PARDON INFORMATION and INSTRUCTIONS Please Read Carefully Before Completing the Pardon Application 1
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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. -
Consequences of Failing to Admit Guilt at Parole Hearings Daniel S
MEDWED_TRANSMITTED.DOC2 2/26/2008 1:51 PM The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings Daniel S. Medwed∗ INTRODUCTION ....................................................................................... 493 I. THE THEORY AND PRACTICE OF PAROLE ................................................ 497 A. HISTORICAL ORIGINS AND PURPOSES OF PAROLE ................................ 497 B. PAROLE RELEASE DECISION-MAKING: CONTEMPORARY STANDARDS AND POLICIES .................................................................................... 504 II. THE EFFECT OF PAROLE RELEASE DECISION-MAKING NORMS ON THE INNOCENT ............................................................................................... 513 A. PAROLE: AN INNOCENCE OPTION OF LAST RESORT ............................. 518 B. PRESSURE ON INNOCENT INMATES TO “ADMIT” GUILT ........................ 523 III. ADMISSIONS OF GUILT AND THE PAROLE RELEASE DECISION RECONSIDERED ....................................................................................... 529 A. THE DANGER OF ASSUMING THE LITIGATION PROCESS ACCURATELY FILTERS THE GUILTY FROM THE INNOCENT ......................................... 530 B. POTHOLES ON THE PATH TO REDEMPTION THROUGH THE PAROLE PROCESS ........................................................................................... 532 IV. SUGGESTIONS FOR REFORM .................................................................... 541 A. LIMITATIONS ON THE SUBSEQUENT USE OF STATEMENTS FROM PAROLE HEARINGS ........................................................................... -
Compensation Chart by State
Updated 5/21/18 NQ COMPENSATION STATUTES: A NATIONAL OVERVIEW STATE STATUTE WHEN ELIGIBILITY STANDARD WHO TIME LIMITS MAXIMUM AWARDS OTHER FUTURE CONTRIBUTORY PASSED OF PROOF DECIDES FOR FILING AWARDS CIVIL PROVISIONS LITIGATION AL Ala.Code 1975 § 29-2- 2001 Conviction vacated Not specified State Division of 2 years after Minimum of $50,000 for Not specified Not specified A new felony 150, et seq. or reversed and the Risk Management exoneration or each year of incarceration, conviction will end a charges dismissed and the dismissal Committee on claimant’s right to on grounds Committee on Compensation for compensation consistent with Compensation Wrongful Incarceration can innocence for Wrongful recommend discretionary Incarceration amount in addition to base, but legislature must appropriate any funds CA Cal Penal Code §§ Amended 2000; Pardon for Not specified California Victim 2 years after $140 per day of The Department Not specified Requires the board to 4900 to 4906; § 2006; 2009; innocence or being Compensation judgment of incarceration of Corrections deny a claim if the 2013; 2015; “innocent”; and Government acquittal or and Rehabilitation board finds by a 2017 declaration of Claims Board discharge given, shall assist a preponderance of the factual innocence makes a or after pardon person who is evidence that a claimant recommendation granted, after exonerated as to a pled guilty with the to the legislature release from conviction for specific intent to imprisonment, which he or she is protect another from from release serving a state prosecution for the from custody prison sentence at underlying conviction the time of for which the claimant exoneration with is seeking transitional compensation. -
Improving Recidivism As a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999
Improving Recidivism as a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999 Goal: “reduce the risk of reoffending by offenders in the community” Legislation calls for Department of Corrections to: • Classify supervised individuals based on risk of reoffending and severity of prior criminal offending • Shift resources toward higher-risk persons Washington Recidivism Rates Source: Washington State Institute for Public Policy Establishing Metrics for Success and Assessing Results Why measure correctional performance? • Understand the outcomes of funding and policy decisions • Assess the effectiveness of justice agencies at reducing reoffending • Provide the best return on taxpayer investments Most Common Correctional Performance Measure: Recidivism The Good: • Correctional interventions (prison, community supervision) are supposed to reduce reoffending, so recidivism is a natural metric for success The Bad: • Frequently a single-indicator, which doesn’t allow for policy-relevant comparisons across groups • Irregularly collected • Presented absent context Four Steps to Make Recidivism a Meaningful Performance Measure Define Collect Analyze Disseminate Definition Use Multiple Measures of Success Desistance Severity Time to failure Behavior Change Time to Failure (Delaware) Percent Rearrested 2008 2009 2010 80 70 60 50 40 30 20 10 0 6 12 18 24 36 Months from prison release Collection Develop Protocols to Ensure Data Are Consistent, Accurate, and Timely Assign unique identifiers Develop long-term records Collect contextual information Update change in status Photo: Flickr/Kevin Dl Breaking Recidivism Down by Policy- Relevant Factors (Colorado) 3-year return to prison rates for 2010 release cohort Analysis Account for Underlying Composition of the Prison Population Photo: Flickr/Thomas Hawk Photo: Flickr/Thomas Hawk Remember that Washington Story from Earlier . -
Juvenile Life Without Parole
POLICY BRIEF: JUVENILE LIFE WITHOUT PAROLE Juvenile Life Without Parole: An Overview The momentum to protect youth rights in the criminal legal system is clear. Twenty- five states and the District of Columbia have banned life sentences without the possibility of parole for people under 18; in nine additional states, no one is serving life without parole for offenses committed before age 18. The Sentencing Project, in its national survey of life and from life without parole sentences, regardless of the virtual life sentences in the United States found 1,465 crime of conviction. Life without parole, as a mandatory people serving JLWOP sentences at the start of 2020. minimum sentence for anyone under age 18 was found This number reflects a 38% drop in the population of unconstitutional. Montgomery, in 2016, clarified that people serving JLWOP since our 2016 count and a 44% Miller applied retroactively. Jones reaffirmed both drop since the peak count of JLWOP figures in 2012.1 Montgomery and Miller but held that a specific factual This count continues to decline as more states eliminate finding of “permanent incorrigibility” at the time of JLWOP. sentencing is not required for the imposition of a juvenile life without parole sentence. In five decisions – Roper v. Simmons (2005), Graham v. Florida (2010), Miller v. Alabama (2012), Montgomery Henceforth, few youth will be sentenced to life without v. Louisiana (2016), and Jones v. Mississippi (2021) – the possibility of parole. Moreover, youth sentenced to the Supreme Court of the United States establishes parole-ineligible life sentences in 28 states where the and upholds the fact that “children are constitutionally sentence was mandatory and the federal government different from adults in their levels of culpability”2 when are in the process of having their original sentences it comes to sentencing. -
249 Subpart C—Director, Secretary of the Navy Council of Review Boards and President Naval Discharge Review Board; Re- Sponsib
Department of the Navy, DoD § 724.302 § 724.223 NDRB support and aug- can presume the truth of such facts, mentation by regular and reserve unless there is a substantial credible activities. evidence to rebut this presumption; or (a) When an NDRB Panel travels for (2) If the discharge in lieu of court- the purpose of conducting hearings, it martial only required a valid preferral, shall normally select Navy or Marine the NDRB may presume that the signer Corps installations in the area visited either had personal knowledge of, or as review sites. had investigated the matters set forth, (b) The NDRB Traveling Board shall and that the charges were true in fact normally consist of members from the to the best of the signer’s knowledge NCPB and augmentees from regular and belief. 1 The weight to be given this and reserve Navy and Marine Corps presumption in determining whether sources, as required. the facts stated in the charge sheet are (c) Navy and Marine Corps activities true is a matter to be determined by in the geographical vicinity of selected the NDRB. To the extent that the dis- review sites shall provide administra- charge proceeding reflects an official tive support and augmentation to an determination that the facts stated in NDRB Panel during its visit where the charge sheet are true; that the ap- such assistance can be undertaken plicant/accused admitted the facts without interference with mission ac- stated in the charge sheet; or that the complishment. The NDRB shall coordi- applicant/accused admitted guilt of the nate requests for augmentees and ad- offense(s), then the presumption is ministrative support through Com- strengthened. -
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. -
Life Imprisonment and Conditions of Serving the Sentence in the South Caucasus Countries
Life Imprisonment and Conditions of Serving the Sentence in the South Caucasus Countries Project “Global Action to Abolish the Death Penalty” DDH/2006/119763 2009 2 The list of content The list of content ..........................................................................................................3 Foreword ........................................................................................................................5 The summary of the project ..........................................................................................7 A R M E N I A .............................................................................................................. 13 General Information ................................................................................................... 14 Methodology............................................................................................................... 14 The conditions of imprisonment for life sentenced prisoners .................................... 16 Local legislation and international standards ............................................................. 26 Conclusion ................................................................................................................... 33 Recommendations ...................................................................................................... 36 A Z E R B A I J A N ........................................................................................................ 39 General Information .................................................................................................. -
Consolidation of Pardon and Parole: a Wrong Approach Henry Weihofen
Journal of Criminal Law and Criminology Volume 30 Article 8 Issue 4 November-December Winter 1939 Consolidation of Pardon and Parole: A Wrong Approach Henry Weihofen Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Henry Weihofen, Consolidation of Pardon and Parole: A Wrong Approach, 30 Am. Inst. Crim. L. & Criminology 534 (1939-1940) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. CONSOLIDATION OF PARDON AND PAROLE: A WRONG APPROACH HENRY WEMOFEN* There is a growing tendency throughout the United States to consolidate pardon with parole administration, and even with pro- bation. This movement seems to have met with almost unanimous approval; at least it has no opposition. It is the purpose of this paper to remedy that lack and furnish the spice of opposition. The argument for such consolidation-is that pardon and parole perform very largely the same function. A conditional pardon, particularly, is practically indistinguishable from a parole. But the governor, granting a conditional pardon, usually has no officers available to see that the conditions are complied with. Why not-, it is argued-assign this duty to parole officers? Moreover, it is felt to be illogical to have two forms of release so similar as parole and conditional pardon issuing from two different sources, one from the parole board and the other from the governor's office. -
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 -
Federal Sentencing: the Basics
Federal Sentencing: The Basics UNITED STATES SENTENCING COMMISSION United States Sentencing Commission www.ussc.govOne Columbus Circle, N.E. Washington, DC 20002 _____________________________________________________________________________ Jointly prepared in August 2015 by the Office of General Counsel and the Office of Education and Sentencing Practice Disclaimer : This document provided by the Commission’s staff is offered to assist in understanding and applying the sentencing guidelines and related federal statutes and rules of procedure. The information in this document does not necessarily represent the official position of the Commission, and it should not be considered definitive or comprehensive. The information in this document is not binding upon the Commission, courts, or the parties in any case. Federal Sentencing: The Basics TABLE OF CONTENTS Introduction ................................................................................................................................................................................... 1 I. The Evolution of Federal Sentencing Since the 1980s ........................................................................................ 1 II. Overview of the Federal Sentencing Process .............................................................................................................. 5 A. Guilty Pleas and Plea Bargains .....................................................................................................................................5 B. Presentence Interview -
Privatizing Probation and Parole
Privatizing Probation and Parole by Morgan O. Reynolds NCPA Policy Report No. 233 June 2000 ISBN #1-56808-089-1 web site: www.ncpa.org/studies/s233/s233.html National Center for Policy Analysis 12655 N. Central Expwy., Suite 720 Dallas, Texas 75243 (972) 386-6272 Executive Summary One out of fifty adults free on the streets today is a convicted criminal released on probation or parole. That’s 4.1 million people “under government supervision,” and a majority are convicted felons. Some 50,000 government bureaucrats supervise these probationers and parolees. The probation and parole systems have many problems, especially the fact that many of those released commit loathsome crimes. ● Criminals under government supervision commit 15 murders a day. ● Nearly four out of 10 people arrested for a felony crime are already out on probation, parole or pretrial release from a prior conviction or arrest. ● One in 10 probationers and parolees “abscond.” This year state and federal prisons will release 600,000 convicts, 38 percent more than in 1990, because of the enormous increase in the prison population over the last decade. Most are released on parole or other supervision because they have not served their full sentence. The probation and parole systems could be made more effective and efficient by enlisting the private sector. Those released on probation (nonincarceration) or released early from prison could be required to post a financial bond guaranteeing behavior in accord with terms of the release. If individual accountability is the answer to crime, then it must include the most powerful kind of accountability: financial responsibility.