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. 4) Pleas including, Guilty, Not Guilty, Nolo Contendere and Not Guilty by Reason of Insanity;
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. 6. 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. The NMT judgments also played a role in Erdemović concerning the relative gravity of war crimes and crimes against humanity. McDonald and Xxxxxx took the position for the majority that crimes against humanity were more serious than war crimes, citing Xxxxxxx Xxxxxx’x explanation in Einsatzgruppen that the difference between the 166 Xxxxxxxxx, Appeals Judgment, McDonald and Xxxxxx Separate Opinion, paras. 43-45. 167 Id., Separate and Dissenting Opinion of Judge Xxxxxxx, xxxxx. 27-28. 168 Prosecutor x. Xxxxx, IT-98-29-T Judgment, para. 44 (5 Dec. 2003). 169 Prosecutor x. Xxxxxx, IT-98-33-T, Judgment, para. 526 (2 Aug. 2001). 170 See Xxxxxxx X. Xxxxxxxx & Xxxxx Xxx Xxxxxx, The First Ecocentric Environmental War Crime: The Limits of Article 8(2)(b)(iv) of the Rome Statute, 20 GEO. INT’L ENV. L. REV. 61, 78 (2007). 171 Rome Statute, Element of Crimes, art. 8(2)(b)(iv), 132 n. 37. Some delegations insisted at PrepCom that whether an attack was “clearly excessive” should be determined from the
Sentencing. The court must permit a victim to be reasonably heard at any public proceeding in the district court concerning release, plea, or sentencing involving the crime.
Sentencing. 1. 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
Sentencing. 1. Advises client of potential additional punishments, parole eligibility, or immigration consequences ☐ Yes ☐ No ☐ N/A
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 UN[XXX S'T XXXX ATTORNEY 000 XXXXX XXXXXX, XXXXX 0000 SEATTLE, WASHINGTON 98101-3903 J Non-Prosecution of Additional Offenses. As part of this Plea Agreement,
