Conviction and Sentencing of Offenders in New
... on New Zealand criminal court proceedings and sentencing, and is recognised as part of the
Tier 1 statistics in Statistics New Zealand’s official statistics programme.
The Ministry of Justice is committed to supplying high quality policy advice on a range of
criminal justice issues, and this report ...
2003 ABA Guidelines for the Appointment and Performance of
... providing counsel in death penalty cases should be to ensure the
provision of “quality legal representation.” The language has been
amended to call for “high quality legal representation” to emphasize
that, because of the extraordinary complexity and demands of capital
cases, a significantly greater ...
- Sentencing Law and Policy
... In United States v. Booker, 125 S.Ct. 738, 2005 WL 50108 (Jan. 12, 2005), the Supreme
Court held that the sentencing guidelines are advisory only, not mandatory. The other factors set
forth in 18 U.S.C. § 3555 (a) must also be considered in fashioning the appropriate sentence. See
United States v. A ...
Systém ASPI - stav k 7.10.2011 do čiastky 100/2011 Z.z.
... petitions affecting the performance of such obligations into account.
(7) Every person has the right for their criminal case to be heard by an independent and impartial court, fairly and in a
reasonable period in their presence, so that they can comment on all the performed evidence, unless this Act ...
Last Stand? The Criminal Responsibility of War Veterans Returning
... "mental status defense." 23
When PTSD was first used as a basis for insanity defenses, in the wake of the
relatively unpopular Vietnam War, these defenses enjoyed little success.24 However,
following the more broadly supported recent conflicts in Iraq and Afghanistan, along
with society's increased ...
The Lost Meaning of the Jury Trial Right
... Jones v. United States18 was the first sentencing case in which the Court began to
rely on the history of the jury to support the jury’s more expansive role. One of the
chief concerns in Jones was to determine the history and boundaries of the
constitutional safeguards for fact-finding procedures, p ...
Forensic Mental Health Legal Issues
... mental health evaluation under the LPS Act). Penal Code § 1367.1. Note,
however, that the Second District Court of Appeal has held that this
provision violates the constitution’s Equal Protection clause because felony
defendants are not required to undergo the same evaluation and treatment
before IS ...
Cuyahoga County Common Pleas Court Local Rules
... throughout the Conference. Regular sessions of Court, including all hearings, arraignments and
trials, except those determined by a Judge of this Court, in consultation with the Presiding
Judge, to require immediate attention shall be suspended throughout the time the Conference
is in session.
(3) S ...
The New Mexico Sexual Assault Benchbook
... Education Center, primarily on-call Senior Attorney Laura Bassein. This benchbook is
modeled on, and partially draws from, a sexual assault benchbook published by the Michigan
Judicial Institute, which graciously permitted this use. The Judicial Education Center
gratefully acknowledges the wealth of ...
Prosecutors` Domestic Violence Handbook
... CHAPTER THREE: INVESTIGATION AND CHARGING ...............................................................................15
INTRODUCTION ............................................................................................................................................................. 15 ...
Presentence Custody Credits - Central California Appellate Program
... client has received more credit than he or she should have). The Courts of Appeal
routinely check presentence custody credits when cases are reviewed and you do not want
the court to find a mistake that you did not find, especially one that is an adverse
consequence for your client and results in a ...
The Grand Jury and Exculpatory Evidence
... grand jury indictment as a “rubber stamp” for the prosecutor’s charging decisions.39
At the same time the protective function of the grand jury has been challenged,
courts have emphasized the accusatory function of the grand jury, holding that the
purpose of the grand jury is to determine whether pr ...
The Effect of Plea Bargaining Vs. Trial Conviction
... removed entirely by the mandatory minimums, prosecutors found it necessary to allow
defendants to plea to a lesser charge in order to get the lesser sentence. He notes that
many have argued that when a guilty person plea bargains to a lesser charge, it permits
the defendant to escape the legal conse ...
... case exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person under Philippine law other than the establish ...
Courts of Justice Act - O. Reg. 721/94
... Substituted service or dispensing with service
(3) Where, on motion without notice, it appears to a judge that reasonable efforts have been made without success to give
or deliver a notice or document in the manner required by these rules or the Act, or that reasonable efforts would not be
Jury Unanimity in California: Should it Stay or Should it Go
... In 1989 Erik and Lyle Menendez gunned down their parents in
the family's Beverly Hills mansion. Both brothers confessed to the
killings.2 Prosecutors characterized the brothers as cold-blooded
killers motivated by greed, while the defense argued that the brothers
acted in self-defense.3 Result: Afte ...
Appendix 4 - Institutional Research and Effectiveness
... 24. Which of the following has contributed to the way scientific and technology-based evidence
is introduced at trial?
a. The introduction of expert testimony.
b. The widespread use of DNA evidence.
c. The use of eye witness testimony.
d. The introduction of electronic eavesdropping evidence.
Gideon v. Wainwright – From a 1963 Perspective
... 22. See Israel, supra note 21, at 253. The conference notes on Gideon, reproduced in THE
SUPREME COURT IN CONFERENCE (1940–1985) 502–03 (Del Dickinson ed., 2001), indicate that
Justice Brennan viewed Gideon as a selective incorporation case, as he referred to incorporation
and to his article on sele ...
Part 3--Massachusetts Rules of Criminal Procedure
... by the police, whether or not known at the time of arrest.
The police shall present the information under oath or affirmation, or under the pains and penalties of perjury. The
police may present the information orally, in person or by
any other means, or in writing. If presented in writing, the
LEG-160010 251.79 KB – Click to open
... (2) Notwithstanding the provisions of subsection (1) a magistrates' court shall not be held at a
place that is not regularly or customarily used for such a purpose unless public notice has
previously been given of the intention to use the same for such a purpose, and the Chief Justice
may, by order ...
Part II. Criminal Procedure Law in Turkey Prof. Dr. Feridun Yenisey
... Article 10 of the Anti-Terror Law which is repealed by this Law shall be turned over to
the competent Chief Public Prosecutors Offices on the date of entry into force of this
The pending cases before courts of assize carrying out their duties under
provisional article 2 of the Law numbered 6352 ...
The Exclusionary Rule: Is a Good Faith Standard
... 9. The idea that the litigation of search and seizure issues is in some degree collateral to
the criminal proceeding itself has persisted in large part to this very day. For example, rule
12(b) of the Federal Rules of Criminal Procedure requires that "[m]otions to suppress evidence"
be raised prior ...
Neutral Citation Number:  EWCA Crim 2864
... more (section 224(2)(b)). If serious, it may attract life imprisonment or imprisonment
for public protection for an adult (section 225) or detention for life or detention for
public protection for those under 18 on the day of conviction (section 225). It will
attract such a sentence if the court is ...
Q1 - Comite Maritime International
... and crew members may incur criminal liability.
Crimes are generally investigated by the police, prosecuted by the prosecution service and tried by the courts.
However, in the case of violation of rules established under the provisions of the SSA concerning certain log books related to the preventio ...
Learning Objectives - Texas Municipal Courts Education Center
... Prosecutor, City of Boerne; Assistant City Attorney, City of Grey Forest
1. Enhancement: What is it? Enhancement is a creature of statute, but
is not defined by statute. However, generally when we speak of
enhancement, we refer to increasing the punishment for a particular
offense because of circums ...
Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means ""in the past"" in French), meaning the defendant has been acquitted or convicted of the same offence and hence that they cannot be retried under the principle of double jeopardy.If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries, including Canada, Mexico and the United States, the guarantee against being ""twice put in jeopardy"" is a constitutional right. In other countries, the protection is afforded by statute.