Fact Bargaining
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Fact Bargaining
Fact bargaining is a type of plea bargaining that occurs when prosecutors and defendants bargain over what version of events should be stipulated to by the parties and presented to the court as what happened. Some statutes or sentencing guidelines specify that certain increases or decreases in the sentencing range must occur if certain facts are proven. For example, a drug offense may carry a mandatory minimum sentence if the offender had a prior drug felony, possessed a certain amount of drugs or played a supervisory role in a drug conspiracy. The prosecutor may agree to stipulate that there was no such prior drug felony, that the offense less than the threshold amount of drugs, or that the offender played no such supervisory role in exchange for a guilty plea. Fact bargaining can also involve the defendant stipulating to certain facts in exchange for certain concessions so the prosecutor does not need to prove those facts. Nancy King has argued that fact bargaining defeats the inte ...
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Plea Bargaining
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or ''nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automobile ...
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Sentencing Guidelines
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover. By contrast, mandatory sentencing involves the imposition of legal parameters for criminal sentences, typically mandatory minimum terms of imprisonment. Worldwide United States In the United States federal courts, the Federal Sentencing Guidelines have long been applied to criminal sentencings. State courts use their own sentencing guidelines. The Federal Sentencing Guidelines are non-binding independent agency recommendations that inform sentencing in law. Courts consider these advisory forms, which contain maximum and minimum sentences, before deciding a defendant's sentence. "The Sentencing Guidelines enumerate aggravating and mitigating circumstances, assign ...
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Mandatory Minimum Sentence
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so heinous, there is no way to accept the offender back into the general populati ...
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Guilty Plea
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, '' nolo contendere'' (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States). The concept of the plea is one of the significant differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted, and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does ...
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William G
William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Liam, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germ ...
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Copyright Violation
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ...
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The Spokesman-Review
''The Spokesman-Review'' is a daily broadsheet newspaper based in Spokane, Washington, the city's sole remaining daily publication. It has the third-highest readership among daily newspapers in the state, with most of its readership base in eastern Washington and northern Idaho. History ''The Spokesman-Review'' was formed from the merger of the ''Spokane Falls Review'' (1883–1894) and the ''Spokesman'' (1890–1893) in 1893 and first published under the present name on June 29, 1894. The ''Spokane Falls Review'' was a joint venture between local businessman, A.M. Cannon and Henry Pittock and Harvey W. Scott of ''The Oregonian''. The Spokesman-Review later absorbed its competing sister publication, the afternoon '' Spokane Daily Chronicle''. Long co-owned, the two combined their sports departments in late 1981 and news staffs in early 1983. The middle name "Daily" was dropped in January 1982, and its final edition was printed on Friday, July 31, 1992. The n ...
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