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Category: Criminal Procedure

Among the Lowest of the Dead: The Culture of Capital

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In Payton, the US Supreme Court held a New York statute unconstitutional under the Fourth Amendment. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. However, he did not obtain an affirmation from his previous attorney. This kind of moral argument is almost unheard of in proceduralist literature, a clue that procedure is adrift from the moral moorings of the substantive criminal law. Typically, discovery periods involve the exchange of any information or evidence a prosecutor intends to use against a defendant during trial, which may include: Witness, law enforcement, and even defendant testimony, as well as the names, addresses of all intended witnesses at a given trial Police reports, written or oral testimony from witnesses, booking reports, toxicology results from defendants, and DNA evidence offered by defendants The distinguishing characteristic between “raw evidence” and other information potentially coming out from a prosecutor’s office is that the evidence is presented as is.

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The law of criminal procedure: An analysis and critique

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Be aware that if you have a new trial in the Circuit Court, the judge in the Circuit Court may give you MORE jail time, or a higher fine, than what you received in District Court. When a person is arrested for a felony in New York State, the individual must be indicted by a grand jury before the state is allowed to take a defendant to trial for a crime. Features an easy-to-read format and logical progression of the material, in that it is organized in accordance with the manner in which the police investigate crime and proceed to arrest suspects.

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Cases and readings on criminal law and procedure

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A criminal trial is a very serious matter. Please read substantive law for further details on that subject. Someone is missing, the police get a lead and they grab the person suspected of doing it. Linda is treated at the hospital for her injury, and when she is released, Colin arrests her and transports her to the police station. L. 90–351, set out in the Appendix to this title, and enacting provisions set out as notes under this section] shall become effective one hundred and eighty days after the date of the enactment of this Act [May 19, 1986].

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Combating Economic Crimes: Balancing Competing Rights and

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Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law— Shall be fined under this title or imprisoned not more than 20 years, or both.

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All Alone in the World: Children of the Incarcerated

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Detained criminal suspects or defendants may also have their guardian or close relatives retain a defender on their behalf. In order to facilitate fairness, the laws provide that prosecutors provide the defense with any evidence that may potentially benefit defendants as well during the discovery period. Model criminal laws promulgated by the American Law Institute. Such a temporary order shall expire not more than 14 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.

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Tribal Criminal Law and Procedure (Tribal Legal Studies)

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After the defendant has made his final statement, the presiding judge shall announce an adjournment, and the collegial panel shall conduct deliberations and render one of the following judgments on the basis of the facts and evidences already ascertained and relevant provisions of laws: 1. a judgment of guilty if facts of the crime are clear, the evidence is reliable and sufficient, and the defendant is found guilty according to law; 2. a judgment of innocence if the defendant is found innocent according to law; or 3. a judgment of innocence for lacking of evidence and crime accused not able to be determined if the evidences are so insufficient that the defendant cannot be found guilty.

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Criminal Justice in Action: The Core, By Gaines, Study Guide

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At that time, the case is presented to the grand jury — a group of 5 to 8 citizens chosen by the Clerk and the Judge. We may choose to have you testify, but the jury is not allowed to hold it against you if you don’t. Article 241:Parties or their legal representatives and close representatives may raise an appeal to a people's court against a judgment or ruling that has already taken effect, but cannot stop the enforcement of the judgment or ruling. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or offenses.

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Introduction To Homeland Security: Policy, Organization, and

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Upon their becoming effective, the Secretary shall publish and provide to all licensees a compilation of the State laws and published ordinances of which licensees are presumed to have knowledge pursuant to chapter 44 of title 18, United States Code, as amended by this Act. Sealed records. — Records, orders and subpoenas relating to grand jury proceedings shall be kept under seal to the extent and for such time as is necessary to prevent disclosure of matters occurring before a grand jury.

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Rwanda Criminal Laws, Regulations and Procedures Handbook:

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Commencement date of section 41(a) in so far as it adds paragraph (i) to section 276(1) in respect of certain Magisterial Districts as indicated: 1 June 1992 [Proc. Of course, criminal law does not live up to its ideals. L. 110–177 added par. (1) and struck out former par. (1) which read as follows: “An assault in violation of this section shall be punished as provided in section 111 of this title.” 2002—Subsec. (b)(2). L. 85–699, title VII, §702(a)–(c), 72 Stat. 698; Aug. 18, 1959, Pub.

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Research Methods For Criminology & Criminal Justice

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The accused through his counsel is allowed to cross-examine these witnesses. The Attorney General, the Secretary of the Treasury, or the Postal Service may order the discontinuance of any forfeiture proceedings under this section in favor of the institution of forfeiture proceedings by State or local authorities under an appropriate State or local statute. Article 241:Parties or their legal representatives and close representatives may raise an appeal to a people's court against a judgment or ruling that has already taken effect, but cannot stop the enforcement of the judgment or ruling.

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