The ex post facto clause of the U.S. Constitution prohibits increasing a penalty after a person has committed a crime, and also prohibits making an act unlawful after a person has committed that act. (See also “One Book Rule.”) Also known as RICO (Racketeer Influence and Corrupt Organizations Act). An organized crime system that includes a set of illegal activities carried out as part of a larger criminal enterprise. These are common abbreviations associated with sentencing. An official appointed or elected to hear and decide on legal matters. Federal district and district judges and Supreme Court judges are appointed for life. 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 conviction that is no longer final because it has been overturned or quashed by a court. These are common abbreviations for what happened in court.
The outcome of a case is called a decision. This term is used to describe the current legal status of criminal policies and to distinguish the guidelines that follow the Supreme Court`s decision in United States v. Booker, who made the guidelines consultative, pre-booking policies, which are often referred to as “mandatory” or “presumed” policies. Usually a crime involving an illegal drug. However, in the specific context of the Guidelines, a “drug offense” is an offence under federal or state law punishable by imprisonment for more than one year and prohibits the manufacture, import, export, distribution or supply of a controlled substance or intentional possession. See USSG §4B1.2(b). The power of a judge to make an independent decision on a matter on the basis of his or her opinion, which is based on general principles of law and not on the basis of established legal provisions. Normally, an appellate court will not overturn discretionary decisions of a lower court unless the judge has clearly “abused” his or her discretion. If you read your criminal or juvenile record, you may see abbreviations. The following tables explain what they mean. A diversion order allows the defendant to avoid a criminal conviction if they successfully meet certain conditions of pre-trial supervision or probation.
Diversion orders are not considered in previous convictions unless the court has found guilty (§4A1.2(f)). A formal and written charge of a crime brought by a prosecutor in jurisdictions where grand juries are not appointed. The death penalty refers to the process of sentencing those sentenced to death for the most serious crimes (capital crimes) and the execution of that sentence. The specific offenses and circumstances that determine whether a crime is punishable by death are defined by law and prescribed by Congress or a state legislature. Effectively waiving a right, e.g. a right to a trial or the right to remain silent. Waivers may be made orally or in writing. Refers to the reduction of a maximum of 54 days per year that an accused can earn for good behavior in prison. The Bureau of Prisons issues the loan, which applies to sentences of more than 12 months.
Also known as “good conduct” credit. Amounts owed to a victim of a crime to repair damage caused by the accused. Redress may be ordered as part of a penalty and is mandatory in some cases. A deviation from the guidelines may be appropriate if a victim or victim has suffered much more serious psychological harm than that normally resulting from the commission of the offence (§ 5K2.3). A formal and written charge of a crime brought by a grand jury and submitted to a court of law for the prosecution of an individual. Keeping a person in a penal institution such as a prison or prison for the purpose of serving a sentence imposed by a court. A historical note at the end of each policy cites each time the policy has been changed. The text of each amendment can be found in Appendix C of the Guidance Manual. Fraud can affect critical infrastructure.
Critical infrastructure is a system and asset that is critical to national defence, national security, economic security, public health or security. Examples include oil and gas extraction, water supply systems, power supply systems, and emergency services such as firefighters and police. See §2B1.1(b)(19) and App. Note 15(A). Section 2B1.1(b)(19) expands the scope of a defendant`s sanctions for certain types of fraud involving critical infrastructure. A court order ordering an officer, such as a police officer or probation officer, to act in some way (for example, by arresting a person). A defendant who commits an offence while awaiting an arrest warrant alleging a breach of a probation, probation or supervised release condition receives criminal record points for “status” for a “criminal conviction” (§ 4A1.2 (m)). This section of the Guide contains a list of federal statutes, each of which refers to a Chapter Two policy (or several Chapter Two policies to choose from) that should be used to begin determining the scope of the policy.
A custodial sentence that includes supervised release with a condition of community detention or house arrest in lieu of part of the minimum policy (§ 5C1.1(c)(2), (d)(2)). Shared rates are sentencing options in zones B and C of the sanctions table. Intrusion into a secure computer system, often to cause damage or obtain financial gain. However, cracking is also used to protest government policies or make social statements. 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.