The Costs of Abusing Probationary Sentences
... any prospect that probation might assist a defendant's rehabilitation and now use it simply as a noose around an offender's neck, waiting for the inevitable violation. Not surprisingly, recidivism and failure to adhere to the technical requirements of probation have created a burgeoning prison popul ...
... any prospect that probation might assist a defendant's rehabilitation and now use it simply as a noose around an offender's neck, waiting for the inevitable violation. Not surprisingly, recidivism and failure to adhere to the technical requirements of probation have created a burgeoning prison popul ...
2003 ABA Guidelines for the Appointment and Performance of
... The objective of these Guidelines is to set forth a national standard of practice for the defense of capital cases in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence by any jurisdiction. ...
... The objective of these Guidelines is to set forth a national standard of practice for the defense of capital cases in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence by any jurisdiction. ...
2 Forensic Science - Phil`s Site
... Quantico, Virginia. The FBI Laboratory assists the investigations of its own Special Agents. The FBI Laboratory will, upon request, analyze evidence that has not already been examined by any duly authorized law enforcement agency or forensic science laboratory. As one of the largest and most compreh ...
... Quantico, Virginia. The FBI Laboratory assists the investigations of its own Special Agents. The FBI Laboratory will, upon request, analyze evidence that has not already been examined by any duly authorized law enforcement agency or forensic science laboratory. As one of the largest and most compreh ...
The Grand Jury and Exculpatory Evidence
... introduce exculpatory evidence, but now according to Williams, this duty no longer exists in the federal grand jury system.5 However, states are not bound by the federal court decision of Williams. In many jurisdictions, statutes require a prosecutor to present exculpatory evidence to the grand jury ...
... introduce exculpatory evidence, but now according to Williams, this duty no longer exists in the federal grand jury system.5 However, states are not bound by the federal court decision of Williams. In many jurisdictions, statutes require a prosecutor to present exculpatory evidence to the grand jury ...
Last Stand? The Criminal Responsibility of War Veterans Returning
... Military training and combat, of course, encourage violent and aggressive behavior. 83 However, such behavior off the battlefield, if unjustified, can result in the individual running afoul of the criminal justice system and lead to the imposition of criminal sanctions. 84 At least some of this crim ...
... Military training and combat, of course, encourage violent and aggressive behavior. 83 However, such behavior off the battlefield, if unjustified, can result in the individual running afoul of the criminal justice system and lead to the imposition of criminal sanctions. 84 At least some of this crim ...
innocent prisoners and newly discovered non
... be sure, every state currently permits at least some form of post-trial relief on the basis of newly discovered evidence.16 All too often, states even have multiple potential remedies for a new evidence claim—including an ordinary motion for a new trial and a collateral, post-conviction procedure17— ...
... be sure, every state currently permits at least some form of post-trial relief on the basis of newly discovered evidence.16 All too often, states even have multiple potential remedies for a new evidence claim—including an ordinary motion for a new trial and a collateral, post-conviction procedure17— ...
Removing the Malice from Federal "Malicious Prosecution": What
... to further true reform. Research shows that the vast majority of wrongful convictions are driven not by malice but by cognitive biases - mental processes that filter information subjectively, causing inaccurate perceptions and objectively unreasonable decisionmaking. Although unintentional and often ...
... to further true reform. Research shows that the vast majority of wrongful convictions are driven not by malice but by cognitive biases - mental processes that filter information subjectively, causing inaccurate perceptions and objectively unreasonable decisionmaking. Although unintentional and often ...
Crime Counting Rules - Central Statistics Office
... (f) There is sufficient admissible evidence (as defined at 4.2) to charge the offender but the Director of Public Prosecutions or relevant District Officer decides that the public interest would not be well served by proceeding with the charge. This would include instances where the criminal offenc ...
... (f) There is sufficient admissible evidence (as defined at 4.2) to charge the offender but the Director of Public Prosecutions or relevant District Officer decides that the public interest would not be well served by proceeding with the charge. This would include instances where the criminal offenc ...
Document
... otherwise, and cross-examine witnesses Requirement of writing: If judicial officer finds detention warranted, must include written findings of fact and a written statement of reasons for the decision to detain. § 3142(i) Appellate review: Detainee entitled to expedited/immediate interlocutory ap ...
... otherwise, and cross-examine witnesses Requirement of writing: If judicial officer finds detention warranted, must include written findings of fact and a written statement of reasons for the decision to detain. § 3142(i) Appellate review: Detainee entitled to expedited/immediate interlocutory ap ...
102527 - Kansas Judicial Branch
... pleads not guilty. "To establish this charge, each of the following claims must be proved: ...
... pleads not guilty. "To establish this charge, each of the following claims must be proved: ...
chapter one: defining and proving crimes
... b. Corpus Delicti —the body of the crime. The fact that a crime has been committed c. Directed Verdict of Acquittal—the trial judge may enter an acquittal whenever a rational jury must conclude that the prosecution failed to prove guilt beyond a reasonable doubt d. Ultimate Issue—the question of whe ...
... b. Corpus Delicti —the body of the crime. The fact that a crime has been committed c. Directed Verdict of Acquittal—the trial judge may enter an acquittal whenever a rational jury must conclude that the prosecution failed to prove guilt beyond a reasonable doubt d. Ultimate Issue—the question of whe ...
formed of its exigency by a statement of the circumstances of two
... forcibly deprived of their liberty, their property, and, in some cases, of their lives, cannot indeed, by the most frivolous or cynical, be considered as otherwise than serious; but the low professional estimate of this branch of legal business is perfectly natural, and, indeed, almost unavoidable. ...
... forcibly deprived of their liberty, their property, and, in some cases, of their lives, cannot indeed, by the most frivolous or cynical, be considered as otherwise than serious; but the low professional estimate of this branch of legal business is perfectly natural, and, indeed, almost unavoidable. ...
formed of its exigency by a statement of the circumstances of two
... defended, and the defence is so uniform, that nothing would be easier than to write out the whole proceedings at length. The great point of it always is, that the prosecutor had been at a great many different public-houses on the night in question, and was so drunk that he did not know what happene ...
... defended, and the defence is so uniform, that nothing would be easier than to write out the whole proceedings at length. The great point of it always is, that the prosecutor had been at a great many different public-houses on the night in question, and was so drunk that he did not know what happene ...
N:\JPorter\AUSA Cook\Robert D. Campbell\Campbell rsp to mtn for
... an aggravated robbery in which the defendant brandished a firearm and robbed a seventeen-year-old of his jewelry, and an aggravated robbery conviction in which defendant Campbell hit Rick Madison in the face with a 9mm pistol and stole his money and other items of value. Finally, the violent nature ...
... an aggravated robbery in which the defendant brandished a firearm and robbed a seventeen-year-old of his jewelry, and an aggravated robbery conviction in which defendant Campbell hit Rick Madison in the face with a 9mm pistol and stole his money and other items of value. Finally, the violent nature ...
Evidence of Sexual Experience
... review the law in Ireland only, but will refer to the position in England and Wales and Canada for the purpose of reform of the restriction in this jurisdiction. The term “sexual behaviour” is now used in England and Wales. In Canada the term used is “sexual activity”. However, when discussing the I ...
... review the law in Ireland only, but will refer to the position in England and Wales and Canada for the purpose of reform of the restriction in this jurisdiction. The term “sexual behaviour” is now used in England and Wales. In Canada the term used is “sexual activity”. However, when discussing the I ...
powerpoint - FM Faculty Web Pages
... defendant committed a prohibited act with the required intent • Burden of proof – The government must prove beyond a reasonable doubt, “every fact necessary to constitute the crime charged” (Winship 1970) – “Beyond a reasonable doubt’ is the highest standard of proof known to the law • Not beyond al ...
... defendant committed a prohibited act with the required intent • Burden of proof – The government must prove beyond a reasonable doubt, “every fact necessary to constitute the crime charged” (Winship 1970) – “Beyond a reasonable doubt’ is the highest standard of proof known to the law • Not beyond al ...
The Trial Process (cont.)
... Judge’s responsibility Provides jury with information about the law Elements of the crime Evidence required for proof Burden of proof required Improper instructions are often the basis for ...
... Judge’s responsibility Provides jury with information about the law Elements of the crime Evidence required for proof Burden of proof required Improper instructions are often the basis for ...
HIGH COURT OF ZIMBABWE
... She had maintained this position in her evidence in chief. It was never suggested that in saying this she was either deliberately misleading the court or that she was genuinely mistaken. The fact that the crime was committed at night alone did not place the identity of the culprit at issue. What con ...
... She had maintained this position in her evidence in chief. It was never suggested that in saying this she was either deliberately misleading the court or that she was genuinely mistaken. The fact that the crime was committed at night alone did not place the identity of the culprit at issue. What con ...
Review of the court systems - Evergreen State College Archives
... Chapter 9: Establishing Probable Cause Preliminary Hearing- a judge decides if the evidence and defendant have enough reason to go to trial. Evidence and witnesses are shared to prove cause and that is called discovery the evidence presented to the judge is accessible to the prosecution and the def ...
... Chapter 9: Establishing Probable Cause Preliminary Hearing- a judge decides if the evidence and defendant have enough reason to go to trial. Evidence and witnesses are shared to prove cause and that is called discovery the evidence presented to the judge is accessible to the prosecution and the def ...
chapter
... Negotiated pleas are guilty pleas and result in conviction. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. ** (most common resolution of a criminal case is through plea bargaining) After a guilty plea has been entere ...
... Negotiated pleas are guilty pleas and result in conviction. Some surveys have found that 90% of all criminal cases prepared for trial are eventually resolved through a negotiated plea. ** (most common resolution of a criminal case is through plea bargaining) After a guilty plea has been entere ...
Searches Without a Warrant
... Too much force could lead to civil action for violation of the Civil Rights Act False Arrest Officer is never liable for false arrest simply because the person was found innocent To make this claim it must be shown that the officer acted maliciously or had no reasonable grounds for suspicion ...
... Too much force could lead to civil action for violation of the Civil Rights Act False Arrest Officer is never liable for false arrest simply because the person was found innocent To make this claim it must be shown that the officer acted maliciously or had no reasonable grounds for suspicion ...
dispute resolution and fact finding methods
... • It gives litigants and their counsel a lot of control over the process of litigation in the manner in which facts are collected and presented, procurement of evidence, the testimony of witnesses etc. • Here the parties have the obligation to assemble their witnesses and present evidence in a manne ...
... • It gives litigants and their counsel a lot of control over the process of litigation in the manner in which facts are collected and presented, procurement of evidence, the testimony of witnesses etc. • Here the parties have the obligation to assemble their witnesses and present evidence in a manne ...
Civil-Criminal Case Process
... The criminal justice process is the system that exists to try people for crimes for which they have been charged. The burden of proof in a criminal case is on the government, and it requires proof of the crime beyond a reasonable doubt. Thus, in order to be convicted of a crime, the government must ...
... The criminal justice process is the system that exists to try people for crimes for which they have been charged. The burden of proof in a criminal case is on the government, and it requires proof of the crime beyond a reasonable doubt. Thus, in order to be convicted of a crime, the government must ...