What is the advantage to serving your sentence in a federal penitentiary vs a state penitentiary in the Ahmaud Arbery hate crime trial? In the hate crime trial for the murderers of Ahmaud Arbery, the plea deal was rejected because Arbery's family didn't want the defendants to serve time in a federal facility. This NBC article states But Arbery's family balked at the deals, particularly an agreement allowing the men to serve their hate crime sentences first in a federal penitentiary. Why would a federal penitentiary be preferable to a state penitentiary? They were recently convicted on federal hate crime charges, which means they will still have a federal sentence to serve if my understanding is correct. How is the outcome of a conviction different than a plea deal? What is the advantage of serving a sentence in a federal prison? Are the advantages really so great the family would reject a 30-year plea bargain and admission of guilt for it?
What is the advantage of serving a sentence in a federal prison? Are the advantages really so great the family would reject a 30-year plea bargain and admission of guilt for it? Conditions in federal prisons are, on average, much better than in state prisons. This is mostly due to the mix of fellow prisoners. State prisons are mostly filled with &quot;blue collar&quot; criminals convicted of serious violent crimes and more serious property crimes like burglary. As a result, the risk of suffering from violent attacks from fellow prisoners is high. The conditions in Georgia prisons, in particular, tend to be worse than &quot;best practices&quot; for state prison administration would strive to establish. Federal prisons have a large proportion of white collar criminals, non-violent drug offenders, older felons serving time for possession of firearms who are not as violent as they used to be as younger men, and immigration offenders. The most serious offenders, moreover, are often segregated in maximum security prisons where middle aged first time offenders are unlikely to serve their sentences. Federal prisoners are mostly much better behaved in prison than state prisoners.
Overcharging does confer an advantage on the prosecution, specifically, it enhances the prosecutor's position in plea bargaining, allowing the prosecutor to &quot;compromise&quot; while still getting the actual conviction sought. There is also a more tangible issue. If a prosecutor brings a charge that carries the death penalty as a potential sentence, the jury that will be selected in the case is &quot;death qualified&quot;. This means that people who are morally opposed to the death penalty are excluded from serving as jurors in the case. But since people opposed to the death penalty are also more likely to acquit a criminal defendant than someone not opposed to the death penalty, a death qualified jury is more likely to convict on each and every one of the charges before it, even if everyone on the jury promptly agrees in deliberations that the prosecutor has not established the death penalty carrying charges beyond a reasonable doubt. Thus, bringing a weak death penalty charge both enhances the odds that there will be a conviction of something at trial, and enhances the plea bargaining position of the prosecutor both due to that greater change of prevailing on the merits at trial, and because the &quot;worst case scenario&quot; still drives the plea bargaining process to a significant extent. Furthermore, jury trials are inherently uncertain ordeals. My working estimate that I share with my clients is that even if the law and the facts seem to perfectly favor one outcome or another, that there is at least a 10% chance that the jury will get the wrong result. And with an additional charge carries the death penalty, or a long term in prison, as a possible sentence, a 10% risk of that happening is enough to strongly encourage a criminal defendant to plea guilty in a case where the defendant might otherwise &quot;roll the dice&quot; at trial if the more serious charge wasn't on the table. There is also a more subtle issue, which isn't precisely &quot;overcharging&quot; but is related. At trial, the prosecution is only allowed to introduce evidence which is &quot;relevant&quot; to the charges presented to a jury. So, for example, suppose that the primary charge at a trial is aggravated assault. In a pure aggravated assault case, the prosecution would probably not be allowed to introduce the fact that the defendant was suspected of being a drug dealer or participant in organized crime. But if a charge of drug dealing the minimum quantity of a drug for a charge of that type that was found in the vicinity of the defendant were brought, even if showing the defendant actually owned those drugs is difficult or impossible to prove beyond a reasonable doubt, the drug dealing charge would open up the ability of the prosecution to present all sorts of evidence showing that the defendant was affiliated with a drug dealing cartel. And while this evidence wouldn't be legally relevant to the more serious aggravated assault charge brought, this character attack and legally irrelevant context might sway the jury. Also, even if the jury would have convicted anyway, the presence of additional relevant issues in the case would make it easier for the prosecution to prevail on appeal in the face of a defense argument that the judge improperly allowed the jury to consider irrelevant and prejudicial evidence. As something of an aside, fighting alleged overcharging by the prosecution is one of the core responsibilities of a criminal defense attorney. It is quite rare that someone going to trial on criminal charges is not guilty of some crime (and when this is the case, the criminal defense attorneys' job is the hardest). But it is far more common for there to be a case where a criminal defendant is undeniably guilty of some crime (e.g. larceny), but where some other more serious charge (e.g. robbery or burglary) is marginal at best. Making sure that a criminal defendant is only punished for the crimes that he or she clearly did commit, and not for more serious overcharged crimes, is frequently a major issue for a criminal defense attorney defending someone who is clearly guilty of some crime.
Chapter 26 section 7 of the Swedish Penal Code points to a possible consequence of prison escape: If the sentenced person seriously violates the conditions for the serving of the sentence in a prison, the date for conditional release may be postponed. Such a postponement may amount to at most fifteen days on each occasion of use. Aiding an escape is a specifically-identified crime, but apparently the act of escaping is not, though is would have a negative consequence (we would say that such a treatment is an "infraction", not a separate crime). This article in fn. 7 indicates that it is not a crime in Germany, and The Interwebs tells me the same thing. Mexican law explicitly declares that there is no penalty for prison escape (Article 154, with translation from here) To the prisoner that to escape (from prison) will not be given any penalty, except when it’s in complicity with one or more other prisoners and they perform violence on other people, in which case the penalty is six months to three years in prison. It is a specific crime in the US (governed by individual jurisdictions). The state of Washington in RCW 9A.76.110 makes general prison escape a class B felony. Adjacent provisions increase the severity of the crime if the person is a sexually violent predator (9A.76.115), reduces the crime if it is escape from detention (not pursuant to a conviction), and further reduces the crime if it is just escape from custody (e.g. escapes from the drunk tank).
The decision will be made by whichever country arrests him first (although a minority of countries allow for the trial of people who break their criminal laws in absentia). Needless to say, if nobody manages to arrest him ever, he will not face any criminal consequences except the issuance of an arrest warrant possibly accompanied by a pre-existing conviction in absentia if arrested in countries that allow for such a proceeding. Normally, in these circumstances, either country would have jurisdiction under its own laws to prosecute and punish the criminal, and many extradition treaties would not require the extradition of someone who committed a crime punished domestically in the state in whose custody the criminal is as part of the same course of events. Many countries will not extradite someone if they could face the death penalty in the receiving country. But, sometimes law enforcement in a country with a less serious penalty will intentionally defer to law enforcement in a country with a more serious penalty that is simultaneously trying to arrest him. Ordinarily, law enforcement is not authorized to use deadly force to arrest someone who is simultaneously being arrested by law enforcement from another country against either the arrestee or the law enforcement from the other country. Indeed, using deadly force against another country's law enforcement officers who are carrying out a lawful arrest in their own country would ordinarily be considered an act of war. U.S. double jeopardy provisions of the constitution do not prohibit a second prosecution of an offender in these circumstances because of a first prosecution by another sovereign, but many prosecutors in many countries would decline to prosecute someone a second time for the offense that they have already been convicted of in exercise of their discretion, and many judges would consider time served in another country for the same offense as a factor in setting their own sentence.
I am not a lawyer and I have never even been to the UK. You will not go to prison if your neighbor's dog attacks you and it dies as a result of you defending yourself. You might go to prison and/or owe the owner damages if: You are somewhere you do not technically have a right to be. It can be shown you could have retreated from harm but chose instead to stand your ground. The force you used was deemed excessive - it showed intent to harm the dog more than necessary to protect yourself You contributed to the confrontation in a way that a reasonable person would think might cause trouble You might be able to protect yourself from problems by: taking pictures or videos of the dog behaving badly or aggressively note dates and times when you observe the dog behaving badly or aggressively formally contact the dog's owner with your concerns and/or evidence in which you assert your rights to access the areas you walk through and your right to defend yourself in the event that you are attacked by the dog if possible, change your route or schedule to avoid the problem entirely Good luck
This document answers the question for Vermont. The question &quot;which prison&quot; is not particularly relevant, what matter is &quot;what policies are followed&quot;. The DOC defines a reasonably rich set of distinctions, inmates are given a gender preference form at intake, and they do not treat inmates solely on the basis of their identity. There is segregation housing, and an inmate may be assigned to such housing if the facts warrant – and not solely because of their professed or perceived identify.
She does not assume a power to pardon for state crimes. The main impediment is the practical one, since a vague order regarding victimless crimes may not be enforceable. POTUS has historically granted general amnesties, such as Lincoln's Proclamation of Amnesty and Reconstruction which did not specify particular laws that were violated or individuals who violated the laws. Some degree of resistance to such an order (by prison officials and the judiciary) is to be expected, to the extent that the scope of an amnesty is ambiguous. The Lincoln proclamation is clear enough in its scope (it was triggered by taking an oath of allegiance and the persons to whom this remedy was not available are clearly-enough described). There are on the order of 70,000 federal criminal convictions with sentencing every year, so probably over a million cases would be subject to review. She would need to sharpen the criteria, presumably by enumerating the applicable statutes. This may include or exclude convictions for perjury or lying to a federal officer. In an individual case, it could be argued that in this case, lying did not violate the rights of another person, but in that case it did – case by case review could be required. Violation of 18 USC 228 (Failure to pay legal child support obligations) might be considered to have a victim, or not, so just saying &quot;non-violent victimless crimes&quot; leaves open the question whether interstate refusal to pay child support is in the pardoned set. Targeted amnesties such as violation of the Controlled Substances Act could be specific enough that they could be enforced.
tl;dr The community service is unlikely to be valid consideration. Background While the father seemingly intends to induce performance via the offer, as in Restatement (Second) of Contracts § 81, judge-ordered community service is an exception. In particular, Restatement (Second) of Contracts § 73 says performing a preexisting legal duty does not constitute consideration. For example, in McDevitt v. Stokes, 192 S.W. 681 (Ky. 1917), a breeder who had promised a horse jockey money if he won a race was allowed to renege on the promise because the jockey already had a professional duty to try to win. Likewise, if you promise the police a reward if they bring the person who burgled your house to justice, they already have a preexisting duty to bring the criminal to justice. There's a small window here to argue the opposite if the dad was trying to induce something above and beyond what the judge ordered. united-states