excessive sentence

excessive sentence
A sentence for a term in excess of what the law permits as punishment for the particular offense. 21 Am J2d Crim L § 536. A sentence which should be reduced in the exercise of a sound discretion by the court, notwithstanding it is not in excess of the maximum penalty prescribed for the offense of which the defendant was convicted. State v Ross, 55 Or 450, 104 P 596.

Ballentine's law dictionary. . 1998.

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  • excessive punishment — Any sentence or fine which is not commensurate with the gravity of the offense or the criminal record of the defendant. Excessive punishments under 8th Amendment are those which by their length or severity are greatly disproportionate to offenses …   Black's law dictionary

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  • reduction of sentence — The correction of an excessive sentence. 21 Am J2d Crim L § 536. Amending a sentence to reduce the punishment, even to the extent of placing the defendant on probation. 21 Am J2d Crim L § 571. See good behavior …   Ballentine's law dictionary

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