Other than the existence of a prior conviction, ANY aggravating fact that increases the defendant's punishment above the statutory maximum under the guidelines must be submitted to a jury and proved beyond a reasonable doubt - it cannot be considered by a judge.
The Judicial Branch, or the federal court system, interprets the law. The US Supreme Court, head of the Judicial Branch, is the ultimate authority on the interpretation of federal law and the constitutionality of any law.
The judicial branch of government is the federal courts, mainly the Supreme Court. The courts interpret the laws that the legislative branch passes.
Federal
Victim and Witness Protection Act (VWPA)
true .
federal
Federal judges have discretion in sentencing individuals, but they must consider the federal sentencing guidelines as a reference point. While judges are not bound to follow these guidelines, they must provide justification if they deviate significantly from them. Ultimately, judges have the responsibility to ensure that the sentence is fair and proportional to the crime committed.
Federal
supreme court ^O^
Federal law. 5 yrs, Federal prison, no probation, no parole. See Operation Exile.
The Supreme Court interprets the Constitutionality of laws passed by the federal government of the United States and decides if they should be carried out or not.
Depends on your jurisdiction. In the United States, there are federal mandatory minimum sentencing guidelines and several states have additional minimum sentencing guidelines. In addition, asset forfeiture laws can leave you penniless after your sentence is completed.
This link below is THE SOURCE to find out exacty what the guidelines are for any specific federal statute. Also US CODE site is very imformative
There is no such thing. The US Supreme Court only reviews criminal cases under appellate jurisdiction and does not determine guilt or innocence or impose sentences of any kind.The trial court is responsible for determining a convicted person's sentence according to the applicable federal or state sentencing guidelines.
Yes, the North Carolina supreme court upheld the constitutionality of North Carolina's ban on same-sex marriage. It has since been struck down as unconstitutional by the federal courts.
Convicted felon in possession of a firearm is a FEDERAL offense and would be handled under the sentencing guidelines in effect in the federal court system NOT Illinois.