Criminal Law - Supreme Court Review

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1976
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FIRST PARAGRAPH(S)|During the review period, the Nebraska Supreme Court faced numerous appeals based on allegedly excessive sentences. Few of these arguments were sustained. Two exceptions were State v. Christian and State v. Jackson. From an overview of these cases, it appears that the trial court has broad discretion in imposing sentences within statutory limits. From approximately fifty such appeals, only one was held to be an abuse of discretion.|In Christian, the trial judge sentenced an eighteen-year-old to 1 to 3 years in the Department of Correctional Services on a conviction of burglary. The Supreme Court modified the penalty to 6 months in the county jail after finding that the defendant was not "beyond redemption". The court based its decision on the unsatisfactory home life of the defendant and on the presumption that rehabilitation would be better facilitated by the shorter sentence.|In Jackson, the trial court imposed a sentence without the benefit of a presentence report. Section 29-2261 (1) of the Nebraska Statutes requires the use of a presentence report except when impractical. In view of the mandatory language of the statute, the court held that the defendant could not be sentenced without the use of the presentence report...
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9 Creighton L. Rev. 54 (1975-1976)
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Creighton University School of Law
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