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All Jurisprudence based

0 tracked cards Criminal Law

The applicable divisible penalty has three periods. No modifying circumstance or special rule applies. One party says the court must choose the maximum simply because the charged offense sounds serious, while another says a lower degree and minimum period are identical. Which is best?

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Article64 ordinarily selects the medium period on the stated facts, and selection of a period is distinct from a reduction in degree Any minimum period necessarily equals a lower degree Every divisible penalty is legally indivisible The parties may dispense with the statutory range

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