PL 70 Abbreviated Volume 1 Flashcards
70.00 Sentence of imprisonment for felony
Generally, (except for controlled substance offenses and marihuana offenses) a sentence of imprisonment for a felony shall be an_____________ (with a maximum and minimum term specified).
indeterminate sentence
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
A felony
3…… Life imprisonment
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
B felony
25 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
C felony
15 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
D felony
7 years
70.00 Sentence of imprisonment for felony
SENTENCES OF IMPRISONMENT FOR FELONIES
The maximum term of an indeterminate sentence shall be at least ______ years and the term shall be fixed as follows:
E felony
4 years
70.00 Sentence of imprisonment for felony
A defendant MAY be sentenced to life imprisonment without parole upon conviction for the crime of _____________ . (If 17 at time of commission, must be sentenced to an ____________ with maximum of life imprisonment).
murder in the first degree………. indeterminate sentence
70.00 Sentence of imprisonment for felony
A defendant (at least 18 at commission of crime) MUST be sentenced to _______________ without parole upon conviction for the crime of:
- ___________ Related Offenses:
- terrorism (PL 490.25) where offense committed is a class A-l felony
- criminal possession of a chemical or biological weapon first degree (PL 490.45)
-
- criminal use of a chemical or biological weapon first degree (PL 490.55)
Also,
- 4. murder ____________ (PL 125.25, sub 5)
- 5. ____________ murder (PL 125.26)
life imprisonment ………… Terrorism………. second degree….. aggravated
70.00 Sentence of imprisonment for felony
Generally, the court must impose a _____________ sentence of imprisonment (and a period of post-release supervision) where the person is sentenced as:
- ___________ felony offender (PL 70.02)
- second __________ felony offender (PL 70.04)
- second felony offender on conviction for a violent felony offense (PL 70.06)
determinate. violent ….. violent
70.02 SENTENCES OF IMPRISONMENT: VIOLENT FELONY OFFENSE (B, C, D, E)
Court may impose an ________________ of more than one year if it finds that alternative sentence is consistent with the public safety and that one or more of the following mitigating circumstances exist:
- mitigating circumstances,
- defendant was not sole participant and had minor role, and
- deficiencies in proof of defendant’s commission of crime.
- defendant was not sole participant and had minor role, and
- deficiencies in proof of defendant’s commission of crime.
alternative sentence
70.05 MAXIMUM SENTENCE OF IMPRISONMENT FOR JUVENILE OFFENDER MAXIMUM term of indeterminate sentence for juvenile offender is at least 3 years, as follows:
A felony (murder second degree)
life imprisonment
70.05 MAXIMUM SENTENCE OF IMPRISONMENT FOR JUVENILE OFFENDER
MINIMUM TERM OF IMPRISONMENT FOR A JUVENILE OFFENDER
A felony (murder second degree)
not less than 5 nor more than 9 years
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
A misdemeanor
maximum of one year
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
B misdemeanor
not more than 3 months
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
Unclassified misdemeanor
in accordance with sentence specified in law or ordinance
70.15 SENTENCES OF IMPRISONMENT FOR MISDEMEANORS AND VIOLATION
Violation
not more than 15 days
