Category: Criminal Procedure

Blackstone's Criminal Practice 2010

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Article 15 In any of the following circumstances, no criminal responsibility shall be investigated; if investigation has already been undertaken, the case shall be dismissed, or prosecution shall not be initiated, or the handling shall be terminated, or innocence shall be declared: (1) if an act is obviously minor, causing no serious harm, and is therefore not deemed a crime; (2) if the limitation period for criminal prosecution has expired; (3) if an exemption of criminal punishment has been granted in a special amnesty decree; (4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn; (5) if the criminal suspect or defendant is deceased; or (6) if other laws provide an exemption from investigation of criminal responsibility.
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Death "Natural Causes" "Unnatural Circumstances": A True

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Sanctions are not "punishment" (which is one of the ways of distinguishing criminal conduct) therefore resulting in greater social control by bending, without breaking, the constitutional protections in the Bill of Rights. Order of the High Court to be certified to lower court. 356. Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub.
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America's Courts and the Criminal Justice System

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The Tariff Act of 1930, referred to in subsec. (i)(2)(A), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. It must be in the name of the People of the Philippines 3. It is mainly the first and the third kind that concern criminal law. Stands for how much flexibility there is in standby counsel’s role. For the purposes of this Law, the meaning of the following terms shall be as follows: 1. "Investigation" means the specialized investigating work and related compulsory measures carried out according to law by the public security organs and people's procuratorates in the course of handling cases. 2. "A party" means the victim, private prosecutor, crime suspect, defendant or the plaintiff or defendant of an incidental civil action. 3. "A legal representative" means the parents, foster parents or guardian of the person being represented or the representative of the organ or organization responsible for the protection of the person. 4. "Participants in the proceedings" means the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and interpreters. 5. "Agents ad litem" means those persons participating in the proceedings as entrusted by and on the behalf of the victims and their legal representatives and near relatives of cases of public prosecution, and private prosecutors and their legal representatives, as well as those persons participating in the proceedings as entrusted by and on behalf of the parties and their legal representatives of incidental civil actions. 6. "Near relatives" means the husband, wife, father, mother, sons, daughters, and brothers and sisters born of the same parents.
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High Court Case Summaries on Criminal Procedure, Keyed to

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Courts of law and courts of equity thus functioned separately until the writs system was abolished in the mid-nineteenth century. Albert Alschuler's and Stephen Schulhofer's objections are numerous, but most fall into two categories: First, plea bargaining undermines structural safeguards by letting prosecutors usurp the neutral judicial role, letting defense counsel cut corners, and avoiding public trials. 22 One might call this the institutional or adversarial perspective. Section 88 As regards a private prosecution, when the charge is admitted and the defendant is brought before the court, or, in regard to a public prosecution, when the charge is entered in court, the court may, by order, detain the defendant or provisionally release him.
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Crime Prevention

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Right to break door or window to effect search. � The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6) Section 8. C., by eliminating the provision that the crime of rape in the Indian country is to be punished in accordance with the law of the State where the offense was committed, leaving the definition of the offense to be determined by State law, but providing that punishment of rape of an Indian by an Indian is to be by imprisonment at the discretion of the court.
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Convicting Avery: The Bizarre Laws and Broken System behind

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If the defendant satisfies these conditions, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. Said accused has not at any time been convicted of any offense involving moral turpitude. when the accused admits the act or omission charged in the complaint or information. That the facts charged do not constitute an offense. If the accused is not present, the judicial officer may issue an arrest warrant which has to be stated in the report.
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Butterworths Police Law

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If the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried by another jury. After a hearing, the Board may order revocation of parole if it is satisfied, upon substantial evidence, that: (a)The parolee has failed, without a satisfactory excuse, to comply with a substantial requirement imposed as a condition of his parole; and (b)The violation of the condition involves: (i) the commission of another crime; or (ii) conduct indicating a substantial risk that the parolee will commit another crime; (iii) conduct indicating that the parolee is unwilling to comply with proper conditions of parole.
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"Twenty Years in State's Prison"...Through a Judicial

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Powers of Appellate Court in disposing of Appeal: ============================================ According to section (423). ================================================== ================================================== ========== Ans. (1) reverse the finding and sentence. i. and acquit or discharge the accused. alter the nature of the sentence. It does not have factual review power or discretionary authority to reverse in the interests of justice.) The Defendant made a motion pursuant to CPL § 30.30.
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The prisoner at the bar;: Sidelights on the administration

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Section 98 If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person: After twenty years in case of a sentence to death, to imprisonment for life or to imprisonment of twenty years; After fifteen years in case of a sentence to imprisonment of over seven years but not up to twenty years; After ten years in case of a sentence to imprisonment of over one year up to seven years; After five years in case of a sentence to imprisonment of one year downwards or any other punishment.
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Amendments To The Federal Rules Of Criminal Procedure:

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In relation to other matters he shall not visit the accused if the latter is not at liberty. (5) Where defence counsel is excluded, he may not defend other accused persons in the same proceedings either or in other proceedings where such proceedings are based on a criminal offence pursuant to section 129a, also in conjunction with section 129b subsection (1) of the Criminal Code and where exclusion was ordered during proceedings which were also based on such a criminal offence.
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