| | | the same time that it reduces these statutory deductions, | | however, the Legislature intends that the parties in requesting | | or recommending dispositions and the sentencing courts, who | | ultimately impose sentences, to the extent that they have imposed | | longer terms of imprisonment in an effort to compensate for the | | impact of substantial good time and meritorious good time | | deductions, must make, pursuant to this subsection, the necessary | | adjustments in their sentencing decisions in view of the | | substantially reduced deductions. Application of section 1253, | | subsection 8 to the sentencing process must be reflected in the | | imposition of shorter terms of imprisonment by courts. |
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| | | Sec. 10. 17-A MRSA c. 52-A is enacted to read: |
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| | | §1271.__Authorized sentences |
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| | | A person who is convicted of murder is sentenced to life | | imprisonment, unless a proceeding to determine sentence, | | conducted in accordance with this chapter, results in findings by | | the court that the person should be sentenced to death, in which | | case, the person is sentenced to death. |
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| | | §1272.__Proceeding to determine sentence for murder |
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| | | 1.__When a person is convicted of murder, the court shall | | conduct a separate sentencing proceeding to determine whether the | | person should be sentenced to death or life imprisonment, as | | authorized by section 1271.__The proceeding must be conducted by | | the trial judge before the trial jury as soon after the | | conviction as possible.__If one or more members of the trial jury | | are unable to participate in the sentencing proceeding, alternate | | jurors who were present during the trial but did not participate | | in the deliberations and verdict of the trial may be substituted.__ | | If the trial jury was waived or if the defendant pleaded guilty, | | the sentencing proceeding must be conducted before a jury | | impaneled for that purpose, unless waived by the defendant. |
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| | | 2.__In the sentencing proceeding, evidence may be presented | | concerning any matter that the court determines relevant to the | | sentence and must include matters relating to whether the murder | | was especially heinous, atrocious or cruel and whether the murder | | caused the death of 2 or more persons.__Any evidence that the | | court determines to have probative value may be received, | | regardless of its admissibility under the exclusionary rules of | | evidence, as long as the defendant is afforded a fair opportunity |
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