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LSDefine

Simple English definitions for legal terms

sentence-package rule

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A quick definition of sentence-package rule:

The sentence-package rule is a principle in criminal procedure that allows a defendant to be resentenced on an aggregate sentence if they successfully challenge part of their conviction. This means that if a defendant is convicted on multiple counts, and they successfully challenge some but not all of those counts, they can still be resentenced. Sentencing by a council, which is a panel of three or more judges who determine a criminal sentence, occurs less frequently than sentencing by a single trial judge.

A more thorough explanation:

The sentence-package rule is a principle in criminal procedure that allows a defendant to be resentenced on an aggregate sentence. This means that if a defendant is convicted on multiple counts in an indictment and successfully challenges part of the conviction, they can be resentenced for the entire sentence.

For example, if a defendant is convicted of robbery and assault and receives a sentence of 10 years for both crimes combined, but successfully appeals the assault conviction, they can be resentenced for the entire 10-year sentence.

The sentence-package rule ensures that a defendant is not unfairly punished for a conviction that has been successfully challenged. It also helps to maintain consistency in sentencing by ensuring that the entire sentence is reviewed and adjusted if necessary.

sentence-factor manipulation | sentencing entrapment

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