously sentenced under the First Offender Act, the Court which sentenced the defendant may resentence him/her to the maximum sentence penalty allowable under the law.First Offender Sentencing is not available to defendants in the following classes of cases: (1) A serious violent felony as such term is defined in Code Section 17-10- 6.1; (2) A sexual offense as such term is defined in Code Section 17-10-6.2; (3) Sexual exploitation of a minor as defined in Code Section 16-12-100; (4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or(5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2.
