Compelling Appearance Interim Release And Pre Trial Detention

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Criminal Procedure: Rights and Remedies in Police Investigations - CasebookPlus

Author : Donald A. Dripps
Publisher : Foundation Press
Page : 1000 pages
File Size : 47,5 Mb
Release : 2020-06-22
Category : Electronic
ISBN : 1684677831

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Criminal Procedure: Rights and Remedies in Police Investigations - CasebookPlus by Donald A. Dripps Pdf

This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades--receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race--past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.

Detention Before Trial

Author : Martin L. Friedland
Publisher : University of Toronto Press
Page : 218 pages
File Size : 42,8 Mb
Release : 1965-12-15
Category : Social Science
ISBN : 9781487597290

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Detention Before Trial by Martin L. Friedland Pdf

Detention before trial has been one of the most neglected areas in the whole administration of criminal justice. In the past, attention has been focussed almost exclusively on detention after trial (i.e. sentencing), which touches the lives of significantly fewer persons than detention before trial. There has been no previous examination in Canada of the utility or effectiveness of its operation. This study will fill an important need by documenting statistically the extent and nature of custody before trial in the Toronto Magistrates' Courts, where the overwhelming majority of citizens charged with criminal offences in the Toronto area are tried. Although the study is primarily directed at practices before trial in Toronto, many of these practices can be found in other cities throughout North America. Specific areas of importance which were investigated here include the use of the summons; the extent to which accused persons are detained in custody both before and after the first court appearance; bail-setting practices and the ability to raise bail; the activities of professional bondsmen; the enforcement of penalties for absconding; and the relationship between custody and the outcome of the trial. Much of the presentation of the data is descriptive, but attempts are made throughout the study to prove statistically the existence of casual relationships. The result is a work which brings together in lucid and scholarly form important evidence which will be valuable to lawyers and all who are professionally concerned with social problems, and of interest to everyone with a regard for the administration of justice.

Murder, Manslaughter and Infanticide

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 280 pages
File Size : 52,6 Mb
Release : 2006-11-29
Category : Political Science
ISBN : 9780102943689

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Murder, Manslaughter and Infanticide by Great Britain: Law Commission Pdf

A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.

ABA Standards for Criminal Justice, Pretrial Release

Author : American Bar Association. Criminal Justice Standards Committee
Publisher : American Bar Association
Page : 168 pages
File Size : 47,6 Mb
Release : 2007
Category : Law
ISBN : 1590311787

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ABA Standards for Criminal Justice, Pretrial Release by American Bar Association. Criminal Justice Standards Committee Pdf

"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 48,6 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Presumption of Guilt

Author : Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2014
Category : Political Science
ISBN : 1936133849

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Presumption of Guilt by Martin Schönteich,Open Society Justice Initiative,Robert O. Varenik Pdf

In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.

United States Attorneys' Manual

Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395

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United States Attorneys' Manual by United States. Department of Justice Pdf

The Bail Reform Act of 1984

Author : Deirdre Golash
Publisher : Unknown
Page : 68 pages
File Size : 52,8 Mb
Release : 1987
Category : Bail
ISBN : MINN:20000004590259

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The Bail Reform Act of 1984 by Deirdre Golash Pdf

Pretrial Services Programs

Author : Barry Mahoney
Publisher : Unknown
Page : 115 pages
File Size : 48,5 Mb
Release : 2002-04
Category : Electronic
ISBN : 0756720737

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Pretrial Services Programs by Barry Mahoney Pdf

Pretrial services (PS) programs can be valuable resources for making significant improvements in the criminal justice system because they are used in the early stages of the criminal case process. This report provides a review of issues and practices in the PS field. It describes how pretrial programs operate, discusses key policy issues, and outlines issues and challenges for the future. It pays particular attention to how PS programs obtain and convey information relevant to the pretrial release/detention decision. Describes how PS agencies, the court, and other criminal justice system agencies can work together to minimize the risks of nonappearance and pretrial crime.

Les Discussions Et Ententes Sur Le Plaidoyer

Author : Law Reform Commission of Canada
Publisher : Ottawa, Canada : Law Reform Commission of Canada
Page : 240 pages
File Size : 53,7 Mb
Release : 1989
Category : Compromise (Law)
ISBN : UCAL:B4176344

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Les Discussions Et Ententes Sur Le Plaidoyer by Law Reform Commission of Canada Pdf

This document presents the Commission's view on the need for reform together with their recommendations and commentary.

ABA Standards for Criminal Justice

Author : American Bar Association
Publisher : Unknown
Page : 151 pages
File Size : 52,7 Mb
Release : 1999-01-01
Category : Criminal justice, Administration of
ISBN : 1570737134

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ABA Standards for Criminal Justice by American Bar Association Pdf

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

The Anatomy of Criminal Procedure

Author : Steve Coughlan,Alex Gorlewski
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 2019-07-10
Category : Electronic
ISBN : 1552215059

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The Anatomy of Criminal Procedure by Steve Coughlan,Alex Gorlewski Pdf

Criminal law is a powerful legal tool in Canadian society consisting of numerous procedural rules but little organization. Provisions of the Criminal Code that are directly relevant to each other are often separated by many different (and usually irrelevant) sections and subsections. The common law rules of criminal procedure, meanwhile, are often established incrementally, in numerous cases decided over a long period of time. With both the Code and common law, it can be difficult and time-consuming to assemble and explain the entire legal framework governing a particular police power or court procedure. This deficiency in the law is what led authors Steve Coughlan and Alex Gorlewski to create a comprehensible resource that clarifies the relationships among the individual statutory provisions and the common law rules of criminal procedure.The Anatomy of Criminal Procedure: A Visual Guide to the Law illustrates the law of criminal procedure through nearly seventy annotated charts and diagrams. Across the whole criminal process -- from search and seizure to appeals and sentencing -- this book consolidates the statutory and common law rules around each step, visually depicts how they fit together, and explains in detailed annotations how the rules work and have been interpreted by courts. This is a valuable text for practitioners who work with the criminal process every day, as well as for students learning it for the first time. Coughlan and Gorlewski aim to outline the law as it was created and implemented by our institutions, while providing the coherence it sometimes lacks yet certainly requires.

"Not in it for Justice"

Author : Human Rights Watch (Organization)
Publisher : Unknown
Page : 120 pages
File Size : 43,5 Mb
Release : 2017
Category : Arrest
ISBN : 1623134609

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"Not in it for Justice" by Human Rights Watch (Organization) Pdf

Key recommendations -- Methodology -- I. Background -- II. Pretrial detention in California -- II. Bail leads to jailing people who are not guilty -- III. Bail and jail result in an unfair justice system -- IV. Bail devastates poor and middle-income defendants and households -- V. Does bail in California serve the legitimate purposes of pretrial detention? -- VI. Profile-based risk assessment -- VII. A better way: increased cite and release and individualized risk assessment -- IX. International human rights law.