Punishment Flashcards
How is punishment for a crime determined?
The jury decides punishment as prescribed by law in a separate sentencing proceeding following determination of guilt of a felony.
It is not permitted for a jury to grant…
suspension of sentences or probation.
The judge is not bound by a jury’s…
recommendation of leniency.
If the case was tried without a jury, sentence is given by…
the court.
The sentence imposed by the jury is not outside the control of the judge since…
he may suspend all or a portion of it.
Do sentences to confinement for two or more offenses run concurrently?
No, unless expressly ordered by the court.
Pending pronouncement (sentencing), the accused may be…
committed to jail or released on bail, except when convicted of Murder 1.
Before pronouncement, tha accused is permitted to…
make a statement.
The can the court do with regards to the jury’s sentence?
The court may suspend the sentence in whole or in part and may place the convict on probation.
Courts not of record have jurisdiction to try…
misdemeanors that arise in the respective county or city for which they were created and to try violations of ordinances, laws, and bylaws of that county or city.
In courts not of record, the accused is normally tried upon a…
warrant.
What is the accused’s right to appeal from a court not of record?
Upon conviction, the accused has an absolute right to appeal within 10 days from such conviction,whether or not such conviction was upon a plea of guilty.
In effect, an appeal to the circuit court from a court not of record acts as…
a trial de novo in the circuit court, but the record of the prior trial, other than statements or admissions, may not be introduced.
What is the rule regarding Circuit Court appeal rulings?
The sentence at the new trial may be greater than that adjudged at the court not of record. However, the defendant may not be tried for a more serious charge in the trial de novo.
What is a writ of habeas corpus?
civil trial where defendant is plaintiff suing the government because basis of holding the defendant is unconstitutional conviction unconstitutional or manner of holding the defendant is improper or unconstitutional or hazardous to the defendants health
A petitioner may raise deprivations of constitutional rights when asserting WOHC, but lacks standing to….
raise nonjurisdictional defects which, although he had full opportunity, he failed to assert at his trial and upon appeal of his conviction.
Is there a right to counsel for a writ of habeas corpus?
No, appointment is within the discretion of the court.
What is a writ of actual innocence?
The Virginia S. Ct. may issue a writ of actual innocence based on new testing of biologival evidence that exculpates a person convicted of a serious felony or adjudicated delinquent for felonious behavior.
Where must a petition/hearing for HC be filed?
b. Case filed in court where defendant was originally sentenced, except in death penalty cases which go straight to the supreme court
Who has a right to seek a writ of error following a decision by the trial court on a WOHC?
Both the petitioner and the Commonwealth.
If the WOHC is granted, the Commonwealth has the power to…
retry the petitioner on the original charges after the hapeas corpus relief has been granted.
If the petition for WOHC s denied, who pays for the costs of the proceeding and the attorneys’ fees of appointed counsel?
The petitioner.
The juvenie and domestic relations courts have exclusive original jurisdiction over…
matters of juvelines under 18 accused of committing delinquent acts that would be crimes if committed by an adult.
The Juvie/domestic relations courts also has jurisdiction to try…
misdemeanor cases involving family household members who commit crimes against each other and to conduct preliminary hearinng in felony cases involving family and household members where the victim is younger than 18.
