Category Archives: Criminal Procedure

Ohio Criminal Law and Motor Vehicle Handbook

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If it is more appropriate, the people's court at the defendant's place of residence may have jurisdiction. Each class will focus on a different theme involving the interaction of law, science and technology, using a specific case study. Section 97 Where a search is to be conducted upon a warrant thereof, the official designated therein, or the person serving ad interim as such official who shall only be an administrative official ranking from third class or a police official ranking from police sub-lieutenant, shall be the chief official responsible for the enforcement of such warrant.

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Latvia Criminal Laws, Regulations and Procedures Handbook:

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Without a concept of double jeopardy, a defendant would be in "interminable jeopardy." One of the officers shined his flashlight into a tear in the plastic and observed marijuana plants inside. Rule 59. whether such action has been suspended by the subsequent institution of the criminal action (Se3c. To the Supreme Court. c. on appeal. the application shall only be made in the court where the criminal action is pending. b. The Cable Communications Policy Act of 1984, referred to in subsec. (c), is Pub.

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The Death Penalty: A Reference Handbook (Contemporary World

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Then there is, in each province, a Court of Appeal. L. 95–598 not to affect the application of chapter 9 (§151 et seq.), chapter 96 (§1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 86–634, §3, July 12, 1960, 74 Stat. 469, added items 1164 and 1165.

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Criminal Procedure: A Case Approach

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App. 3/26/2009), in which the court found a depraved indifference assault charge to be duplicitious when it alleged: striking [victim] about the head and body with fists and/or a baseball bat and/or a hammer; and/or burning said person with a frying pan; and/or scalding said person with hot water; and/or placing a vacuum cleaner hose on said person's genital area; and/or providing inappropriate and/or inadequate nutrition; and/or subjecting said person to inadequate and/or inappropriate living conditions; and/or failing to seek medical attention.

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2001 Supplement to Criminal Process (University Casebook

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Section 134/2 The provisions of section 133 bis shall mutatis mutandis apply to the inquiry of an accused being a child not yet over its eighteenth year. L. 101–647, title XXXV, §3513, Nov. 29, 1990, 104 Stat. 4922, substituted “or paper used as money.” for “used as money or similar to coins” in item 491, “matters” for “entry certificates” in item 496, and “stamps, postage meter stamps,” for “stamps” in item 501. 1986—Pub. An instrument liable to stamp duty shall not be held inadmissible at criminal proceedings on the ground only that it is not stamped as required by law.

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White Collar Crime: Cases, Materials, and Problems, (2015)

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The public prosecution office shall transmit the files to the public prosecution office at the court hearing the appeal. Where the search is for the purpose of arresting an atrocious person or seriously wanted outlaw, it may be performed in nighttime, but special permission of the court must be obtained according to the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. R45, Gazette No. 33550, dated 10 September 2010]. Hensley [NOTE]: Terry stops are a search and seizure, but are under exception to warrant requirement. [NOTE]: Officer can gain suspicion either before he approaches or during discussion.

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Wrongful Convictions: Cases and Materials - First Edition

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The single most important advice I give my clients is to keep their mouths shut. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. MEDICAL PAROLE ......................................... 3550 TITLE 3. Judge can reduce sentence below recommendation by prosecutor in plea deal. "We conclude that where, as here, a judge acts on his own timely motion to revise or revoke a sentence, the judge has the authority to reduce a sentence where "it appears that justice may not have been done" regardless whether a plea agreement includes an agreed sentence recommendation."

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Juvenile Justice (with InfoTrac)

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This means that to further investigate, the law enforcement officer then needs probable cause that a particular person can be tied to a particular crime. Such a warrant shall be served personally upon the grantee of the pardon and shall authorize his incarceration in any detention facility designated by the Board. Motion to dismiss. — A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge.

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Banks on Sentence 2015: Volume 2

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Over the last few decades, there has developed in the legal literature a recognition of this, and other similar syndromes, in the context of homicide cases. Article 19: Basic level people's court have jurisdiction over the first-instance trial of ordinary criminal cases, with the exception of those where the intermediate people's courts have jurisdiction under this law. She presents training sessions for municipal clients relative to zoning and land use, the Metro Act, municipal civil infractions, drunk driving laws, and criminal law updates.

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Texas Criminal and Traffic Law Manual, 2015-2016 Edition

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It is critical that the moral force of the criminal law not be diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned." 92 In other words, the system must not only be accurate to protect innocent defendants from injustice, but must also be seen as accurate and fair to secure the community's confidence. Covers England, France, Germany, Italy, the Netherlands, Poland, Sweden (and other Nordic countries), Europe generally, and the U.

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