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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 ...
... "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 ...
... 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 ...
... 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 ...
... 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 ...
... 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 A. INTRODUCTION ............................................................................................................................................................. 15 ...
... CHAPTER THREE: INVESTIGATION AND CHARGING ...............................................................................15 A. 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 ...
... 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 ...
... 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 ...
... 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 ...
Crim Reviewer
... 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 ...
... 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 successfu ...
... 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 successfu ...
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 ...
... 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. ...
... 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 ...
... 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 info ...
... 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 info ...
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 ...
... (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 Law. The pending cases before courts of assize carrying out their duties under provisional article 2 of the Law numbered 6352 ...
... 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 Law. 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 ...
... 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: [2005] EWCA Crim 2864](http://s1.studyres.com/store/data/009100335_1-fae1f78558f315ed0e6fa74f2f321a97-300x300.png)
Neutral Citation Number: [2005] 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 ...
... 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 ...
... 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 ...
... 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 ...