Punishable - Law Dictionary Search Results
Home Dictionary Name: punishablesentence
sentence [Old French, opinion, judicial sentence, from Latin sententia, ultimately from sentire to feel, think, express an opinion] 1 : a judgment formally pronouncing the punishment to be inflicted on one convicted of a crime 2 : the punishment that one convicted of a crime is ordered to receive concurrent sentence : a sentence that runs at the same time as another consecutive sentence : a sentence that runs before or after another cumulative sentence : consecutive sentence in this entry ;also : the combination of two or more consecutive sentences death sentence : a sentence condemning the convicted defendant to death de·ter·mi·nate sentence [di-tər-mə-nət-] : a sentence for a fixed rather than indeterminate length of time general sentence : a sentence that does not allocate the punishment imposed for the individual counts on which the defendant was convicted NOTE: General sentences are impermissible. in·de·ter·mi·nate s...
cruel and unusual punishment
cruel and unusual punishment : punishment that is offensive to the contemporary morality or jurisprudence (as by being degrading, inflicting unnecessary and intentional pain, or being disproportionate to the offense) [nor cruel and unusual punishments inflicted "U.S. Constitution amend. VIII"] see also Gregg v. Georgia in the Important Cases section compare corporal punishment, death penalty NOTE: A cruel and unusual punishment is essentially one that the courts consider to violate the Eighth Amendment based on a variety of criteria. The interpretation of what constitutes cruel and unusual punishment has changed over time and has varied from jurisdiction to jurisdiction. Most forms of corporal punishment formerly used at common law have been found to be cruel and unusual punishments. The U.S. Supreme Court has held that the death penalty in itself does not constitute cruel and unusual punishment, although mandatory death sentences do. ...
Sentence
Sentence, denotes 'A person who is convicted and sentenced to imprisonment is deemed to have been awarded that punishment even in the case where the sentence is suspended for some reason or other, State of Maharashtra v. Chandrabhan Tale, AIR 1983 SC 803: (1983) 3 SCC 387.Sentence, denotes the action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v. State of Maharashtra, (1977) Mah LJ 338.Means the judgment that a court formally pronoun-ces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer, Black's Law Dictionary, 7th Edn., p. 1367.The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency and contradiction and in pr...
Punishment
Punishment, is the penalty for transgressing the law, Jowitts Dictionary of English Law, Vol. 2 (2nd Edn. by John Burke).Punishment, the penalty for transgressing the law: in England usually left within very wide limits to the discretion of the Court. Too great severity has frequently led to refusals of juries to convict, especially where the punishment is death, as it was down to 1810, for the offence of stealing goods to the value of forty shillings from a dwelling-house, and down to 1832 for forgery. In the former case the jury would falsely find the value of the goods stolen to be thirty-nine shillings; in the latter, a petition of bankes bastened the mitigation of a punishment which failed to protect them.The ordinary dictionary meaning of the word 'punish' is 'to cause the offender to suffer for the offense' or 'to inflict penalty on the offender' or 'to inflict penalty for the offence'. Any action of the employer to the detriment of the workmen's interest would not be punishment...
corporal punishment
corporal punishment : punishment inflicted on a person's body see also cruel and unusual punishment NOTE: The prohibition on cruel and unusual punishment in the Eighth Amendment to the U.S. Constitution imposes limits on the use of corporal punishment on convicted offenders and prisoners. The U.S. Supreme Court has found the Eighth Amendment to be inapplicable to the use of corporal punishment on schoolchildren. ...
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Offence not punishable with death or transporta-tion for life
Offence not punishable with death or transporta-tion for life, the plain meaning of the words 'an offence not punishable with death or transporta-tion for life' is 'an offence not punishable with death or an offence not punishable with transporta-tion for life', State v. Sheo Shanker, AIR 1956 All 326 (327). [U.P. First Offenders Act, (6 of 1938), s. 4]...
Sentence of death, Recording of
Sentence of death, Recording of. See the disused but still unrepealed Judgment of Death Act, 1823 (4 Geo. 4, c. 48), 'to enable Courts to abstain from pronouncing sentence of death in certain capital felonies,' and enter judgment on the record instead--which had the effect of a reprieve.The (English) Children Act, 1933, s. 53(1), provides as follows:-Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen, but in lieu thereof the Court shall sentence him to be detained during His Majesty's pleasure, and, if so sentenced, he shall, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and under such conditions as the Secretary of State may direct....
The sentence imposed
The sentence imposed, is a sentence of imprison-ment or detention and therefore the requirement for a statement showing to what extent the sentence has not been carried out must also relate to a sentence of imprisonment or detention. [United States of America (Extradition) Order 1976 (SI 1976/2144), Sch. I, arts III (4), VII(4)]...
punishment
punishment 1 : the act of punishing 2 : a penalty (as a fine or imprisonment) inflicted on an offender through the judicial and esp. criminal process see also cruel and unusual punishment ...
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