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A presentence investigation report ( PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence. [ 1][ 2] The PSIR is a ...
In the legal system of the United States, a Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, [ 1] in which the Supreme Court ruled that suppression by the ...
Allocution. An allocution, or allocutus, is a formal statement made to a court by the defendant who has been found guilty before being sentenced. It is part of the criminal procedure in some jurisdictions using common law .
The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, [1] or in addition to home detention, [2] while the latter is imposed in addition to imprisonment.
In the United States, character evidence may be offered at trial to: 1. prove character, if character is a substantive issue in the litigation. admissibility of character evidence to prove character is not affected by the case's civil or criminal nature. 2. prove, through circumstantial evidence, an aspect of an individual's conduct.
Apr. 21—A Hillsborough County judge ordered Adam Montgomery to be present in the courtroom for his sentencing hearing next month after being convicted of murdering his 5-year-old daughter, Harmony.
Subsection 718.2(e) is a guiding principle and not a substantive power. Therefore, the court is not at liberty to impose a sentence outside the range of legally available penalties. For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum.
After working with Peck on movies such as Public Enemies and X-Men, Marsden, 50, reflected on their friendship in his letter. “I can easily say that Brian is one of the reasons why I have been ...