Sentences with phrase «sentencing judge»

[41] Accordingly, I would allow the appeal, set aside the sentencing orders imposed by the learned sentencing judge and impose the sentencing orders referred to above.

Civil law countries never allow single judges to have the immense discretion of an American sentencing judge in a criminal felony case - decisions of that heft are always handled by panels of three and sometimes more judges.

Probably the most important contribution that can be made by sentencing judges during the first few years of guidelines sentencing is to write sentencing opinions in cases in which application of the guidelines presented significant problems.

That means for the data to be valuable, the database would have to include information on what kind of sentences a judge accepts from a plea bargain, as well as the sentences imposed after trial.

I generally believe (and often have argued) that a wide range of considerations can and should be brought to bear as a federal sentencing judge considers, under 18 U.S.C § 3553 (a), what sentence will be «sufficient, but not greater than necessary, to comply with the purposes set forth» by Congress.

A. Does s. 753 (1) preclude sentencing judges from considering future treatment prospects before designating an offender as dangerous?

Finally, after R v Gladue, [1999] 1 S.C.R. 688, 1999 CanLII 679 (SCC), Parliament amended section 718 (e) of the Code to require that sentencing judges take into account the particular circumstances of Aboriginal defendants in considering alternatives to incarceration.

In my view, as long as our appellate courts allow sentencing judges to disregard uncontroverted mitigating factors established by the legislature, NC has a system of «structureless» sentencing.

«[A] sentencing judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender,» he wrote.

Countering such a view is that jurors tend to be undergoing on the job training, with limited exposure to sentencing concepts, no sufficient vetting against racial or other unlawfully bias - based decisionmaking, and no access in the jury room to the Virginia advisory sentencing guidelines that the law requires sentencing judges to consider.

Mastery at sentencing success was in the news last week as military law dean Eugene Fidell and his criminal defense team pulled a rabbit out of the hat when Bowe Bergdahl's AWOL (absent without leave case) sentencing judge declined to give him even one day of incarceration, despite the prosecution's request for lengthy incarceration, and commander in chief Donald Trump's at an earlier point calling for Bergdahl's execution.

During sentencing the judge made note of this incident, pointing out that when the fetus became compromised Lemay failed to accompany the mother to Burnaby Hospital and told the mother not to mention Lemay's name to hospital staff.

They would push the guidelines back toward the mandatory pole without any of the reforms needed to get there under Blakely, and would do so at a time that, if you read Nelson and Spears, the Court has pointedly been telling sentence judges that the guidelines should be pushed further AWAY from the mandatory pole, not further towards it.

B. Does s. 753 (4.1) lead to a grossly disproportionate sentence, contrary to s. 12, by presumptively imposing indeterminate detention and preventing sentencing judges from imposing a fit sentence consistent with the principles and objectives of sentencing?

David G. Savage of The Los Angeles Times provides a news update headlined «High court gives sentencing judges more power; The justices» decision allows for greater ease in setting lower prison terms under strict federal cocaine laws.»

In the final moments before sentencing the Judge is addressing both Chris Huhne and Vicky Pryce - telling them what he thinks of them.

Tiffany Heitkamp's Law now means sentencing judges must take that history into account.

Berman is not sure how this will impact Sotomayor's decisions, but he notes that «the mere fact that she has a record as a federal sentencing judge sets her apart from every Justice to serve on the Court in my lifetime.»

Sentencing judges carefully weigh the aggravating and mitigating sentences to craft a sentence that appropriately balances all the principles of sentencing to come up with a just and fair sentence.

Gladue principles direct sentencing judges to «abandon the presumption that all offenders and all communities share the same values when it comes to sentencing and to recognize that, given these fundamentally different world views, different or alternative sanctions may more effectively achieve the objectives of sentencing in a particular community»: Ipeelee at para 74.

Due, however, to the difficulties in navigating these choppy legal waters, sentencing judges typically receive a high degree of deference as they have the closest view of the facts before them and the testimony of the accused, victims, and other relevant witnesses.

Writing in 1989 when still serving as the US Attorney for New Jersey for an FSR Forum asking «What Role Should Individual Sentencing Judges Play in the Guideline Development Process» (available here), Sam Alito made these interesting comments, which are still quite relevant for the post-Booker world:

Finally, Bergdahl's own sentencing judge communicated the possibility that military commander in chief Trump's interfering words about the case might result in a more lenient sentence.

Appellate Review A sentencing judge making a restitution order is «entitled to deference».

The client was not interested in a fight; she was only interested in taking responsibility, pleading guilty, and accepting whatever sentence the Judge saw fit to impose.

In 2009, after three resentencing hearings, four reviews by the U.S. Court of Appeals for the 8th Circuit, another appeal by the government and an appeal by Pepper, Pepper was ordered back to prison by a different sentencing judge for an additional 41 months.

The panel members seemed to think that under the unusual circumstances of my case, where the original sentencing judge has since retired, vacating and remanding for a full re-sentencing might be more appropriate but my sense was that they would prefer «reconsideration» in the typical case.

His 2nd Reading House of Commons speech (April 20, 2009), blamed such over-crowding on the practice of sentencing judges awarding 2 days off an imposed sentence for every one day served awaiting trial in such jail conditions.

The Court notes that lack of financial incentive may indeed reduce an offender's moral culpability — a factor relevant to the flexible use of discretion enjoyed by sentencing judges.

-- sentencing judge in lower court of R v Dulay

The ability of sentencing judges to respond to cases on their individual merits has been sharply curtailed or destroyed by sentencing guidelines and mandatory minimum sentences.

Lara t had no problem okaying the federal sentencing judge's consideration of Lara's admissions to Lara's prior sex offender counselor, finding that Lara waived any confidentiality (starting with such a waiver when signing for probation) in such admissions, and had no Fifth Amendment privilege against such disclosure, starting with his never having asserted the privilege.

And I, along with many others, wrote a letter to the sentencing judge pleading for mercy.

Imaginary religious arguments, like those used by the sentencing judge in Loving, should not be used to bar faithful couples, of whatever race or gender, from the same civil institution of marriage that the majority enjoy.

The minutes include the recommendations of the prosecutor and sentencing judge that had the death penalty been in effect in 1971, Bell would deserved it.

Even as she got a year in jail for political corruption, Shirley Huntley dropped a bombshell allegation yesterday about the state's top lawman — her lawyer told the sentencing judge that the disgraced ex-state senator has informed federal investigators about «corruption involving» Attorney General Eric Schneiderman.

«Judith Clark was given a 75 year sentence because the sentencing judge thought she would never be rehabilitated,» said her attorney Steven Zeidman.

«They ignored the sentencing judge, who clearly indicated that he wanted Bell in prison for as long as humanly possible,» Gallivan said.

He insisted he would only refer the case to the court of appeal if «he believes that it falls significantly below what any judge could reasonably have passed», and stressed his actions so far did not imply any criticism of the sentencing judge.

'» But the sentencing judge was not swayed.