lesser included offense造句
例句與造句
- Importantly, the underlying felony " cannot " be a lesser included offense such as assault, otherwise all criminal homicides would be murder as all are felonies.
- Under the evidence in this case, the conduct denounced in Section 800.02, Florida Statutes, F . S . A ., is a lesser included offense.
- Negligent homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with imprisonment time comparable to manslaughter.
- Later, Powell told Feingold that Saddam's violation of the other U . N . resolutions " might be considered a lesser included offense within that principal offense of weapons of mass destruction ."
- But, when sentences are to be served consecutively, then the lesser included offense can have a major effect on the total length, and may even ( collectively ) dwarf the sentences for the main crime.
- It's difficult to find lesser included offense in a sentence. 用lesser included offense造句挺難的
- As part of the defense strategy, her attorneys requested that the jury not be given the option of convicting her of manslaughter ( a lesser included offense ), and instead either convict her of murder or find her not guilty.
- Ruling 5-4 in a New Jersey case, the justices said the federal larceny law contains several elements that are not part of the robbery law, and therefore larceny cannot be considered a " lesser included offense ."
- On the other hand, if he were charged with larceny ( a lesser included offense to robbery ), he would have to be sentenced for one or the other, but not both . talk ) 16 : 55, 1 November 2011 ( UTC)
- In murder cases, however, where a convicted defendant may face capital punishment, the United States Supreme Court has held that the court " must " instruct the jury that they may find the defendant guilty of a lesser included offense such as voluntary manslaughter.
- You're misusing or misunderstanding the specific term of art " lesser included offense "; it would help a great deal if you read the articles that I and Shadowjams had linked, which explain these principles . talk ) 20 : 16, 1 November 2011 ( UTC)
- For example, the jury must be permitted to consider a lesser included offense . " Witherspoon v . Illinois " ( 1968 ) held that jurisdictions could permit prosecutors for-cause strikes of jurors who would never impose the death penalty, but not jurors who were merely opposed to the death penalty.
- Another use of the specifications system is to deal with what some civilian criminal codes refer to as " lesser included offenses . " In a New York court, if the defendant is indicted only for murder, the court might ultimately convict him of manslaughter, because manslaughter is a " lesser included offense " of murder.
- A person charged with reckless driving, if they show that their actions, while they do show insufficient care or failure to properly operate a vehicle, but are not truly serious enough to reach the level of reckless driving, may instead be convicted by the court of the lesser included offense of " improper driving " which is considered a traffic infraction.
- On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offence of which the defendant was convicted to a lesser included offense; reduce the punishment imposed by the lower court; or order a new trial.
- "The need for a complete method of determining what lesser offenses are included within a charged offense is particularly great where, as here, the statute at issue is one that can be violated in a number of ways, " Flaum wrote . " Indeed, the past several years have seen the enactment of a number of criminal statutes that can be violated in various ways, and that in fact are specifically predicated on violations of any number of other legal provisions " such as the Racketeer Influenced and Corrupt Organizations Act ( RICO ) . " They are exactly the type of offenses for which consideration of lesser offenses is appropriate under Rule 31 ( c ), but it is hard to imagine how any lesser included offense could ever be considered under the elements test, precisely because these'greater'offenses are so broadly defined . " The Tenth Circuit, he reminded his colleagues, had found " both " tests valid and held that their use should depend on the circumstances.
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