1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

How Mandatory Sentencing is calculated in law books?

Discussion in 'Justice System, Criminal Lawyers' started by law_is_subjective, Jul 28, 2020.

  1. law_is_subjective

    law_is_subjective Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    For example, in colombia law the mandatory sentencing for First degree murder is 30-60 years, Even Though the final prison sentence will be a subjective decision of the judge affected by various factors. I am curious to know how did the lawmakers create these ranges? Are they just random numbers or are there any factors/caluactions affecting these ranges?

    How did they assign a value of any sort for a human life? How is it possible to "measure" the impact of some crime like murder of someone? I know developing any sort of system to control actions of a conscious being by words is a nearly impossible task but is this kind of system really justice?
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,522
    Likes Received:
    754
    Trophy Points:
    113

    The same way most laws are created. By miscellaneous ramblings of legislators.
     
    army judge likes this.
  3. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    Sorry- this forum deals with US law matters only.
     
  4. law_is_subjective

    law_is_subjective Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    The place really doesn't matter, all law books have some kind of mandatory ranges. Isn't it?
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    You can't seriously expect someone to opine on the possible law in over 190 countries, not to mention lower level municipalities that may have their own laws as well...
     
    justblue likes this.
  6. justblue

    justblue Well-Known Member

    Messages:
    2,472
    Likes Received:
    1,097
    Trophy Points:
    113

    There are legal debate sites...this isn't one of them.
     
    Zigner likes this.
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,042
    Likes Received:
    1,416
    Trophy Points:
    113

    No one here will have the slightest idea how the lawmakers in Colombia came up with their sentencing ranges.

    Highly unlikely.

    I'm sure there are.

    These sound like great questions to pose in a philosophy seminar or to a doctoral candidate, but they're not particularly good questions for a forum such as this.

    No one here is likely to have more than cursory knowledge of "law books" in any country other than the United States. That said, I would hope it obvious that the methodology used by lawmakers in the U.S. will be greatly different from those in Colombia, Russia, Iran, Bhutan, etc.
     
    law_is_subjective and Zigner like this.
  8. army judge

    army judge Super Moderator

    Messages:
    34,058
    Likes Received:
    5,604
    Trophy Points:
    113

    Some people have a propensity to prevaricate.

    srilanka.JPG

    srilanaka2.JPG
     
  9. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    While I do agree with you...

    This OP never claimed to be from anywhere in particular.
     
  10. army judge

    army judge Super Moderator

    Messages:
    34,058
    Likes Received:
    5,604
    Trophy Points:
    113


    OP????

    I never mentioned (or even alluded to) this OP or ANY OP.

    Nor did I "imply", "suggest", "hint", "indicate", "infer", "insinuate", "intimate", or even "mention" the OP in anyway, manner, or form.

    I stand by my statement: "I never mentioned (or even alluded to) the OP."

    Have a very nice day. :)

    I simply stated the following: "Some people have a propensity to prevaricate."

    That is all, "Some people have a propensity to prevaricate."
     
  11. Zigner

    Zigner Well-Known Member

    Messages:
    3,968
    Likes Received:
    2,129
    Trophy Points:
    113

    Uh-huh

    :p
     
  12. flyingron

    flyingron Well-Known Member

    Messages:
    990
    Likes Received:
    472
    Trophy Points:
    63

    In the US federally, there's no such thing as a mandatory sentence (or binding plea bargains for that matter). The sentence is ALWAYS at the discretion of the judge up to the maximum permitted by law.

    In the US states that have them, they are enacted by the legislature for specific crimes and circumstances, that the representatives decide merit special consideration.
     
  13. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,852
    Likes Received:
    593
    Trophy Points:
    113
    Sentencing is not done according to what is written in "law books". These types of things are usually specified in each states' body of law that deals with criminal law and/or procedure.
     
  14. flyingron

    flyingron Well-Known Member

    Messages:
    990
    Likes Received:
    472
    Trophy Points:
    63

    I took "law books" as meaning the volumes containing the embodiment of the law. Even though most of us use electronic forms now, Federal and most state laws are indeed still couched in terms of physical volumes (Titles, Chapters, Sections).

    Mandatory sentencing (as I stated earlier) almost always end up being inserted in "the law" as part of specific legislation as a reaction to some set of special circumstances. Otherwise, a range applies set up by the law. The guidance discretionary range gets applied is often not enacted law directly (just enabled by it), The Feds and many states have separate documents that are sentencing guidelines and while these are not "law" it is what the courts use and if the court strays from it, it can result in the parties taking further legal action.
     
  15. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,042
    Likes Received:
    1,416
    Trophy Points:
    113

    Are you suggesting that those "bod[ies] of law that deal[] with criminal law and/or procedure" are found somewhere other than in "law books"?
     
  16. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,852
    Likes Received:
    593
    Trophy Points:
    113
    I've never heard anyone refer to a body of law (for example, the NYS Criminal Procedure Law) as a "book". To me it sounded like he was referring to a textbook or something similar.
     
  17. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,035
    Likes Received:
    1,187
    Trophy Points:
    113

    It's not a legal term, but it is a common English word. Check out Webster's definition of the term lawbook.
     
  18. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,042
    Likes Received:
    1,416
    Trophy Points:
    113

    One would not refer to, e.g., the California Penal Code (a "body of law") as a "law book," but it certainly makes sense to refer to the books (plural) in which the CPC is published as "law books."

    Interesting. I would have never have thought of it as a single word.
     

Share This Page