具體求刑案例

具體求刑案例

量刑
國家機關均受憲法拘束，"比例原則對行政、司法、立法權力之行使皆有適用"。"司法權之行使，亦應受比例原則之節制，因而，法律雖授權法官對合乎構成要件之犯罪事實，在一定刑罰範圍內有司法裁量之餘地，但裁量之行使應與罪刑相當，刑罰若與被告罪責顯然不成比例，雖量刑仍在法定範圍內，仍屬違法。"(法治斌、董保城，頁65)。


美國聯邦檢察官對Jimmy Dimora案求刑22年
Federal prosecutors recommend Jimmy Dimora be sentenced to at least 22 years in prison


Published: Monday, July 23, 2012, 5:46 PM Updated: Monday, July 23, 2012, 7:39 PM

By James F. McCarty, The Plain Dealer The Plain Dealer

View full sizeMarvin Fong, The Plain DealerFormer Cuyahoga County commissioner Jimmy Dimora arrives at court on Jan. 6 during the first week of his trial.

AKRON, Ohio -- Arguing that a "landmark corruption case compels a landmark corruption sentence," federal prosecutors Monday asked a judge to send Jimmy Dimora to prison for at least 22 years.

"Anything less will not accurately reflect the seriousness of Dimora’s crimes, will fail to promote respect for the law and will deprive the public of just punishment," Assistant U.S. Attorney Antoinette Bacon wrote in a 35-page recommendation. .....

"The systemic nature of Dimora’s criminal conduct, together with his efforts to obstruct this investigation, and his status as the highest ranking public official in Cuyahoga County warrants a significant sentence of at least 22 years imprisonment," Bacon wrote.

http://www.cleveland.com/countyincrisis/index.ssf/2012/07/federal_prosecutors_recommend.html


美國對Thompson案檢察官求刑介於9到11年
Submitted by Fox First at Ten on October 10th


SPOKANE, Wash – Newly released federal court documents are giving us our first look at how long Karl Thompson will spend in prison.

Thompson is a former Spokane Police officer who was convicted of using excessive force then lying about it to investigators in the 2006 beating death of an innocent man, Otto Zehm.

In the documents, prosecutors suggest a sentence of between 9 years and 11 years 3 months, with a preference for the longer sentence. They base that on several legal factors, including that it (1) was aggravated assault, (2) was committed with a deadly weapon, (3) resulted in serious bodily harm (death, in this case), (4) was committed under the ‘color of law' as a police officer, and (5) that Thompson obstructed justice by lying to investigators.

.......
Karl Thompson will be sentenced in federal court in downtown Spokane on November 15th.
http://www.myfoxspokane.com/news/headlines/story/us-prosecutors-karl-thompson-should-get-9-11-years-prison


求刑十四年判十年 
Serial Arsonist In Metro East Sentenced To Ten Years


November 1, 2012 4:47 PM

A Belleville man has been sentenced to a decade in prison for a string of arsons and burglaries in rural St. Clair County.

24-year-old Bryan Boide was sentenced to ten years on three counts of Arson. Boide was also sentenced to six years of imprisonment on an additional three counts of Arson and three counts of Burglary.

The arsons took place over the spring of this year.

Prosecutors requested the maximum sentence of fourteen years of imprisonment be imposed on Boide despite his lack of any significant criminal history. The defendant requested that the court impose a sentence of between three and four years.

http://stlouis.cbslocal.com/2012/11/01/serial-arsonist-in-metro-east-sentenced-to-ten-years/