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46.1910 Role of court in sentencing-Effect of Ifoga ceremony.

Cite as [A.S.C.A. § 46.1910]

(a) Upon a finding of guilt upon verdict or plea, except as provided in 46.3513, the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances, having regard to the nature and circumstances of the offense and the history and character of the defendant, and render judgment accordingly.

(b) In deciding the extent or duration of sentence or other disposition to be imposed, the court may, in addition to the factors included in subsection (a), reduce the extent or duration of the sentence or other disposition if the court finds that an ifoga ceremony has been performed.

(1) “Ifoga” means the Samoan custom of public apology.

(2) In deciding the extent or duration of sentence or other disposition to be imposed when an ifoga ceremony has been performed, the court may reduce the level of the crime by a maximum of 1 classification from the classification upon which judgment of guilt has been entered following a plea of guilty or trial.

History: 1979, PL 16-43 § 2.

Case Notes:

Mandatory application of subsection (c) 15 ASC 5005 inoperative due to young ace of defendant and prior satisfactory performance while in custody. Government v. Tuiiau. ASR (1977).

Research Guide: MCC 557.036. 15 ASC 5004, 15 ASC 5005, 15 ASC 6401.