|
Acceptance Of Responsibility
Acceptance of responsibility is a provision in the United States Federal Sentencing Guidelines providing for a decrease by 2 or 3 levels in offenders' offense level for admitting guilt and otherwise demonstrating behavior consistent with acceptance of responsibility, such as ending criminal conduct and associations. It amounts to a sentence reduction of about 35%. The 3-level reduction is only available to defendants with an offense level of 16 or greater, and it requires a timely guilty plea. Federal plea agreements usually include a stipulation that the government will support granting the defendant the acceptance of responsibility reduction. The guideline states, in reference to the 2-level reduction: Because the vast majority of federal criminal cases are settled by plea bargains, the application of this reduction is extremely common and has a great impact on the number of prisoner-years served altogether throughout the U.S. justice system. Research indicates that the offender' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions. Although the Guidelines were initially styled as mandatory, the US Supreme Court's 2005 decision in '' United States v. Booker'' held that the Guidelines, as originally constituted, violated the Sixth Amendment right to trial by jury, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After ''Booker'' and other Supreme Court cases, such as '' Blakely v. Washington'' (2004), the Guidelines are now considered advisory only. Federal judges ( state judges are not affected by the Guidelines) must calculate the guidelines and consider them when determining a sentence, but are not requir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acceptance
Acceptance in human psychology is a person's assent to the reality of a situation, recognizing a process or condition (often a negative or uncomfortable situation) without attempting to change it or protest it. The concept is close in meaning to ''acquiescence'', derived from the Latin ''acquiēscere'' (to find rest in). Definition The term ''acceptance'' is a noun with various different meanings. When the person to whom a proposal is made signifies their assent, it is an "acceptance" of their offer, also called an agreement. For example, if someone gives a gift and another receives it, then they have accepted the gift; therefore, having acceptance. Another definition of acceptance has to do with positive welcome and belonging, favor, and endorsement. One approves of something. For instance, one can like someone and accept them due to their approval of that person. Another description is that acceptance can be an act of believing or assenting. The definition overlaps with ''tole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Agreement
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 automobi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remorse
Remorse is a distressing emotion experienced by an individual who regrets actions which they have done in the past that they deem to be shameful, hurtful, or wrong. Remorse is closely allied to guilt and self-directed resentment. When a person regrets an earlier action or failure to act, it may be because of remorse or in response to various other consequences, including being punished for the act or omission. People may express remorse through apologies, trying to repair the damage they've caused, or self-imposed punishments. In a legal context, the perceived remorse of an offender is assessed by Western justice systems during trials, sentencing, parole hearings, and in restorative justice. However, there are epistemological problems with assessing an offender's level of remorse. A person who is incapable of feeling remorse is often diagnosed with antisocial personality disorder, as characterized in the DSM IV-TR. In general, a person needs to be unable to feel fear, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Epistemological
Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epistemologists study the nature, origin, and scope of knowledge, epistemic justification, the rationality of belief, and various related issues. Debates in epistemology are generally clustered around four core areas: # The philosophical analysis of the nature of knowledge and the conditions required for a belief to constitute knowledge, such as truth and justification # Potential sources of knowledge and justified belief, such as perception, reason, memory, and testimony # The structure of a body of knowledge or justified belief, including whether all justified beliefs must be derived from justified foundational beliefs or whether justification requires only a coherent set of beliefs # Philosophical skepticism, which questions the poss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meaning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
