Category Archives: Criminal Procedure

Indiana Alcoholic Beverage Laws and Rules Annotated With

Format: Perfect Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 5.09 MB

Downloadable formats: PDF

L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. So long as a defendant has something to gain by entering a plea agreement, it is unfair to deny him the choice." 75 Easterbrook's line of argument mistakenly treats innocent defendants as fully informed, autonomous rational actors. I do not propose to give an exhaustive discourse on Criminal Trial Procedure as such but only point out some of the shortcomings and deficiencies which we have been noticing while hearing the appeal etc.
Read more Indiana Alcoholic Beverage Laws and Rules Annotated With

The United States and the International Criminal Court:

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.32 MB

Downloadable formats: PDF

Prior to the 2007 amendment, this rule provided that the time for trial began to run on the date the charge was filed, except when the defendant was held in custody or on bail prior to the filing of the charge, in which case the time for trial began to run on the date of arrest. L. 104–132, which was approved Apr. 24, 1996. 2003—Subsec. (d)(7)(A). However, if the chief medical officer believes continued custody of the defendant at the facility is necessary to ensure the defendant’s safety or the safety of others and states that finding in the report, the court shall make arrangements for the hearing to be conducted as soon as practicable at a suitable place within the facility to which the defendant was committed. e.
Read more The United States and the International Criminal Court:

Active Defence: Lawyer's Guide to Police and Defence

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 12.01 MB

Downloadable formats: PDF

When conducting a search, the person to be searched or his family members, neighbors or other eyewitnesses shall be present at the scene. Section 1404, act July 18, 1956, ch. 629, title II, §201, 70 Stat. 573, granted the United States right to appeal from grant of a motion to suppress in prosecutions involving unlawful exportation or importation of narcotics. A defendant not in custody shall have the right to be present at the examination upon request subject to such terms as may be fixed by the court, but the defendant's failure, absent good cause shown, to appear after notice and tender of expenses in accordance with subdivision (c) of this rule shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
Read more Active Defence: Lawyer's Guide to Police and Defence

Criminal Courts: Structure, Process, and Issues (2nd

Format: Hardcover

Language: English

Format: PDF / Kindle / ePub

Size: 7.96 MB

Downloadable formats: PDF

For more information please see the related links below. A conviction or an acquittal in respect of any offence shall not bar a civil action for damages at the instance of any person who has suffered damages in consequence of the commission of that offence. (1) A court before which criminal proceedings are pending shall investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, the accused or his or her legal adviser, the State or a witness. (2) In considering the question whether any delay is unreasonable, the court shall consider the following factors: (a) The duration of the delay; (b) the reasons advanced for the delay; (c) whether any person can be blamed for the delay; (d) the effect of the delay on the personal circumstances of the accused and witnesses; (e) the seriousness, extent or complexity of the charge or charges; (f) actual or potential prejudice caused to the State or the defence by the delay, including a weakening of the quality of evidence, the possible death or disappearance or non-availability of witnesses, the loss of evidence, problems regarding the gathering of evidence and considerations of cost; (g) the effect of the delay on the administration of justice; (h) the adverse effect on the interests of the public or the victims in the event of the prosecution being stopped or discontinued; (i) any other factor which in the opinion of the court ought to be taken into account. (3) If the court finds that the completion of the proceedings is being delayed unreasonably, the court may issue any such order as it deems fit in order to eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice, including an order- (a) refusing further postponement of the proceedings; (b) granting a postponement subject to any such conditions as the court may determine; (c) where the accused has not yet pleaded to the charge, that the case be struck off the roll and the prosecution not be resumed or instituted de novo without the written instruction of the attorney-general; (d) where the accused has pleaded to the charge and the State or the defence, as the case may be, is unable to proceed with the case or refuses to do so, that the proceedings be continued and disposed of as if the case for the prosecution or the defence, as the case may be, has been closed; (i) the State shall pay the accused concerned the wasted costs incurred by the accused as a result of an unreasonable delay caused by an officer employed by the State; (ii) the accused or his or her legal adviser, as the case may be, shall pay the State the wasted costs incurred by the State as a result of an unreasonable delay caused by the accused or his or her legal adviser, as the case may be; or that the matter be referred to the appropriate authority for an administrative investigation and possible disciplinary action against any person responsible for the delay. (a) An order contemplated in subsection (3)(a), where the accused has pleaded to the charge, and an order contemplated in subsection (3)(d), shall not be issued unless exceptional circumstances exist and all other attempts to speed up the process have failed and the defence or the State, as the case may be, has given notice beforehand that it intends to apply for such an order. (b) The attorney-general and the accused may appeal against an order contemplated in subsection (3)(d) and the provisions of sections 310A and 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals and, in the case of an appeal by the accused, the provisions of section 309 and 316 shall apply mutatis mutandis. (a) the costs shall be taxed according to the scale the court deems fit; and (b) the order shall have the effect of a civil judgment of that court. (6) If, on notice of motion, it appears to a superior court that the institution or continuance of criminal proceedings is being delayed unreasonably in a lower court which is seized with a case but does not have jurisdiction to try the case, that superior court may, with regard to such proceedings, institute the investigation contemplated in subsections (1) and (2) and issue any order contemplated in subsection (3) to the extent that it is applicable. (a) The National Director of Public Prosecutions must, within 14 days after the end of January and of July of each year, submit a report to the Cabinet member responsible for the administration of justice, containing the particulars indicated in the Table of Awaiting Trial Accused in respect of each accused whose trial has not yet commenced in respect of the leading of evidence, as contemplated in section 150 and who, by the end of the month in question, has been in custody for a continuous period exceeding- (i) 18 months from date of arrest, where the trial is to be conducted in a High Court; (ii) 12 months from date of arrest, where the trial is to be conducted in a regional court; and (iii) six months from date of arrest, where the trial is to be conducted in a magistrate's court. (b) The Cabinet member responsible for the administration of justice must, within 14 days of receipt of a report contemplated in paragraph (a), table such report in Parliament.
Read more Criminal Courts: Structure, Process, and Issues (2nd

California Advance Legislation for Law Enforcement

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 8.37 MB

Downloadable formats: PDF

In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States. L. 101–73, title IX, §962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 109–162, which directed the general amendment of “section 921(33)(A)(i) of title 18”, was executed to par. (33)(A)(i) of subsec. (a), to reflect the probable intent of Congress. Section 85 Whoever propagates or publishes to the general public to commit an offence and such offence being punishable with imprisonment of not less than six months, shall be liable to one-half of the punishment provided for such offence.
Read more California Advance Legislation for Law Enforcement

Chemical Dependency (Opposing Viewpoints)

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 5.96 MB

Downloadable formats: PDF

L. 94–467 added subsec. (b), redesignated former subsec. (b) as (c), and struck out reference to section 1116(c) of this title. 2000—Pub. First-year students may get hands-on experience by serving as prosecutors or defense attorneys in the university's Traffic Court, which handles all appeals from on-campus traffic citations. You can plead: If you don’t wish to go to trial, you can try resolving your case with a plea bargain. No penal punishment shall be imposed on any person except in connection with a forbidden and punishable act, whether under Shari’ah principles or under statutory laws, and after the person has been convicted pursuant to a final judgment rendered after a trial conducted in accordance with Shari’ah principles.
Read more Chemical Dependency (Opposing Viewpoints)

Investigative Interviewing: The Conversation Management

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 13.16 MB

Downloadable formats: PDF

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. As well as being potentially eligible for our postgraduate scholarships, International students can also benefit from a range of scholarships just for them.
Read more Investigative Interviewing: The Conversation Management

Arizona DUI Defense: The Law and Practice, Second Edition

Format: Print Length

Language: English

Format: PDF / Kindle / ePub

Size: 6.23 MB

Downloadable formats: PDF

Others may prefer to work more hours so that they can claim larger fees (when fees are computed on an hourly basis). Documents or other records may be read or otherwise examined only to the extent necessary for such purposes, including identity checking and ensuring the physical well-being of the person arrested. CANE GUN ........................................ 24410-24490 CHAPTER 5. Similarly the Penal Code ( XLV of 1860) that was introduced in colony is still largely followed in shape of Pakistan Penal Code.
Read more Arizona DUI Defense: The Law and Practice, Second Edition

Defending Drinking and Driving Cases 2001

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 10.52 MB

Downloadable formats: PDF

One judge estimated that while he has balked at no-contest pleas for ten years, only one or two defendants have gone to trial rather than admit guilt. The research project and dissertation are supervised by your tutor. Section�138 of the Criminal Code shall remain unaffected. (1) The spouse or civil partner of a defendant shall be admitted to the main hearing to give assistance in the defence and shall be heard upon his or her request.
Read more Defending Drinking and Driving Cases 2001

A Primer on Crime and Delinquency Theory

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 11.83 MB

Downloadable formats: PDF

Article 4 State security organs shall, in accordance with law, handle cases of crimes that endanger State security, performing the same functions and powers as the public security organs. The remaining subsections were redesignated. (a) If a search warrant is not executed, the officer shall return the warrant to the issuing judicial officer within a reasonable time, not to exceed sixty (60) days from the date of issuance, together with a report of the reasons why it was not executed.
Read more A Primer on Crime and Delinquency Theory