Sentencing. A defendant is entitled to the assistance of counsel before being sentenced to incarceration or probation for the collection of a fine, fee, court cost, state assessment, or restitution, unless there is a knowing, voluntary and intelligent waiver of the right to counsel.5 If the Court contemplates imposing incarceration or probation on an unrepresented defendant, or wishes to preserve its right to impose a jail sentence or probation in the future, the Court must conduct an indigence determination by using the Affidavit of Xxxxxxxxx, and considering any other relevant factors, to evaluate whether the defendant is entitled to court-appointed counsel at no cost.
Sentencing. The court must give the de- fendant an opportunity to be heard in mitiga- tion and then proceed immediately to sentenc- ing. The court may, however, postpone sen- tencing to allow the probation service to in- vestigate or to permit either party to submit additional information.
Sentencing. Pleas including, Guilty, Not Guilty, Nolo Contendere and Not Guilty by Reason of Insanity;
Sentencing. Having now dealt with the substantive and the personal jurisdiction, we come to another crucial feature, namely sentencing. The whole purpose of the Juba exercise was to “lure” Xxxxxx Kony and his rebels out of the xxxx, and the negotiators therefore agreed that the available sentences should not be too harsh. Sentences for the acts concerned here are quite severe in existing Ugandan penal law, and include the death penalty. Clauses 6.3-4 of the Agreement, however, privilege the LRA by prescribing “a regime of alternative penalties and sanctions” for the non-state actors. These penalties and sanctions shall reflect various factors. One of them is “the gravity of the crime”, but that is to be weighed against the other considerations, namely to “promote reconciliation between individuals and within communities; promote the rehabilitation of offenders; take into account an individual’s admissions or other cooperation with proceedings; and, require perpetrators to make reparations to victims.”87 Unfortunately, this difficult issue of sentencing is not regulated further in the annexure, but is left to the legislators. They have a balancing act to look forward to, because it is not likely that the ICC will accept a proceeding that ends up in a symbolic penalty, since that would be thought of as a measure to “shield” the perpetrators or as being “inconsistent with an intent to bring the person concerned to justice”.88 On the same note, and with the same purpose to allow milder sentences for the LRA indictees, the accords contain provisions regarding the cooperation of individuals with the formal criminal and civil proceedings. Clause 3.6 indicates that cooperation could be rewarded with a mitigated sentence, while the preceding Clause
Sentencing. Section 143(1) of the Criminal Justice Act 2003 provides: ‘In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or might foreseeably have caused’. Sentencing guidelines for a particular offence will normally include a list of aggravating features, which, if present in an individual instance of the offence and relevant, should be taken into account.
Sentencing. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an Case 1:09-mj-00015-JMF Document 3 Filed 01/12/2009 Page 3 of 13 advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the U.S. Probation Office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise that advisory sentence up to and including the statutory maximum sentence or lower that advisory sentence. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offense identified in paragraph one and that the defendant may not withdraw the plea solely as a result of the sentence imposed.
Sentencing. 17 Pursuant to Rule II(c)(I)(C) of the Federal Rules of Criminal Procedure, the parties 1 acknowledge and agree that the appropriate sentence to be imposed by the Court at 19 the time of sentencing should be a Zone C sentence within the range of 10 to 16 months. If 20 the sentencing court rejects the agreement of the parties and seeks to impose a sentence 2 outside the agreed upon sentencing range, both the defendant and the United States reserve the 22 right to withdraw from this agreement pursuant to Rule II(c)(I)(C) of the Federal Rules of 23 Criminal Procedure and to proceed to trial. No other agreement has 24 been made with regard to the imposition of the sentence in this matter, and the parties 25 understand that the Court retains full discretion to impose a sentence within the range 26 agreed to above. Further, the parties understand that the Court retains full discretion with regard to 27 the imposition of a term of supervised release, the conditions of supervised 28 release, fines, forfeiture or restitution as may be applicable. PLEA AGREEMENT/ 6 Xxxxxxx X. Xxxxxx CR04-0374 RSM J Non-Prosecution of Additional Offenses. As part of this Plea Agreement,
Sentencing. 34. Court may accept or reject recommendation on sentence.
35. Power to reduce penalties for assistance provided to Crown.
Sentencing. Advises client of potential additional punishments, parole eligibility in Youthful Offender case, time assignment on DYS classification grid, explanation of assessment/staffing/classification process if client committed to DYS, immigration consequences, SORB consequences, m/v license consequences ☐ Yes ☐ No ☐ N/A 2. Explores specific alternatives to incarceration ☐ Yes ☐ No ☐ N/A 3. Present evidence or witnesses ☐ Yes ☐ No ☐ N/A 4. If client is committed to DY, follows through with Staffing and RRT preparation ☐ Yes ☐ No ☐ N/A IX. POST-TRIAL
Sentencing. Advises client of potential additional punishments, parole eligibility, or immigration consequences ☐ Yes ☐ No ☐ N/A 2. Explores specific alternatives to incarceration ☐ Yes ☐ No ☐ N/A 3. Presents evidence or witnesses ☐ Yes ☐ No ☐ N/A 4. DYS staffing hearings ☐ Yes ☐ No ☐ N/A XIII. POST-TRIAL
