A prosecution for criminal conspiracy may be brought in any county where any overt act in furtherance of the conspiracy is alleged to have occurred, and that county is a proper place of venue for the prosecution of any person charged as a party to that conspiracy.
Cited:
Lee v. State, 27 Ark. App. 198, 770 S.W.2d 148 (1989).
Chapter 4
Disposition of Offenders
Research References
Ark. L. Rev.
1976 Criminal Code — General Principles, 30 Ark. L. Rev. 111.
Disposition of Offenders: Under Arkansas' New Criminal Code, 30 Ark. L. Rev. 222.
Wade, Comments: “Fine and/or Imprisonment”: Pauper's Dilemma or Delight? 33 Ark. L. Rev. 378.
U. Ark. Little Rock L.J.
Survey of Arkansas Law: Criminal Law, 4 U. Ark. Little Rock L.J. 189.
Legislative Survey, Criminal Law, 4 U. Ark. Little Rock L.J. 583.
Arkansas Law Survey, Wilson, Criminal Procedure, 7 U. Ark. Little Rock L.J. 191.
Legislative Survey, Criminal Law, 16 U. Ark. Little Rock L.J. 91.
Legislative Survey, Criminal Procedure, 16 U. Ark. Little Rock L.J. 99.
Case Notes
Cited:
Johnson v. State, 331 Ark. 421, 961 S.W.2d 764 (1998); Harness v. State, 352 Ark. 335, 101 S.W.3d 235 (2003).
Subchapter 1
— General Provisions
Publisher's Notes.
For Comments regarding the Criminal Code, see Commentaries Volume B.
Cross References.
Judgment and sentence generally, § 16-90-101 et seq.
Restitution by offender to victim, § 16-90-301 et seq.
Effective Dates.
Acts 1983, No. 409, § 6: July 1, 1983. Emergency clause provided: “It is hereby determined by the General Assembly that certain criminal sentencing statutes are in need of immediate clarification for the more efficient administration of justice in this State. Therefore, an emergency is hereby declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1983.”
Acts 1991, No. 608, § 8: Mar. 19, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that there is considerable confusion concerning the application and effect of sentencing provisions for Class Y felonies, second degree murder, driving while intoxicated and drug related offenses; that amendment of existing provisions is necessary to clarify these provisions; and that this act is immediately necessary to achieve that end for the protection of the public health and safety and, therefore, should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act, being necessary for the preservation of public peace, health and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1993, Nos. 532 and 550, § 13: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the sentencing policies and standards of the State of Arkansas are in need of immediate reform in order to better provide for a balanced correctional system and to better effectuate the rehabilitation of persons convicted of crimes and to make possible their return as useful members of the community and passage of this act is necessary to facilitate these reforms. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect, unless provided for otherwise herein, from and after its passage and approval.”
Acts 2017, No. 539, § 14: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that in light of recent United States Supreme Court decisions in Miller v. Alabama and Montgomery v. Louisiana, more than one hundred persons in Arkansas are entitled to relief under those decisions; and that this act is immediately necessary in order to make those persons eligible for parole in order to be in compliance with Montgomery v. Louisiana. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.
Research References
ALR.
Power of court, during same term, to increase severity of sentence. 26 A.L.R.4th 905.
Power of court to increase severity of unlawful sentence. 28 A.L.R.4th 147.
Sentencing judge's consideration of defendant's perjury or lying in pleas or testimony in present trial. 34 A.L.R.4th 888.
Permissibility of sentence to a fine only, under statutory provision for imprisonment or imprisonment and fine. 35 A.L.R.4th 192.
Am. Jur.
21A Am. Jur. 2d, Crim. L., § 791 et seq.
Ark. L. Rev.
Note, Conley v. State: Mitigation Before Guilt, 45 Ark. L. Rev. 995.
C.J.S.
24 C.J.S., Crim. L., § 1458 et seq.
U. Ark. Little Rock L.J.
DiPippa, Suspending Imposition and Execution of Criminal Sentences, Etc., 10 U. Ark. Little Rock L.J. 367.
Notes of Decisions
Cited in 1
case, 1989–1989 · leading case: Lee v. State, 770 S.W.2d 148 (Ark. Ct. App. 1989).
Lee v. State, 770 S.W.2d 148 (Ark. Ct. App. 1989). · cites it 2ד1977)), proper venue for a conspiracy prosecution is any county where an overt act in furtherance of the conspiracy is alleged to have occurred. Here, not only was there no affirmative showing that no overt act was committed in Randolph County, but the Smiths testified that…”
Annotations are extracted automatically from the opinions in the
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