World Pre-Trial / Remand Imprisonment List
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Municipal Court Trial Procedures
Municipal Court 4) The right to cross-examine witnesses Trial Procedures admitted during the trial must remain as who testify against you; If you choose to have the case tried before part of the court’s file; therefore, Trial Procedures: 5) The right to testify on your own a jury, you have the right to question jurors documents or photographs contained on a behalf; about their qualifications to hear your case. flash drive, cell phone, tablet, laptop or Roanoke Municipal Court of Record other media may not be admissible. 6) The right not to testify (Your refusal If you think that a juror will not be fair, Purpose to do so may not be held against you impartial, or unbiased, you may ask the After all testimony is concluded, both sides judge to excuse the juror. You are also can make a closing argument. This is your This pamphlet is designed to provide in determining your innocence or permitted to strike three members of the opportunity to summarize the evidence, basic information about criminal guilt.); and jury panel for any reason you choose, present your theory of the case, argue why proceedings in the Northeast municipal 7) You may call witnesses to testify on court. It is not a substitute for legal advice except a strike based solely upon race or the State has failed to meet its burden of your behalf at the trial, and have the gender. proof, and make other arguments allowed from an attorney. You are encouraged to court issue a subpoena (a court order) seek legal advice if you have questions As in all criminal trials, the trial begins by law. -
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
The Economics of Bail and Pretrial Detention
ECONOMIC ANALYSIS | DECEMBER 2018 The Economics of Bail and Pretrial Detention Patrick Liu, Ryan Nunn, and Jay Shambaugh i The Hamilton Project • Brookings ACKNOWLEDGEMENTS We thank Lauren Bauer, Jennifer Doleac, Alex Tabarrok, Emily Weisburst, and Crystal Yang for insightful feedback, as well as Yared Lingo, Jimmy O’Donnell, and Areeb Siddiqui for excellent research assistance. MISSION STATEMENT The Hamilton Project seeks to advance America’s promise of opportunity, prosperity, and growth. The Project’s economic strategy reflects a judgment that long-term prosperity is best achieved by fostering economic growth and broad participation in that growth, by enhancing individual economic security, and by embracing a role for effective government in making needed public investments. We believe that today’s increasingly competitive global economy requires public policy ideas commensurate with the challenges of the 21st century. Our strategy calls for combining increased public investments in key growth-enhancing areas, a secure social safety net, and fiscal discipline. In that framework, the Project puts forward innovative proposals from leading economic thinkers — based on credible evidence and experience, not ideology or doctrine — to introduce new and effective policy options into the national debate. The Project is named after Alexander Hamilton, the nation’s first treasury secretary, who laid the foundation for the modern American economy. Consistent with the guiding principles of the Project, Hamilton stood for sound fiscal policy, believed -
Succeeding in Law School Ramy 03 Auto Cx 4/12/06 11:27 AM Page 41
ramy 00 front matter cx 4/12/06 11:27 AM Page i Succeeding in Law School ramy 03 auto cx 4/12/06 11:27 AM Page 41 chapter iii Reading and Briefing Cases Efficiently In order to be an active participant in your law school classes, you must learn how to read and understand case law. In addition, case briefing is an es- sential step in learning the individual legal principles necessary for success on your final examinations. As we discussed in Chapter I, most of your classes will emphasize the casebook method of learning.1 You will review literally hun- dreds of cases during your first year of law school, so you must have a plan in place so that you can assimilate, understand, and categorize everything you are learning. I have developed a multi-step process that will help you master this information. My active method of studying is no magic formula, and will require a great deal of work on your part. Mastery of your law school subjects is a process that will happen over time. My active studying methodology takes this into account, and allows you to address every topic slowly and from mul- tiple perspectives. The individual steps in the active study method are: • Read Your Cases Twice • Write a Case Brief and Then Correct It • Take Complete Notes, But Listen to the Lecturer • Review and Type Your Notes Within 24 Hours of Class • Incorporate Your Notes Into Your Course Outline More broadly, these steps can be summed up as pre-class preparation, in-class work, and post class review. -
Is Limited Remand Required If the District Court Admitted Or Excluded Evidence Without a Daubert Analysis?
The Journal of Appellate Practice and Process Volume 16 Issue 1 Article 3 2015 Is Limited Remand Required If the District Court Admitted or Excluded Evidence Without a Daubert Analysis? Robert B. Gilbreath Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Civil Procedure Commons, Evidence Commons, and the Litigation Commons Recommended Citation Robert B. Gilbreath, Is Limited Remand Required If the District Court Admitted or Excluded Evidence Without a Daubert Analysis?, 16 J. APP. PRAC. & PROCESS 37 (2015). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol16/iss1/3 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. IS LIMITED REMAND REQUIRED IF THE DISTRICT COURT ADMITTED OR EXCLUDED EVIDENCE WITHOUT A DAUBERT ANALYSIS? Robert B. Gilbreath* I. INTRODUCTION How a federal court of appeals disposes of a case after ruling on the merits depends on two federal statutes. Under 28 U.S.C. § 2111, a federal court of appeals may not reverse in the absence of harmful error.1 Under 28 U.S.C. § 2106, once the court has determined that harmful error occurred, it may dispose of the appeal by directing the trial court to hold any further proceedings that may be appropriate.2 This article discusses the interplay between those statutes when the trial court has admitted or excluded evidence without first making the proper threshold finding on admissibility.3 In that situation, the question arises whether an appellate court must, instead of ordering a new trial, remand with instructions to the trial court to (i) determine whether the evidence was inadmissible, or if the court originally excluded the evidence, *Mr. -
The Case for More Incarceration
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992 &7 U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992, NCJ-J39583 139583 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the Ph~rson or organization originating it. Points of view or opinions stated in t IS do.c~ment ~~e those of (he authors and do not necessarily rep'esent the official position or pOlicies of the National Institute of Justice. Permtisdsion to reproduce this II f) I8llM material has been gran~d t:1y • . • .l?UbllC Danain/Off. of Poliey Communications/Off. of POlley Develop. to the National Criminal Justice Reference Service (NCJRS). Ffutrthher repr?ductlon outside of the NCJRS system requires permission o e ........ owner. NCJRS ~AN 5 1993 ACQUISITIONS (@ffitt nf tltt Attnrntl1 <&tntral liIus1yingtnn, i.QT. 20530 October 28, 1992 In July, I released a report entitled Combating Violent Crime: 24 Recommendations to strengthen Criminal Justice, set ting forth a comprehensive strategy for making state criminal justice systems more effective in achieving their central purpose -- the protection of our citizens. As I stated then, there is no better way to reduce crime than to identify, target, and incapa citate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets. Of course, we cannot incapacitate these criminals unless we build sufficient prison and jail space to house them. -
GUIDE for ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, and SENTENCING STAGES (Guide 1 of 3)
Guide for Families Experiencing the Criminal Justice System GUIDE FOR ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, AND SENTENCING STAGES (Guide 1 of 3) HTTP://WWW.YOUTH.GOV/COIP Families have unique needs and challenges when a parent is arrested. When this happens, family FAMILIES WILL TALK TO MANY members—including the children—are affected. PEOPLE DURING THESE FOUR This guide is the first in a series of three guides STAGES: that cover a family’s journey as the family goes through the stages of, and copes with, a loved • Lawyer or public defender one’s involvement in the justice system. • Judge and court personnel This guide covers the first four stages in the • Probation officer typical criminal justice process, and the other • Law enforcement two guides cover incarceration and reentry: • Jail or detention facility staff • Arrest (entry into the system) • Jail or detention case worker • Jail Time/Detention (prosecution • Child welfare (in some cases) and pretrial services) • Hearing/Trial (adjudication) Families can use the worksheet on the last page of this guide to keep track of • Sentencing (before incarceration) important names, phone numbers, and • Incarceration (Guide 2) e-mail addresses. • Reentry (Guide 3) This guide starts with descriptions and definitions guide. The questions are designed to help of the stages to help families understand the families and caregivers anticipate and respond to legal terms and processes. Having a better thoughts and concerns their children may have. understanding may help families feel less The tips offer suggestions to help caregivers overwhelmed. It may also help families know support and care for the children of parents who what to expect and what will happen next. -
The Myth of the Presumption of Innocence
Texas Law Review See Also Volume 94 Response The Myth of the Presumption of Innocence Brandon L. Garrett* I. Introduction Do we have a presumption of innocence in this country? Of course we do. After all, we instruct criminal juries on it, often during jury selection, and then at the outset of the case and during final instructions before deliberations. Take this example, delivered by a judge at a criminal trial in Illinois: "Under the law, the Defendant is presumed to be innocent of the charges against him. This presumption remains with the Defendant throughout the case and is not overcome until in your deliberations you are convinced beyond a reasonable doubt that the Defendant is guilty."' Perhaps the presumption also reflects something more even, a larger commitment enshrined in a range of due process and other constitutional rulings designed to protect against wrongful convictions. The defense lawyer in the same trial quoted above said in his closings: [A]s [the defendant] sits here right now, he is presumed innocent of these charges. That is the corner stone of our system of justice. The best system in the world. That is a presumption that remains with him unless and until the State can prove him guilty beyond2 a reasonable doubt. That's the lynchpin in the system ofjustice. Our constitutional criminal procedure is animated by that commitment, * Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law. 1. Transcript of Record at 13, People v. Gonzalez, No. 94 CF 1365 (Ill.Cir. Ct. June 12, 1995). 2. -
Prisons in Yemen
[PEACEW RKS [ PRISONS IN YEMEN Fiona Mangan with Erica Gaston ABOUT THE REPORT This report examines the prison system in Yemen from a systems perspective. Part of a three-year United States Institute of Peace (USIP) rule of law project on the post-Arab Spring transition period in Yemen, the study was supported by the International Narcotics and Law Enforcement Bureau of the U.S. State Department. With permission from the Yemeni Ministry of Interior and the Yemeni Prison Authority, the research team—authors Fiona Mangan and Erica Gaston for USIP, Aiman al-Eryani and Taha Yaseen of the Yemen Polling Center, and consultant Lamis Alhamedy—visited thirty-seven deten- tion facilities in six governorates to assess organizational function, infrastructure, prisoner well-being, and security. ABOUT THE AUTHORS Fiona Mangan is a senior program officer with the USIP Governance Law and Society Center. Her work focuses on prison reform, organized crime, justice, and security issues. She holds degrees from Columbia University, King’s College London, and University College Dublin. Erica Gaston is a human rights lawyer with seven years of experience in programming and research in Afghanistan on human rights and justice promotion. Her publications include books on the legal, ethical, and practical dilemmas emerging in modern conflict and crisis zones; studies mapping justice systems and outcomes in Afghanistan and Yemen; and thematic research and opinion pieces on rule of law issues in transitioning countries. She holds degrees from Stanford University and Harvard Law School. Cover photo: Covered Yard Area, Hodeida Central. Photo by Fiona Mangan. The views expressed in this report are those of the authors alone. -
From Slavery to Mass Incarceration
loïc wacquant FROM SLAVERY TO MASS INCARCERATION Rethinking the ‘race question’ in the US ot one but several ‘peculiar institutions’ have success- ively operated to define, confine, and control African- NAmericans in the history of the United States. The first is chattel slavery as the pivot of the plantation economy and inceptive matrix of racial division from the colonial era to the Civil War. The second is the Jim Crow system of legally enforced discrimination and segregation from cradle to grave that anchored the predominantly agrarian society of the South from the close of Reconstruction to the Civil Rights revolution which toppled it a full century after abolition. America’s third special device for containing the descendants of slaves in the Northern industrial metropolis is the ghetto, corresponding to the conjoint urbanization and proletarianization of African-Americans from the Great Migration of 1914–30 to the 1960s, when it was ren- dered partially obsolete by the concurrent transformation of economy and state and by the mounting protest of blacks against continued caste exclusion, climaxing with the explosive urban riots chronicled in the Kerner Commission Report.1 The fourth, I contend here, is the novel institutional complex formed by the remnants of the dark ghetto and the carceral apparatus with which it has become joined by a linked relationship of structural symbiosis and functional surrogacy. This suggests that slavery and mass imprisonment are genealogically linked and that one cannot understand the latter—its new left review 13 jan feb 2002 41 timing, composition, and smooth onset as well as the quiet ignorance or acceptance of its deleterious effects on those it affects—without return- ing to the former as historic starting point and functional analogue. -
Factsheet: Pre-Trial Detention
Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial not a sanction, but a measure to safeguard a criminal detention should be the exception rather than the procedure. rule. At any one time, an estimated 3.2 million people are Pre-trial detention is only legitimate where there is a behind bars awaiting trial, accounting for 30 per cent reasonable suspicion of the person having committed of the total prison population worldwide. They are the offence, and where detention is necessary and legally presumed innocent until proven guilty but may proportionate to prevent them from absconding, be held in conditions that are worse than those for committing another offence, or interfering with the convicted prisoners and sometimes for years on end. course of justice during pending procedures. This means that pre-trial detention is not legitimate where Pre-trial detention undermines the chance of a fair these objectives can be achieved through other, less trial and the presumption of innocence.