United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


Guidelines Manual

Guidelines Manual PDF Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 68

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Book Description


Fines and Restitutions in Federal Criminal Cases

Fines and Restitutions in Federal Criminal Cases PDF Author: Peter N. Allerton
Publisher: Nova Publishers
ISBN: 9781604565898
Category : Law
Languages : en
Pages : 88

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Book Description
Restitution is the act of restoring an individual or entity in whole or in part to the lost circumstances they might have once enjoyed. In a federal criminal context, it is the order of a sentencing court directing a defendant to reimburse or otherwise compensate the victims of his crimes. Restitution is based on the losses suffered by the victims of a crime. Neither the defendant's financial condition at the time of sentencing or his future economic prospects figure in the amount of restitution awarded. Consequently, in some cases the amount of restitution ordered may exceed what the defendant can ever reasonably be expected to pay, particularly in the case of mandatory restitution. Nevertheless, there have been suggestions that in other instances insufficient restitution has been ordered or collected because of the particularities of restitution law.

Federal Criminal Restitution

Federal Criminal Restitution PDF Author: Catharine M. Goodwin
Publisher: West Group
ISBN: 9780314984470
Category : Law
Languages : en
Pages : 626

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Guideline Sentencing

Guideline Sentencing PDF Author:
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 86

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A Pound of Flesh

A Pound of Flesh PDF Author: Alexes Harris
Publisher: Russell Sage Foundation
ISBN: 1610448553
Category : Social Science
Languages : en
Pages : 265

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Book Description
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

Federal Sentencing the Basics

Federal Sentencing the Basics PDF Author: United States Sentencing Commission
Publisher:
ISBN: 9781688991422
Category :
Languages : en
Pages : 56

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Book Description
This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.

Criminal Fines and Restitution

Criminal Fines and Restitution PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 150

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Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Fines and Restitution in Federal Courts

Fines and Restitution in Federal Courts PDF Author: Maxwell R. Silverstein
Publisher: Nova Publishers
ISBN: 9781590334911
Category : Law
Languages : en
Pages : 94

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Book Description
This edited government report discusses federal offenders who were ordered to pay criminal fines and victim restitution. The objectives of this report are to: identify the percentage of offenders who were ordered to pay fines or restitution in fiscal year 1997 and those who were not, identify differences across judicial circuits and districts in the percent of offenders who were ordered to pay fines or restitution and those who were not, and provide officials' opinions about possible reasons for those differences. Also documented are changes in the rate at which offenders were ordered to pay restitution before and after the Mandatory Victims Restitution Act in 1996. In establishing the United States Sentencing Commission, Congress sought uniformity in sentencing by narrowing the wide disparity in sentences imposed for similar criminal offences committed by similar offenders. However, this report calls into question whether that goal is actually achieved and assesses the possibilities for its attainment.