Judgment & Sentencing Flashcards
Judgment
Judgment is the adjudication by the court that defendant is guilty or not guilty
Post-Trial Release
A defendant sentenced for any noncapital offense for which bail is not prohibited may be released pending review of their case
- appeal must be in good faith and not frivolous
Sealing and Expunging Records
Defendant may petition the court to seal or expunge records as provided by statute
Presentence Investigative Report (PSI)
PSI = mandatory for a defendant who will be imprisoned for his first felony or for a juvenile who commits a felony.
- PSI is also mandatory for a defendant placed on probation who is then sentenced to prison if he later violates probation
Sentencing - Generally
Before sentencing, the judge must ask if there’s any reason defendant should not be sentenced, such as insanity or pardon
- Judge must also inquire about plea bargains (but she is not bound by them)
Sentencing - Capital Cases
Each side may introduce evidence of aggravation or mitigation and mau cross-examine witnesses and is permitted 1 argument
- State goes first
Sentencing Guidelines
- Criminal Punishment Code provides objective factors
- Judge may impose a sentence up to and including the statutory max for any offense
- Judge may depart from permissible sentence by providing written reasons or factors reasonably justify (facts supporting departure must be shown by a preponderance of the evidence)
Sentencing Worksheet
10 offense levels
ranked least severe to most severe
Multiple Sentences of Imprisonment
Unless sentencing judge rules otherwise, multiple sentences for crimes charged in one indictment run concurrently, and multiple sentences for crimes charged in separate indictments or informations run consecutively
Pregnancy & the Death Sentence
A pregnant defendant will not be sentenced to death until she is no longer pregnant
Intellectual Disability
A death sentence may not be imposed on a mentally disabled defendant.
Probation & Community Control
A court may suspend imposition of a sentence of imprisonment and place defendant on probation or community control
- if violated, ct can continue, modify, or revoke the suspension
- if revoked, defendant adjudicated guilty and can be sentenced to to any sentence that might originally have been imposed
Correction of Sentence
A party may move to have any error in sentencing corrected until the later of: (1) expiration of the time for taking an appeal, or (2) the party files a brief on direct appeal
- if no order filed within 60 days, the order is deemed denied
this rule does not apply in death penalty cases
Execution of Sentence
Defendant is committed to the sheriff’s custody upon sentencing to any penalty other than death or a fine
If insane:
1. governor must conduct a hearing to determine sanity before a ct may stay on execution based on insanity;
2. trial court then conducts a de novo hearing to determine sanity;
Defendant seeking habeas corpus relief stays in custody whole pending appellate review of his petition, unless petition is granted. If granted, defendant may be released on bail
Reduction of Sentence
A court may reduce a legal sentence sua sponte or on motion within 60 days after (1) imposition of the sentence; (2) receipt of appellate court mandate affirming the sentence; or (3) receipt of the final roder in any further appeal
- if review is on motion, trial court has 90 days from the date the motion is filed or such time as agreed by the parties or as extended by the trial court to enter an order ruling on the motion
