The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Sentences imposed by tribal courts (i.e. Indian or Indian). These sentences are not counted in the criminal record, but can be considered as the basis for an upward deviation depending on the adequacy of the criminal record history (§4A1.3). Keeping a person in a penal institution such as a prison or prison for the purpose of serving a sentence imposed by a court. No competition.
A plea bargain has the same effect as an admission of guilt with respect to the criminal conviction, but cannot be considered an admission of guilt for other purposes. A conviction that is no longer final because it has been overturned or quashed by a court. A period of judicial supervision that often follows a federal prison sentence served by an offender. The main purpose of supervised release is not to punish the accused, but to facilitate his or her return to the community. The court determines the conditions of supervised release at the time of sentencing, but may change them later or, in the event of a violation, revoke the period of supervised release of an accused and return him to prison to serve an additional sentence. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. Assist the government in its investigation and/or prosecution of another person or entity. The government has the option of seeking a reduction of sentence if it finds that the defendant substantially supported the government. A federal statute, 18 U.S.C.
§ 3553(e), provides that a court may convict a defendant on the basis of a defendant`s substantial assistance below a mandatory minimum, and USSG § 5K1.1 provides that a court may convict below the minimum of the guideline range on the basis of a defendant`s substantial support, even if no minimum required by law applies. The law and directive require the government to file a request for a downward deviation before a court can leave. Consolidated in 18 U.S.C. § 3553 (f), this provision allows the court to convict a defendant without regard to an otherwise mandatory minimum custodial sentence applicable for certain types of drug trafficking offenses if the defendant meets the five criteria of the law. A corresponding provision is USSG §5C1.2. In addition, section 2D1.1(b)(17) provides for a 2-step reduction in the rate of offence for defendants who meet the safety valve criteria, whether or not they are subject to a mandatory minimum penalty. A variance provision in the Guidance Manual that provides the authority to impose a sentence above or below the benchmark if the court determines that the defendant`s criminal record category significantly underrepresents or overrepresents the seriousness of the defendant`s criminal record or the likelihood that the defendant will commit further crimes. See USSG §4A1.3. 2003—Subsection (a)(4) (A). L. 108–21, § 401(j)(5)(A), para. (A) generally.
Before the amendment, para. (A) reads as follows: “the applicable class of offenses committed by that class of defendants in accordance with the guidelines issued by the Sentencing Commission pursuant to 28 U.S.C. § 994 (a) (1) and in effect at the time the defendant is convicted; or”. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. A law that applies retroactively, particularly in a way that negatively affects a person`s rights, such as criminalizing an act that was lawful at the time it was committed. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. A conviction that was overturned by a court.
A conviction and corresponding sentence that have been overturned for an error of law are not counted in criminal history. Penalty consisting of periods of imprisonment interrupted by periods of freedom. See USSG §5F1.8, commentary. n.1). Interrupted placement may be imposed as a condition of probation or supervised release. See USSG §5F1.8. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. A custodial sentence imposed in the context of one conviction and not yet completed at the time of conviction of a defendant in another conviction. court probation officers. The duties of the probation officer include conducting in-person investigations, preparing in-person reports on convicted accused, and supervising released accused.
If a person is abducted, taken hostage or illegally tied up in order to facilitate the commission of a crime or to facilitate escape from the crime scene, an upward deviation may be justified (§5K2.4). If a person is convicted of a kidnapping offence, they may be convicted under the abduction policy of §2A4.1. Ed. 100-182, § 3(3), inserted after the first sentence “In determining whether a circumstance has been duly taken into account, the court shall consider only criminal directions, political statements and official comments of the Criminal Commission.” A sentence outside the scope of the applicable policy (high or low) for a reason that is inconsistent with the policies or policy statements. A variance reflects the judge`s consideration of the factors set forth in 18 U.S.C. § 3553(a). Imposition of successive sentences for several convictions. An option of punishment instead of imprisonment, although probation may include brief incarceration (e.g., weekends in jail), placement in a halfway house, or house arrest. A person on probation is supervised by a probation officer and must follow certain rules announced by the judge at the time of sentencing and listed on the sentencing form. The release of an inmate – granted by the U.S. Parole Board – after the inmate has served part of his sentence in a federal prison. If the probation officer is released into the community, he or she will be placed under the supervision of an American probation officer.
A custodial sentence that awaits a federal judge that a state court judge will impose after the imposition of the federal sentence. In Setser v. United States, 566 U.S. 231 (2012), the Supreme Court held that it is for a federal court to impose the federal sentence simultaneously or sequentially with the state sentence. However, section 5G1.3(c) of the USSG requires that if the prescribed custodial sentence is relevant to a conviction for criminal conduct, the sentence for the federal conviction be imposed at the same time as the prescribed custodial sentence. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute.
A credit sanction under section 4A1.2 with a freedom or surveillance component, but no active monitoring is required for the latter. In calculating the defendant`s criminal record under section 4A1.1(d), two points are awarded if the defendant committed part of the direct offence while facing a criminal conviction. A debt that cannot be eliminated in the event of bankruptcy. Examples include a home mortgage, child support or child support debt, certain taxes, debt for most government-funded or guaranteed student loans or benefit overpayments, debts for death or assault caused by driving under the influence of alcohol or drugs, and restitution debts or a penalty fine included in a judgment convicting the debtor of a crime. Certain debts, such as debts of money or property obtained under false pretenses, and debts for fraud or forgery in the exercise of fiduciary capacity, can only be declared inexcusable if a creditor files a non-discharge action in a timely manner and wins. A statutory increase in penalty (see 18 U.S.C. § 924(e) and USSG §4B1.4) for a defendant who is sentenced to 18 U.S.C. Section 922(g) (prohibited person in possession of a firearm) and has a previous conviction at least three times for a “violent crime” or a “serious drug offense” or both, committed on different occasions. An accused convicted of an armed professional crime faces a mandatory minimum prison sentence of 180 months. 18 U.S.C. § 3582(c)(1)A permits the Bureau of Prisons or an inmate to apply to the court for a reduction in imprisonment in certain circumstances. For example, the inmate may be older, dealing with a life-threatening illness, or experiencing extenuating family circumstances.
Applicants for compassionate release must have served a significant portion of their sentence and must not pose a danger to another person or the community.