Sentences with phrase «judgments at sentencing»

Furthermore, it seems that Congress, through the text of 3553 (a), has told federal judges to make individualized policy judgments at sentencing.

And, interestingly, we never hear complaints or concerns about unelected federal prosecutors making policy judgments at sentencing (even though prosecutorial policy judgments are not made in open court nor subject to any kind of review).

As we reflect on these realities, it is valuable to appreciate that executive branch officials make policy judgments at sentencing all the time.

After Booker, the impact of policy judgments at sentencing is evident in many ways.

The narrowest reading of Blakely suggests that judges may make all sorts of findings and judgments at sentencing except juries must make findings of historical fact relating to offense conduct when those factual findings formally increase the upper limit of legally available sentences.

Not exact matches

It consistently described how, at the end of time, men would appear before the Judgment Seat of God to give an account of their lives, to hear the sentence of judgment passed, and to receive the due reward or punishment.

At the time of his plea, the defendant agreed to pay back $ 100,000 prior to sentencing and signed a confession of judgment to repay the remaining amount.

Also, «for those defendants previously convicted and who have failed to satisfy the financial obligations imposed at sentencing, we will consider federal civil forfeiture actions against their pensions to satisfy criminal judgments,» the prosecutor said.

At least, he doesn't make any judgments or condemnations (Hanssen's real - life sentence is severe enough).

The risk is that diversity of opinion, so vital to the healthy development of the law, may be relegated to the occasional murmur, particularly so if the very same judges who sit on a majority of sentence appeals insist on inflexible adherence to horizontal stare decisis and maintain that their judgments, being «first at bat», must be followed by their colleagues.

Local 10 reports that prosecutors are seeking a relatively lenient sentence of just 15 months in prison because they believe «Page had a lapse of judgment and the bank was at fault for allowing this to happen.»

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) allows for an additional amount to be paid to a claimant by a defendant in cases where the defendant has refused the claimant's offer to settle and the court has given judgment for the claimant which is at least as advantageous to the claimant as the claimant's offer.

In discussion of post-Booker federal sentencing at the Yale Law School class I recently had the pleasure of attending, I was surprised to often hear the refrain that judges «should not make policy judgments» at sentencing.

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In sum, I questions the assertion that federal judges «should not make policy judgments» at sentencing because: (1) such judgments seem inevitable and are clearly made by prosecutors in every criminal case, and (2) a fair reading of the text of 3553 (a) suggests that Congress has ordered federal judges to make individualized policy judgments in each and every sentencing.

But beyond this legal realist premise, it dawns on me that all judicial sentencing decisions plainly are, at some level, policy judgments informed by views on just punishment, crime control, procedural fairness, and other express and implicit considerations.

The case is not closed at the entry of the judgment and sentence or order revoking probation.

One reason the results drop so fast as you narrow your search is that appellate judgments don't tend to list every relevant sentencing factor the way the trial courts do, but instead focus on those at issue on the appeal.

The forfeited $ 48 million will count toward the more than $ 180 million in monetary judgments Ross was ordered to pay at sentencing.