Sentencing in Criminal Cases

S is For Sentencing in Criminal Cases

 

I intended to write about something different for the letter S, but I noticed in the comment section of my previous A to Z themed post (Criminal law & Procedure) that many of you had questions about the sentences for various crimes. In an effort to keep this short, I know it will not answer all questions, but hopefully it will expound on the topic.

The La. Code of Criminal Procedure Article 871 provides that a sentence is the penalty imposed by the court on a defendant, upon a plea of guilty, upon a verdict of guilty or upon a judgement of guilty and shall be pronounced orally in court and recorded in the minutes of the court.


A Misdemeanor is any crime that is not a felony. A felony is any crime in which the offender may be sentenced to death or imprisoned at hard labor. Put another way: A misdemeanor sentence cannot exceed a period of incarceration of 364 days in the county, or in my case (Louisiana) the parish jail. A felony sentence is a sentence of one year or greater and is served in prison as opposed to the county or parish jail.
I hope this helps with some of the questions a few of you had from my earlier post.

Have you visited the other A to Z participants, the link to the left will take you to the sign up list.

22 comments:

Melissa Sugar said...

Glad I've got to your blog as my daughter is an attorney in Michighan. The flowcharts you have shown reminded me on  her walls when she was studying for the Bar Exam.

Melissa Sugar said...

Good to learn this legal terms from the right side of the law. :)

Melissa Sugar said...

Well done Melissa. It is interesting how each state varies on sentencing yet there are still some universal truths.

Melissa Sugar said...

Hi Melissa .. interesting your last two posts - I had no idea they had charts to decipher a sentence .. no individuality allowed - oh well .. I wonder if we do that here.

Cheers Hilary

Melissa Sugar said...

Oo, I love all the charts. Thanks for sharing, Melissa! :)

Melissa Sugar said...

There's a lot of fascinating information here - one of the most interesting blogs I've found via the A to Z!

Melissa Sugar said...

I always wondered about the difference between a felony and a  misdemeanor.

Melissa Sugar said...

Great charts! Thanks for explaining it so clearly.

Melissa Sugar said...

Those charts were really informative...and just the title Felony Flow Chart made me laugh! Apparently you can chart anything.

Melissa Sugar said...

You are so sweet to answer everyone's questions so thoroughly!

Melissa Sugar said...

Thanks, Peggy. I asm not sure I can answer all the questions in a short blog post, but I hope I didn't confuse people even more,lol

Melissa Sugar said...

 I never really thought of it, but yes you can chart just about anything.

Melissa Sugar said...

Not planning a crime spree are we? Lol

Melissa Sugar said...

 Thank you, that made my day.

Melissa Sugar said...

 Thanks for visiting, Carrie. I promise to get back to following my favorite blogs when this challenge ends.

Melissa Sugar said...

 They pretty much take the individuality out of it. The attorneys are free, however to argue how we want the jury to interpret the charts.

Melissa Sugar said...

 Thanks. A very valid point.

Melissa Sugar said...

What a nightmare, the bar!!! I went to law school in Michigan. 

Melissa Sugar said...

 Hi Leigh, thanks for stopping by. I've missed you.

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