| DEFENSE EVIDENCE AT SENTENCING HEARINGS |
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| Either the prosecution or the defense is entitled to introduce evidence at a defendant's sentencing hearing. If the defense introduces evidence, it usually takes the form of reputation and character evidence or mitigation evidence.More... |
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| Motion for an Acquittal |
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| After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict. More... |
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| FEDERAL SENTENCING GUIDELINES |
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| The Federal Sentencing Reform Act of 1984 made many changes regarding sentencing in federal district courts. The Act established the Federal Sentencing Guidelines, which guidelines govern all federal offenses other than petty offenses that were committed after November 1, 1987. The guidelines also abolished parole in the federal prison system, reduced the amount of credit that a federal prisoner could receive for good behavior, and imposed mandatory minimum sentences for certain drug offenses.More... |
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| Sentencing Alternatives |
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| After a defendant is convicted, has entered a guilty plea or into a plea bargain, the sentencing phase of the trial begins. The defendant may be sentenced to serve time in jail or in prison. However, there are numerous other alternatives to which the defendant could be sentenced. More... |
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| HABEAS CORPUS RELIEF |
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| A writ of habeas corpus is used by someone in custody to test the legality of his or her confinement. A writ of habeas corpus applies to all confinement or restraint that is unlawful. A writ of habeas corpus only determines the lawfulness of a person's confinement. It cannot be used as a substitute for a direct appeal of the person's conviction.More... |
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