§ 16-90-107 — Fixing of punishment generally

Arkansas § 16-90-107

• Jurisdiction: Arkansas
• Title: 16

Text

(a) When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declare the punishment and render judgment accordingly. (b) (1) Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the Division of Correction. The sentence shall not be less than the minimum nor greater than the maximum time provided by law. (2) At any time after the expiration of the minimum time, upon the recommendation of the Director of the Division of Correction and it appearing that a prisoner has a good record as a convict, his or her sentence may be terminated by the Post-Prison Transfer Board. (c) If the jury in any case assesses a greater punishment, whether of fine or imprisonment, than the highest limit declared by law for the offense for which the jury convicts the defendant, the court shall disregard the excess and enter judgment and pronounce sentence according to the highest limit prescribed by law in the particular case. (d) If the jury in any case assesses a punishment, whether of fine or imprisonment, below the limit prescribed by law for offenses of which the defendant is convicted, the court shall render judgment and pronounce sentence according to the lowest limit prescribed by law in such cases. (e) The court shall have power in all cases of conviction to reduce the extent or duration of the punishment assessed by a jury so that the punishment is not in any case reduced below the limit prescribed by law in such cases if the conviction is proper and the punishment assessed is greater than ought to be inflicted under the circumstances of the case.

Legislative History

Amended by Act 2023, No. 659,§ 123, eff. 1/1/2024. Rev. Stat., ch. 45, §§ 176-179; Acts 1907, No. 440, § 2, p. 1174; C. & M. Dig., §§ 3204, 3230-3233; Pope's Dig., §§ 4040, 4070-4073; A.S.A. 1947, §§ 43-2306 -- 43-2310.