THE CODE of CRIMINAL PROCEDURE Act 175 of 1927 AN
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CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2026 Brief* HB 2026 Would Establish a Certified Drug Abuse Treatment Program Fo
SESSION OF 2021 CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2026 As Agreed to April 8, 2021 Brief* HB 2026 would establish a certified drug abuse treatment program for certain persons who have entered into a diversion agreement pursuant to a memorandum of understanding and amend law related to supervision of offenders and the administration of certified drug abuse treatment programs. It also would amend law to change penalties for crimes involving riot in a correctional facility and unlawfully tampering with an electronic monitoring device. Certified Drug Abuse Treatment Program—Divertees The bill would establish a certified drug abuse treatment program (program) for certain persons who have entered into a diversion agreement (divertees) pursuant to a memorandum of understanding (MOU). The bill would allow eligibility for participation in a program for offenders who have entered into a diversion agreement in lieu of further criminal proceedings on and after July 1, 2021, for persons who have been charged with felony possession of a controlled substance and whose criminal history score is C or lower with no prior felony drug convictions. ____________________ *Conference committee report briefs are prepared by the Legislative Research Department and do not express legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd [Note: Under continuing law, Kansas’ sentencing guidelines for drug crimes utilize a grid containing the crime severity level (1 to 5, 1 being the highest severity) and the offender’s criminal history score (A to I, A being the highest criminal history score) to determine the presumptive sentence for an offense. -
Jurisdiction in Criminal Cases Frank Wilson Knapp Cornell Law School
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Historical Theses and Dissertations Collection Historical Cornell Law School 1893 Jurisdiction in Criminal Cases Frank Wilson Knapp Cornell Law School Follow this and additional works at: http://scholarship.law.cornell.edu/historical_theses Part of the Law Commons Recommended Citation Knapp, Frank Wilson, "Jurisdiction in Criminal Cases" (1893). Historical Theses and Dissertations Collection. Paper 215. This Thesis is brought to you for free and open access by the Historical Cornell Law School at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Historical Theses and Dissertations Collection by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. J URI SD I C TI 0N I N CRI MI N ATL CASES . Soo0oo----- G R A D U A T I N G THESIS OF----- FRANK W I L S 0 N KNAPP oo0oo---- CLASS OF ' 9 3 . CO0R NFlLb U N I V E R S I T Y LAW SCHOOL JURISDICTION IN CR IM I NAb CASES. The question of criminal jurisdiction is one of growing importance from the fact that a citizen of our State can be seriously affected in his property rights, or even have his life put in jeopardy, by the act of another living, a thousand miles away, and in any one of fifty or mare sover- eignties. If a citizen of the United States is killed by an explosive compound sent by a citizen of Russia with an intent to work that result in this country, it is a question of im- portance in which country the guilty offender shall be punish- ed. -
Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller
Journal of Criminal Law and Criminology Volume 48 | Issue 4 Article 8 1958 Legal Methods for the Suppression of Organized Crime (A Symposium) Arthur Buller 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 Arthur Buller, Legal Methods for the Suppression of Organized Crime (A Symposium), 48 J. Crim. L. Criminology & Police Sci. 414 (1957-1958) This Criminal Law 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. CRIMINAt LAW CASE NOTES AND COMMENTS Prepared by students of Northwestern University School of Law, under the direction of the student members of the Law School's Journal Editorial Board. Arthur Buller, Editor-in-Chief Arthur Rollin, Associate Editor Marvin Aspen Jay Oliff Malcolm Gaynor Louis Sunderland Ronald Mora Howard Sweig LEGAL METHODS FOR THE SUPPRESSION OF ORGANIZED CRIME (A SYMPOSIUM) Organized crime is a vital problem in the "The Use of Equitable Devices to Suppress field of law enforcement. Because of the nature Organized Crime", will consider the mechanics of its various forms of activity, the suppression and availability of the use of the injunction and of organized crime presents difficulties not other equitable remedies where the usual legal ordinarily encountered in other areas of criminal remedies have proved inadequate. The fifth and conduct. In this and subsequent issues of the concluding paper, "Indirect Control of Organized Journal, a series of articles will examine these Crime Through Liquor License Revocation", will problems and the legal remedies available for examine this tactic as a substitute for direct their solution. -
STACY LEA BAKER, ) Case No. 10-90127-BHL-7 ) Debtor
Case 10-59029 Doc 59 Filed 09/28/11 EOD 09/29/11 08:04:30 Pg 1 of 20 SO ORDERED: September 28, 2011. ______________________________ Basil H. Lorch III United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION In re: ) ) STACY LEA BAKER, ) Case No. 10-90127-BHL-7 ) Debtor. ) ) ) MURPHY OIL USA, INC., ) ) Plaintiff, ) ) v. ) Adv. No. 09-59029 ) STACY LEA BAKER, ) ) Defendant. ) JUDGMENT This matter is before the Court on the Plaintiff’s Complaint to Determine Liability and Non-Dischargability of Debt Under 11 U.S.C. § 523, as supplemented by its More Definite Case 10-59029 Doc 59 Filed 09/28/11 EOD 09/29/11 08:04:30 Pg 2 of 20 Statement of the Claim [Docket # 41].1 The Court tried the matter on June 1, 2011. The Plaintiff and Defendants submitted post-trial briefs [Docket #s 71 and 72, respectively] on June 17, 2011. Murphy Oil USA, Inc. (“Murphy”), the Plaintiff, seeks a determination that the Defendants, John M. Baker and Stacy Lea Baker, are liable to it under various state law theories. Further, Murphy seeks a judgment liquidating the Bakers’ alleged obligations to Murphy and finding that the debts are excepted from discharge in their respective Chapter 7 bankruptcy cases pursuant to 11 U.S.C. § 523(a)(2), (4), or (6). Having considered the foregoing, and for the reasons set forth below, the Court finds Mr. Baker to be liable to Murphy in the amount of $691,757.78, which judgment may not be discharged in Mr. -
The Unnecessary Crime of Conspiracy
California Law Review VOL. 61 SEPTEMBER 1973 No. 5 The Unnecessary Crime of Conspiracy Phillip E. Johnson* The literature on the subject of criminal conspiracy reflects a sort of rough consensus. Conspiracy, it is generally said, is a necessary doctrine in some respects, but also one that is overbroad and invites abuse. Conspiracy has been thought to be necessary for one or both of two reasons. First, it is said that a separate offense of conspiracy is useful to supplement the generally restrictive law of attempts. Plot- ters who are arrested before they can carry out their dangerous schemes may be convicted of conspiracy even though they did not go far enough towards completion of their criminal plan to be guilty of attempt.' Second, conspiracy is said to be a vital legal weapon in the prosecu- tion of "organized crime," however defined.' As Mr. Justice Jackson put it, "the basic conspiracy principle has some place in modem crimi- nal law, because to unite, back of a criniinal purpose, the strength, op- Professor of Law, University of California, Berkeley. A.B., Harvard Uni- versity, 1961; J.D., University of Chicago, 1965. 1. The most cogent statement of this point is in Note, 14 U. OF TORONTO FACULTY OF LAW REv. 56, 61-62 (1956): "Since we are fettered by an unrealistic law of criminal attempts, overbalanced in favour of external acts, awaiting the lit match or the cocked and aimed pistol, the law of criminal conspiracy has been em- ployed to fill the gap." See also MODEL PENAL CODE § 5.03, Comment at 96-97 (Tent. -
Access to Justice for Children: Mexico
ACCESS TO JUSTICE FOR CHILDREN: MEXICO This report was produced by White & Case LLP in November 2013 but may have been subsequently edited by Child Rights International Network (CRIN). CRIN takes full responsibility for any errors or inaccuracies in the report. I. What is the legal status of the Convention on the Rights of the Child (CRC)? A. What is the status of the CRC and other relevant ratified international instruments in the national legal system? The CRC was signed by Mexico on 26 January 1990, ratified on 21 November 1990, and published in the Federal Official Gazette (Diario Oficial de la Federación) on 25 January 1991. In addition to the CRC, Mexico has ratified the Optional Protocols relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. All treaties signed by the President of Mexico, with the approval of the Senate, are deemed to constitute the supreme law of Mexico, together with the Constitution and the laws of the Congress of the Union.1 The CRC is therefore part of national law and may serve as a legal basis in any proceedings before the national courts. It is also part of the supreme law of Mexico as a whole and must be implemented at federal level and in all the individual states.2 B. Does the CRC take precedence over national law The CRC has been interpreted to take precedence over national laws, but not the Constitution. According to doctrinal thesis LXXVII/99 of November 1999, international treaties are ranked second immediately after the Constitution and ahead of federal and local laws.3 On several occasions, Mexico’s Supreme Court has stated that international treaties take precedence over national law, mainly in the case of human rights.4 C. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
October 1988 Federal Sentencing Guidelines Manual
UNITED STATES SENTENCING COMMISSION GUIDEUNES MANUAL [Incorporating guideline amendments effective October 15, 1988] UNITED STATES SENTENCING COMMISSION 1331 PENNSYLVANIA AVENUE, NW SUITE 14OO WASHINGTON, D.C. 20004 (202) 662-8800 William W. Wilklns, Jr. Chairman Michael K. Block Stephen G. Breyer Helen G. Corrothers George E. MacKinnon llene H. Nagel Benjamin F. Baer (ex officio) Ronald L. Gainer (ex officio) William W. Wilkins, Jr. Chairman Michael K. Block Stephen G. Breyer Helen G. Corrothers George E. MacKinnon llene H. Nagel Benjamin F. Baer (ex-officio) Ronald L. Gainer (ex-officio) Note: This document contains the text of the Guidelines Manual incorporating amendments effective January 15, 1988, June 15, 1988, and October 15, 1988. TABLE OF CONTENTS CHAPTER ONE: Introduction and General Principles. Part A - Introduction 1.1 1. Authority 1.1 2. The Statutory Mission_ 1.1 3. The Basic Approach 1.2 4. The Guidelines' Resolution of Major Issues 1.5 5. A Concluding Note 1.12 Part B - General Application Principles 1.13 CHAPTER TWO: Offense Conduct 2.1 Part A - Offenses Against the Person 2.3 1. Homicide 2.3 2. Assault 2.4 3. Criminal Sexual Abuse 2.8 4. Kidnapping, Abduction, or Unlawful Restraint 2.11 5. Air Piracy 2.12 6. Threatening Communications 2.13 Part B - Offenses Involving Property 2.15 1. Theft, Embezzlement, Receipt of Stolen Property, and Property Destruction 2.15 2. Burglary and Trespass 2.19 3. Robbery, Extortion, and Blackmail 2.21 4. Commercial Bribery and Kickbacks 2.25 5. Counterfeiting, Forgery, and Infringement of Copyright or Trademark 2.27 6. -
Personal Liability As Administrative Law
Personal Liability as Administrative Law David Zaring* Abstract Administrative law has almost exclusively concerned itself with lawsuits against agencies as collective entities, under the auspices of the Administrative Procedure Act. In light of the growing number and prominence of suits by war on terror plaintiffs against senior government officials, this Article considers the use of personal liability to discipline government officials and assesses it as an alternative to traditional administrative law. It compares the civil suits to criminal prosecutions of these officials and compares both of them to less- obviously law related scandal campaigns. Personal sanctions—of which Bivens complaints are a principal example—are worth more attention. These mechanisms, and the constitutional tort in particular, are case studies of the popular inclination to decentralize government, of the value of symbolic laws, and, increasingly, of the personalization of law and politics. Solving some of the problems of personal liability, as it works today, might best be done not by enhancing the bite of the always-challenged lawsuits and prosecutions, but by making sure that the law makes it more possible for political cases to be made against government officials, rather than legal ones. Table of Contents I. Introduction .................................................................................. 314 II. Three Kinds of Bivens Actions ..................................................... 319 A. The Doctrinal Problems for Plaintiffs ................................... -
Torts: Due Process of Compensation for Crime Victims Luis Kutner
Notre Dame Law Review Volume 41 | Issue 4 Article 4 4-1-1966 Crime--Torts: Due Process of Compensation for Crime Victims Luis Kutner Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Luis Kutner, Crime--Torts: Due Process of Compensation for Crime Victims, 41 Notre Dame L. Rev. 487 (1966). Available at: http://scholarship.law.nd.edu/ndlr/vol41/iss4/4 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. CRIME-TORTS: DUE PROCESS OF COMPENSATION FOR CRIME VICTIMS Luis Kutner* This article is concerned with the due process rights of victims of crimes to bring a civil action for damages against the government responsible for maintaining law and order, whether it is federal, state or municipal. Since criminal law is that part of social control which is enforced by public officers, what rights inure to the public when social control breaks down? Since indi- vidual freedom is limited by social control, what remedy is there when limitations on individual freedom prevent effective self-protection? One of the risks of living in society is the recurrence of criminal violence. Since it is a continuing, serious social problem - one that cannot ever be com- pletely eliminated - countless thousands of victims will suffer violence upon their person through no fault of their own. The obligation to redress the wrongs arising out of criminal violence rests upon the local government, which has a duty to furnish adequate police protection. -
Crimes and Criminal Procedure—Appeals Of
Crimes and Criminal Procedure—Appeals of Municipal Court and District Magistrate Judgments; Search Warrants; Reporting of Pornographic Materials Seized or Documented as Evidence; Sub. for HB 2017 Sub. for HB 2017 amends provisions of the Kansas Code of Criminal Procedure concerning appeals of municipal court and district magistrate judgments, search warrants, and reporting of pornographic materials seized or documented as evidence. Municipal Court and District Magistrate Judgments The bill amends the law concerning appeals to the district court of municipal court judgments and judgments of a district magistrate judge to provide that these appeals can be filed only after the sentence has been imposed. Further, the bill provides no appeal can be taken more than 14 days after the sentence is imposed. Search Warrants Previously, all search warrants were required to be supported by facts sufficient to show probable cause that a crime has been or is being committed. The bill allows for a warrant to be issued based on probable cause that a crime is about to be committed and makes other technical amendments applicable to all search warrants. Further, the bill adds language specific to search warrants for tracking devices, allowing a magistrate to issue a search warrant for the installation, maintenance, and use of a tracking device. The warrant authorizes use of the device to track and collect tracking data relating to a person or property for a specified time period, but no more than 30 days from installation. The bill defines “tracking device” and “tracking data.” For good cause shown, the warrant can authorize retrieval of tracking data recorded during the specified time period within a reasonable time after the warrant expires, and the magistrate can authorize one or more extensions of the warrant of no more than 30 days each. -
Self-Help in the Collection of Debts As a Defense to Criminal Prosecution
Washington University Law Review Volume 24 Issue 1 1938 Self-Help in the Collection of Debts as a Defense to Criminal Prosecution Milton H. Aronson Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Criminal Law Commons Recommended Citation Milton H. Aronson, Self-Help in the Collection of Debts as a Defense to Criminal Prosecution, 24 WASH. U. L. Q. 117 (1938). Available at: https://openscholarship.wustl.edu/law_lawreview/vol24/iss1/11 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. 19381 NOTES SELF-HELP IN THE COLLECTION OF DEBTS AS A DEFENSE TO CRIMINAL PROSECUTION Adverse economic conditions present the spectacle of petty creditors going to unusual lengths to collect. Some apply cajol- ery, trickery, threats, even force in attempting to secure pay- ments. But save in instances of self-defense, recaption and repri- sals, entry on lands, the abatement of nuisances, and distraint, the right to self-redress is not recognized,' because The public peace is a superior consideration to any one man's private property; and * * * , if individuals were once allowed to use private force as a remedy for private injuries, all social justice must cease, the strong would give law to the weak, and every man would revert to a state of nature; for these reasons it is provided that this natural right * * * shall never be exercised where such exertion must occasion strife and bodily contention, or endanger the peace of so- 2 ciety.