Category: Criminal Procedure

European Penology? (Oñati International Series in Law and

Format: Print Length

Language: English

Format: PDF / Kindle / ePub

Size: 13.34 MB

Downloadable formats: PDF

DEMURRER TO EVIDENCE Filed after the prosecution rests its case Based upon the inadequacy of the evidence adduced by the prosecution in support of the accusation 25 Governed by Rule 119 It is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of proper penalty and civil liability. Article 61 Public security organs may initially detain an active criminal or a major suspect under any of the following conditions: (1) if he is preparing to commit a crime, is in the process of committing a crime or is discovered immediately after committing a crime; (2) if he is identified as having committed a crime by a victim or an eyewitness; (3) if criminal evidence is found on his body or at his residence; (4) if he attempts to commit suicide or escape after committing a crime, or he is a fugitive; (5) if there is likelihood of his destroying or falsifying evidence or tallying confessions; (6) if he does not tell his true name and address and his identity is unknown; and (7) if he is strongly suspected of committing crimes from one place to another, repeatedly, or in a gang.
Read More European Penology? (Oñati International Series in Law and

Criminal Procedure: Cases and Materials

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 10.99 MB

Downloadable formats: PDF

An accused party’s basic rights in the Criminal Procedure: The majority of developed or democratic nations incorporate a rule of law that delivers undeniable rights to the accused party. Human Rights in Criminal Proceedings (Oxford; New York: Oxford University Press, 2005). Under Amendment five, they cannot testify in a manner that would incriminate themselves and they have a right to due process under the law.
Read More Criminal Procedure: Cases and Materials

Pines : The Wayward Pines Series Book 1 -- A Great Summary

Format: Print Length

Language: English

Format: PDF / Kindle / ePub

Size: 12.38 MB

Downloadable formats: PDF

Ed law enforcement legislative legislatures mens rea misdemeanor murder offense ordinance person police officers possession pretrial prison probable cause probation procedures prohibited proscribing prosecution prosecutor protect provides punishment rape reasonable robbery S. US: Telephone monitoring constitutes a search and seizure. Cops put a secret microphone on a friend of his and he confessed. L. 103–322, §320103(d)(1), inserted “from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill” after “death results”.
Read More Pines : The Wayward Pines Series Book 1 -- A Great Summary

Criminal Justice: A Brief Introduction (Annotated

Format: Paperback

Language:

Format: PDF / Kindle / ePub

Size: 8.01 MB

Downloadable formats: PDF

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted— Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
Read More Criminal Justice: A Brief Introduction (Annotated

Debates in Criminal Justice: Key Themes and Issues

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 11.36 MB

Downloadable formats: PDF

Available online via SpringerLink and MetaPress. If the court is satisfied from a motion for a change of judge and the evidence introduced in support of the motion that prejudice exists on the part of the judge, the chief judge shall name a new presiding judge. Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. Factors relevant, but def must make SPECIFIC showing cannot just rely on generalizations/factors. (on remand lower court found ineff council) Lack of time cannot be major consideration. plea agreement not being honored or argued by defs council. allegations of drunkenness not enough to show ineff.
Read More Debates in Criminal Justice: Key Themes and Issues

Captured!: Inside the World of Celebrity Trials

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.12 MB

Downloadable formats: PDF

At the same time a coercive fine shall be imposed on him and if the fine cannot be collected, coercive detention shall be ordered. (2) Detention may also be ordered to force a witness to testify; such detention shall not, however, extend beyond the termination of those particular proceedings, nor beyond a period of six months. (3) The judge in the preliminary proceedings and any commissioned or requested judge shall also have the authority to order such measures. (4) Where these measures have been exhausted they may not be repeated in the same proceedings or in other proceedings, if the same offence is the subject of the proceedings.
Read More Captured!: Inside the World of Celebrity Trials

The Invisible Woman: Gender, Crime, and Justice (Wadsworth

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 12.89 MB

Downloadable formats: PDF

FALSE PERSONATION AND CHEATS ......................... 528-539 CHAPTER 10. L. 108–458, enacting section 1038 of this title, amending sections 1001, 1505, and 1958 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Stop Terrorist and Military Hoaxes Act of 2004’.” Pub. At common law, a defendant could ask the court to impose a merciful sentence without confessing guilt and without estopping himself from later pleading not guilty on the same facts. 26 In modern times, this became the formal plea of nolo contendere, which admits guilt for purposes of the present case but creates no estoppel. 27 Today, the Federal Rules of Criminal Procedure allow defendants to plead nolo contendere with the permission of the court. 28 Most states likewise allow nolo contendere pleas (sometimes called no contest), though in many states these pleas require the court's consent. 29 Defendants now have another way to plead guilty without admitting guilt: the Alford plea.
Read More The Invisible Woman: Gender, Crime, and Justice (Wadsworth

Cases and Materials on Criminal Procedure (American Casebook

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 6.89 MB

Downloadable formats: PDF

Bill of particulars. — The court may direct the filing of a bill of particulars. At the conference there is an exchange of views, and the Court will typically suggest ideas to attempt a resolution. If the defendant is in custody, the order shall direct that he be forthwith delivered to the custody of the sheriff of the county in which is located the court to which the proceeding is transferred. Defendant must have believed or been aware: (i) that the circumstances existed; or (ii) that the conduct was of that nature.
Read More Cases and Materials on Criminal Procedure (American Casebook

May God Have Mercy: A True Story of Crime and Punishment

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 6.21 MB

Downloadable formats: PDF

As a famous Justice of the Supreme Court once said, "I would rather have 100 murderers walk free on a technicality than have one innocent man spend the rest of his life in prison." A second arrest for the same or similar offense could make it very difficult to argue your innocence in either case, and, if you are out on bail, the judge has the authority to deny you bail for a second arrest. Includes sections on criminal procedure at pages 1173-1281.
Read More May God Have Mercy: A True Story of Crime and Punishment

The Florida Postconviction Journal - Volumes 1 and 2

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 14.49 MB

Downloadable formats: PDF

The shift of burden of proof might change as the suit progresses in the case of a civil litigation provided the plaintiff has made a prima facie case. Their liability may be enforced on motion without the necessity of an independent action. Appointed appellate counsel’s compensation shall be determined by the trial court pursuant to the provisions of Iowa Code section 815.7. [Report 1980; November 9, 2001, effective February 15, 2002] Rule 2.32 - Form 1: Application for Appointment of Counsel and Financial Statement.
Read More The Florida Postconviction Journal - Volumes 1 and 2