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Governor Smith is concerned with the crime rates in his state. He calls a special session of his cabinet and also contacts a few of the state senators to initiate a special session of Congress. Governor Smith wants to specifically address his states sentencing strategies. The lawmakers have their differences of opinion. One thing they certainly agree on is the fact that there are particular crimes with specific circumstances where the offender should serve time in prison. Specifically, the legislature wants to prohibit any defendant convicted of the crimes of aggravated assault, sexual assault, and any manslaughter or murder charge from being placed on probation. This type of sentence is referred to as:
Federal Preemption
A legal doctrine allowing federal law to take precedence over conflicting state laws.
Literal Conflict
A situation where two or more laws, provisions, or legal texts directly contradict each other, making it impossible to comply with both simultaneously.
Persuasive Regulation
Regulations or guidelines that aim to influence behavior or decisions without imposing mandatory legal obligations.
General Welfare
Refers to the common well-being or general health, happiness, and safety of the public that governments aim to promote and protect.
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