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Criminal Justice (Speedy Study Guides)

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Language: English

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Minor changes were made in phraseology. 1994—Pub. A commutation decreases or suspends an inmate's sentence. Accreditation of Prior Learning (APL) is the name given to the process of gaining credit towards a qualification because of something you have learnt in the past. If a case will be submitted without argument, the clerk will notify the parties of the date of submission. Another section 1118 was renumbered section 1122 of this title. .—In this section, “national of the United States” has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.

Preparing for Duty

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Language: English

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Look at the increasing stakes of a complainant and the risk to the witnesses in prosecuting the criminal, all over the world. Admission of a confession made in custody. If an expert intentionally makes a false verification, he shall assume legal responsibility. L. 107–296, §1112(e)(3), substituted “Attorney General” for “Secretary” in two places. As part of the reading of your Miranda rights, you must be informed that: If you have spoken to police, you can stop at any time.

Criminal Law and Procedure for Legal Professionals by John

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L. 104–191, title II, §241(b), Aug. 21, 1996, 110 Stat. 2016, which directed the amendment of the table of sections at the beginning of chapter 2 of this title by inserting item 24, was executed by inserting item 24 in the table of sections at the beginning of this chapter, to reflect the probable intent of Congress. 1994—Pub. Noticed expensive stereos and moved stereo to look at numbers on back to see if stolen. Any person who takes part in a riot is guilty of a felony, and is liable to imprisonment for three years.

Criminal Procedure: Cases, Problems and Exercises, (American

Format: Hardcover

Language: English

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If a suspect in police custody asks for a lawyer to be present either before or during any interrogation, the police must stop any questioning until a lawyer is provided or until the suspect initiates further conversation with the police. The expert shall provide the court, within the prescribed time, with a written report stating his opinion. The court shall not accept a plea of guilty or nolo contendere from a defendant without first addressing the defendant personally, informing him of and determining that he understands: (a) the nature of the charge; (b) the mandatory minimum sentence, if any, on the charge; (c) the maximum possible sentence on the charge, including that possible from consecutive sentences; (d) that if the offense charged is one for which a different or additional punishment is authorized because the defendant has previously been convicted of an offense or offenses one (1) or more times, the previous conviction or convictions may be established after the entry of his plea in the present action, thereby subjecting him to such different or additional punishment; and (e) that if he pleads guilty or nolo contendere he waives his right to a trial by jury and the right to be confronted with the witnesses against him, except in capital cases where the death penalty is sought. (a) Upon a plea of guilty or nolo contendere, or after conviction on a plea of not guilty, the defendant may make a written request, indorsed by his attorney, if any, for permission to plead guilty or nolo contendere as to any other offense or offenses he has committed which are within the jurisdiction of other courts of this state. (b) Upon receipt of written approval of the prosecuting attorney in that governmental unit in which an offense has been or could be charged, together with either a certified copy of the charge filed in the unit or with a statement of that prosecuting attorney describing the offense, the defendant may be allowed to enter the plea. (c) In making a request for transfer of a charge under the provisions of this rule, the defendant shall be deemed to have waived: (i) venue as to an offense committed in another governmental unit of the state; and (ii) return of an indictment or filing of an information as to an offense not yet formally charged. (d) Before accepting any plea to other offenses contemplated by this rule, the court shall follow the procedure prescribed for any other plea of guilty or nolo contendere.

Criminal Procedure: Constitution and Society (5th Edition)

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Language: English

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Each of the parties shall be entitled to comment on the statement of the other party, and the accused shall be the last to address the court. L. 103–159, §102(c)(1), struck out “paragraph (2) or (3) of” before “this subsection” in introductory provisions. 1990—Subsec. (a)(1). Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.

LexisNexis Practice Guide: Georgia Criminal Law, 2016

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Language: English

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L. 103–394, set out as an Effective Date of 1994 Amendment note under section 101 of Title 11. (1) files a petition under title 11, including a fraudulent involuntary bankruptcy petition under section 303 of such title; (2) files a document in a proceeding under title 11, including a fraudulent involuntary bankruptcy petition under section 303 of such title; or (3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, including a fraudulent involuntary bankruptcy petition under section 303 of such title, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both. 2005—Pars. (1) to (3).

Gideon V. Wainwright and the Right to Counsel (Historic

Format: Library Binding

Language: English

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In a civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of the applicable code. Minor changes were made in phraseology. 2008—Subsec. (b). L. 103–322, title XXXIII, §330023(a)(1), Sept. 13, 1994, 108 Stat. 2150, substituted “Freedom of access to clinic entrances” for “Blocking access to reproductive health services” in item 248. 1988—Pub. The word "imprisonment" was replaced with the word "incarceration" to avoid any implication that the right to counsel attaches only when the defendant faces confinement in state prison.

Passing the Multistate Bar Exam: Criminal Law and Procedure

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Language: English

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The School of Law offers a unique and varied curriculum for students interested in practicing in the field of criminal law. Any inspection or examination of inventory or records under this chapter by the Attorney General at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. L. 99–570 provided that: “If any provision of this subtitle [see Short Title of 1986 Amendment note above] or any amendment made by this Act [see Short Title of 1986 Amendment note set out under section 801 of Title 21, Food and Drugs], or the application thereof to any person or circumstances is held invalid, the provisions of every other part, and their application, shall not be affected thereby.” 4 See References in Text below. (a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property. (2) The court, in imposing sentence on a person convicted of a violation of, or a conspiracy to violate— (A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of this title, affecting a financial institution, or (B) section 471, 472, 473, 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 488, 501, 502, 510, 542, 545, 842, 844, 1028, 1029, or 1030 of this title, shall order that the person forfeit to the United States any property constituting, or derived from, proceeds the person obtained directly or indirectly, as the result of such violation. (D) section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of insured financial institution); involving the sale of assets acquired or held by the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, as conservator or receiver for a financial institution or any other conservator for a financial institution appointed by the Office of the Comptroller of the Currency or the Office of Thrift Supervision, or the National Credit Union Administration, as conservator or liquidating agent for a financial institution, shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross receipts obtained, directly or indirectly, as a result of such violation. (4) With respect to an offense listed in subsection (a)(3) committed for the purpose of executing or attempting to execute any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent statements, pretenses, representations, or promises, the gross receipts of such an offense shall include any property, real or personal, tangible or intangible, which is obtained, directly or indirectly, as a result of such offense. shall order that the person forfeit to the United States any property, real or personal, which represents or is traceable to the gross proceeds obtained, directly or indirectly, as a result of such violation. (6)(A) The court, in imposing sentence on a person convicted of a violation of, or conspiracy to violate, section 274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and Nationality Act or section 555, 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of this title, or a violation of, or conspiracy to violate, section 1028 of this title if committed in connection with passport or visa issuance or use, shall order that the person forfeit to the United States, regardless of any provision of State law— (i) any conveyance, including any vessel, vehicle, or aircraft used in the commission of the offense of which the person is convicted; and (I) that constitutes, or is derived from or is traceable to the proceeds obtained directly or indirectly from the commission of the offense of which the person is convicted; or (II) that is used to facilitate, or is intended to be used to facilitate, the commission of the offense of which the person is convicted. (B) The court, in imposing sentence on a person described in subparagraph (A), shall order that the person forfeit to the United States all property described in that subparagraph. (7) The court, in imposing sentence on a person convicted of a Federal health care offense, shall order the person to forfeit property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of the offense. (8) The court, in sentencing a defendant convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or of a conspiracy to commit such an offense, if the offense involves telemarketing (as that term is defined in section 2325), shall order that the defendant forfeit to the United States any real or personal property— (A) used or intended to be used to commit, to facilitate, or to promote the commission of such offense; and (B) constituting, derived from, or traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the offense. (b)(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.

Criminal Procedure: Model Problems and Outstanding Answers

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Language: English

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Size: 14.40 MB

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After a death sentence is executed, the court clerk on the scene shall prepare a written record of it. And while Blackstone prevails as the principal source for pre-American precedent in the law, it is interesting to note that there is still room for the influence of Roman civil law in American legal tradition. If the County Attorney has not made a plea offer already, he or she may do so at the Pretrial Hearing. C. 6823) (relating to obtaining customer information by false pretenses); (9) section 243 or 266 of the Immigration and Nationality Act (8 U.

Law textbook series of colleges and universities in the 21st

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MacFarlane (2d Dept. 8/23/2011), because the trial court sat a prospective juror who had given equivocal answers to a question about police credibility. For instance, a defense attorney will want to make sure that the prosecution’s witnesses are sequestered (kept out of the courtroom while other witnesses testify). C. 802(6))), or travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years, fined in accordance with this title, or both. (h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both. (i)(1) A person who knowingly violates section 922(u) shall be fined under this title, imprisoned not more than 10 years, or both. (2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection. (j) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall— (1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and (2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section. (1) is punishable under the Controlled Substances Act (21 U.