Category Archives: Criminal Procedure

Flawed Convictions: "Shaken Baby Syndrome" and the Inertia

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A stop is not the same as an arrest. A stop occurs when a police officer detains you to ask you questions, but does not move you to a different location. Section 58 The courts shall be given the power to issue the orders or criminal warrants inside their districts, subject to the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. If a negotiated agreement (Section 257c) has preceded the judgment, a waiver shall be excluded.
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Interrogating Young Suspects: Procedural Safeguards from a

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Evidence of the conviction of a witness for an offense not involving dishonesty or false statement shall be inadmissible for the purpose of impairing his credibility. 2. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331 of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), 10 years (in the case of the first or second such offense, if the offense was not committed to facility such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in third par. 1994—Pub.
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Emanuel Law Outlines (Criminal Procedure)

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The question I have is exactly how does law enforcement know if the young people are in the presence of known gang members? L. 101–647, §2597(j)(2), which directed substitution of a semicolon for a period at end of subpar. (G), could not be executed because it ended with a semicolon. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. What are indictable and non-indictable charges? In New Jersey, indictable offenses are leveled against an alleged criminal offender that exposes him or her to more than 6 months of incarceration while alleged offenders of non indictable offenses - disorderly persons and petty disorderly persons offenses - are generally exposed to less than six months of jail.
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Condemned: Letters from Death Row

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L. 104–132, §721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.” 1994—Subsec. (a). The use of $50 as the dividing line between felonies and misdemeanors originated at a time when that sum was of much greater value than $100 is now.
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Criminal Procedure From Arrest To Appeal (The Judicial

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Issuance. — If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Although a judge in a criminal case may occasionally call a witness and is permitted to ask questions of witnesses, by tradition the role of the judge is that of a neutral referee between the prosecution and the defense.
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International Criminal Law Practitioner Library: Volume 1,

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Whoever designs, engraves, prints, makes, or executes, or utters, issues, distributes, circulates, or uses any business or professional card, notice, placard, circular, handbill, or advertisement in the likeness or similitude of any obligation or security of the United States issued under or authorized by any Act of Congress or writes, prints, or otherwise impresses upon or attaches to any such instrument, obligation, or security, or any coin of the United States, any business or professional card, notice, or advertisement, or any notice or advertisement whatever, shall be fined under this title.
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Virginia Search and Seizure for Law Enforcement Officers

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If a defendant's involuntary intoxicated condition causes a criminal act, the defendant will not be convicted if, because of the intoxication, he or she is unable to appreciate the criminality of the conduct. That judgment does not preclude the refiling of the case when the legal requirements have been satisfied. For more information please see the related links below. The decision shall not be contestable. (4) The public prosecution office shall decide whether to grant inspection of the files in preparatory proceedings and after final conclusion of the proceedings; in other cases the presiding judge of the court seized of the case shall give this decision.
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Under The Banner Of Justice

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An official bearing the duty to receive denunciations may not make a note of any denunciation in the following events: (1) When the denunciator refuses to disclose his identity. (2) When the denunciation is anonymous. Acker, JD, PhD, Distinguished Teaching Professor, School of Criminal Justice, University at Albany, New York Criminal Procedure: A Contemporary Perspective, Third Edition provides a comprehensive introduction to the rules and principles of criminal procedure law.
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Cases and Materials on Terrorism, Three Nations' Response

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Requests for a severance of charges or defendants. f. Trying to avoid convicting an innocent defendant at all costs, the law only permits the prosecution to overcome the defendant's presumption of innocence if they can show the defendant's guilt beyond a reasonable doubt. The seizing officer shall make a report of the seizure and take samples as the Attorney General may by regulation prescribe. (3) Within 60 days after any destruction made pursuant to paragraph (2), the owner of (including any person having an interest in) the property so destroyed may make application to the Attorney General for reimbursement of the value of the property.
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Annotated Leading Cases of International Criminal Tribunals

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If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. (Again, see Acquittals by Judges in Jury Trials. Supreme Court has ruled that the use of thermal-imaging devices constitutes a "search" within the meaning of the Fourth Amendment, and thus their use is presumptively unreasonable without a warrant. In yet other cases, the defendant may be found “sane” in the legal sense and sent to prison.
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