Law question...
- Thread starter Warison
- Start date
So after the minimum they could be paroled, let ou ... what?
And do 2 days equal 1 ?
After 15 years their case can go before the parole board, but it doesnt automatically happen.
Good behavior is roughly 1 day per week. Every 6 days counts as 7 or 54 days off a year.
Good behavior is roughly 1 day per week. Every 6 days counts as 7 or 54 days off a year.
State or federal?
i think in most states,they do a percentage of the minimum, then are "eligible" for parole. Some states used to be as little as 1/3. Now it's higher - half or 75%.
I'm sure ,goat will look it up and write an opus
i think in most states,they do a percentage of the minimum, then are "eligible" for parole. Some states used to be as little as 1/3. Now it's higher - half or 75%.
I'm sure ,goat will look it up and write an opus
I'm actually looking forward to it.
Federal murder? Is all murder, capitol murder? How is it judged?
I think the only federal murder is when a fed is killed.
Not all murder is "capital" murder. They have to show "aggravating factors" to go for the death penalty. Plus, The Supremes just ruled that a jury has to make the sentencing decisions, which messes up the process in some states - where the judge had that power instead.
What I posted would be state.
My source is that I've been a Dr in the prison every Monday since 2007. That's what I've been told by prisoners here at the state prison in Pittsburgh.
I think federal murder also has to deal with location too. Like when someone is murdered in a national park.
And do the feds just take over after that?
And so, capitol murder is the only time your eligible for the death penalty?
I don't know if Feds have sole jurisdiction for murder on federal property. Sounds right though.
And yes - they call it all kinds of names, but if it's "capital murder," the death penalty is in play.
PS - they have to decide early. A death sentence case has all kinds of different rules, the biggie being a "death qualified jury." That means they all say they are willing to fry the guy ... If the evidence meets the legal qualifications (wink wink).
It's different from state to state and on federal.
On a federal level, you have to serve 85% of your sentence. Most states (I believe) are a little more generous.
Some states are forced to be generous, because of overcrowding. California has been in this situation for years.
But most of the early release laws were originally written to encourage good behavior in prisons, as I understand it.
A phrase like "15 to life" isn't actually a legal phrase. It's more of a journalistic phrase. It usually means someone has been sentenced to life, but is eligible for parole in 15 years. Whether or not that 15 is the bare minimum or a baseline before good behavior and other credits is up to the reporter.
This isn't my area, so all I can offer are the very basics. But MTIOTF called me out, so I had to type something.
As for federal murder, if a murder is committed within the jurisdiction of a state, but also has federal jurisdiction (federal property, federal official victim, etc.), they both have jurisdiction, and the defendant can actually be tried twice. Double jeopardy isn't implicated when someone is being prosecuted by two different sovereigns. Often, the state will back off and let the feds take the case first, because feds have 1) a higher rate of guilty please, 2) a higher rate of convictions, and 3) stricter sentencing. If someone gets acquitted on a federal murder charge, the state has to seriously consider the fact that they can't make the case, anyway. Sometimes it works the other way: a state drops the ball on a murder prosecution, so the feds step in after and clean up the mess by winning a conviction on a related federal charge (e.g., "killing a federal officer").
On a federal level, you have to serve 85% of your sentence. Most states (I believe) are a little more generous.
Some states are forced to be generous, because of overcrowding. California has been in this situation for years.
But most of the early release laws were originally written to encourage good behavior in prisons, as I understand it.
A phrase like "15 to life" isn't actually a legal phrase. It's more of a journalistic phrase. It usually means someone has been sentenced to life, but is eligible for parole in 15 years. Whether or not that 15 is the bare minimum or a baseline before good behavior and other credits is up to the reporter.
This isn't my area, so all I can offer are the very basics. But MTIOTF called me out, so I had to type something.
As for federal murder, if a murder is committed within the jurisdiction of a state, but also has federal jurisdiction (federal property, federal official victim, etc.), they both have jurisdiction, and the defendant can actually be tried twice. Double jeopardy isn't implicated when someone is being prosecuted by two different sovereigns. Often, the state will back off and let the feds take the case first, because feds have 1) a higher rate of guilty please, 2) a higher rate of convictions, and 3) stricter sentencing. If someone gets acquitted on a federal murder charge, the state has to seriously consider the fact that they can't make the case, anyway. Sometimes it works the other way: a state drops the ball on a murder prosecution, so the feds step in after and clean up the mess by winning a conviction on a related federal charge (e.g., "killing a federal officer").
Being outside your area has never stopped you before now. MTIOTF merely stated the inevitable, correctly.
Judge: How do you plead?
Defendant: "Guilty, please."
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