Harvard Law Review: Volume 129, Number 8 - June 2016

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The charge shall be put to the accused by the prosecutor before the trial of the accused is commenced, and the accused shall, subject to the provisions of sections 77, 85 and 105A, be required by the court forthwith to plead thereto in accordance with section 106. (a) A prosecutor authorised thereto in writing by the National Director of Public Prosecutions and an accused who is legally represented may, before the accused pleads to the charge brought against him or her, negotiate and enter into an agreement in respect of- (i) a plea of guilty by the accused to the offence charged or to an offence of which he or she may be convicted on the charge; and (aa) a just sentence to be imposed by the court; or (cc) a just sentence to be imposed by the court, of which the operation of the whole or any part thereof is to be suspended in terms of section 297(1)(b); and (dd) if applicable, an award for compensation as contemplated in section 300. (i) after consultation with the person charged with the investigation of the case; (ii) with due regard to, at least, the- (aa) nature of and circumstances relating to the offence; (bb) personal circumstances of the accused; (cc) previous convictions of the accused, if any; and (dd) interests of the community, and (iii) after affording the complainant or his or her representative, where it is reasonable to do so and taking into account the nature of and circumstances relating to the offence and the interests of the complainant, the opportunity to make representations to the prosecutor regarding- (aa) the contents of the agreement; and (bb) the inclusion in the agreement of a condition relating to compensation or the rendering to the complainant of some specific benefit or service in lieu of compensation for damage or pecuniary loss. (i) cause substantial prejudice to the prosecution, the accused, the complainant or his or her representative; and (ii) affect the administration of justice adversely. (a) state that the accused, before entering into the agreement, has been informed that he or she has the right- (i) to be presumed innocent until proved guilty beyond reasonable doubt; (ii) to remain silent and not to testify during the proceedings; and (iii) not to be compelled to give self-incriminating evidence; (b) state fully the terms of the agreement, the substantial facts of the matter, all other facts relevant to the sentence agreement and any admissions made by the accused; (c) be signed by the prosecutor, the accused and his or her legal representative; and (d) if the accused has negotiated with the prosecutor through an interpreter, contain a certificate by the interpreter to the effect that he or she interpreted accurately during the negotiations and in respect of the contents of the agreement. (a) The prosecutor shall, before the accused is required to plead, inform the court that an agreement contemplated in subsection (1) has been entered into and the court shall then- (i) require the accused to confirm that such an agreement has been entered into; and (ii) satisfy itself that the requirements of subsection (1)(b)(i) and (iii) have been complied with. (i) inform the prosecutor and the accused of the reasons for noncompliance; and (ii) afford the prosecutor and the accused the opportunity to comply with the requirements concerned. (5) If the court is satisfied that the agreement complies with the requirements of subsection (1)(b)(i) and (iii), the court shall require the accused to plead to the charge and order that the contents of the agreement be disclosed in court. (a) After the contents of the agreement have been disclosed, the court shall question the accused to ascertain whether- (i) he or she confirms the terms of the agreement and the admissions made by him or her in the agreement; (ii) with reference to the alleged facts of the case, he or she admits the allegations in the charge to which he or she has agreed to plead guilty; and (iii) the agreement was entered into freely and voluntarily in his or her sound and sober senses and without having been unduly influenced. (b) After an inquiry has been conducted in terms of paragraph (a), the court shall, if- (i) the court is not satisfied that the accused is guilty of the offence in respect of which the agreement was entered into; or (ii) it appears to the court that the accused does not admit an allegation in the charge or that the accused has incorrectly admitted any such allegation or that the accused has a valid defence to the charge; or (iii) for any other reason, the court is of the opinion that the plea of guilty by the accused should not stand, record a plea of not guilty and inform the prosecutor and the accused of the reasons therefor. (c) If the court has recorded a plea of not guilty, the trial shall start de novo before another presiding officer: Provided that the accused may waive his or her right to be tried before another presiding officer. (a) If the court is satisfied that the accused admits the allegations in the charge and that he or she is guilty of the offence in respect of which the agreement was entered into, the court shall proceed to consider the sentence agreement. (aa) direct relevant questions, including questions about the previous convictions of the accused, to the prosecutor and the accused; and (bb) hear evidence, including evidence or a statement by or on behalf of the accused or the complainant; and (aa) referred to in the Schedule to the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997); or (bb) for which a minimum penalty is prescribed in the law creating the offence, have due regard to the provisions of that Act or law. (8) If the court is satisfied that the sentence agreement is just, the court shall inform the prosecutor and the accused that the court is so satisfied, whereupon the court shall convict the accused of the offence charged and sentence the accused in accordance with the sentence agreement. (a) If the court is of the opinion that the sentence agreement is unjust, the court shall inform the prosecutor and the accused of the sentence which it considers just. (b) Upon being informed of the sentence which the court considers just, the prosecutor and the accused may- (i) abide by the agreement with reference to the charge and inform the court that, subject to the right to lead evidence and to present argument relevant to sentencing, the court may proceed with the imposition of sentence; or (ii) withdraw from the agreement. (c) If the prosecutor and the accused abide by the agreement as contemplated in paragraph (b)(i), the court shall convict the accused of the offence charged and impose the sentence which it considers just. (d) If the prosecutor or the accused withdraws from the agreement as contemplated in paragraph (b)(ii), the trial shall start de novo before another presiding officer: Provided that the accused may waive his or her right to be tried before another presiding officer. (i) any negotiations which preceded the entering into the agreement; (iii) any record of the agreement in any proceedings relating thereto, unless the accused consents to the recording of all or certain admissions made by him or her in the agreement or during any proceedings relating thereto and any admission so recorded shall stand as proof of such admission; (b) the prosecutor and the accused may not enter into a plea and sentence agreement in respect of a charge arising out of the same facts; and (c) the prosecutor may proceed on any charge. (a) The National Director of Public Prosecutions, in consultation with the Minister, shall issue directives regarding all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this section and any directive so issued shall be observed in the application of this section. (aa) any offence referred to in the Schedule to the Criminal Law Amendment Act, 1997, or any other offence for which a minimum penalty is prescribed in the law creating the offence; (bb) any offence in respect of which a court has the power or is required to conduct a specific enquiry, whether before or after convicting or sentencing the accused; and (cc) any offence in respect of which a court has the power or is required to make a specific order upon conviction of the accused; (ii) may prescribe the procedures to be followed in the application of this section relating to any other offence in respect of which the National Director of Public Prosecutions deems it necessary or expedient to prescribe specific procedures; (iii) must ensure that adequate disciplinary steps shall be taken against a prosecutor who fails to comply with any directive; and (iv) must ensure that comprehensive records and statistics relating to the implementation and application of this section are kept by the prosecuting authority. (c) The National Director of Public Prosecutions shall submit directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this section. (d) Any directive issued under this subsection may be amended or withdrawn in like manner. (12) The National Director of Public Prosecutions shall at least once every year submit the records and statistics referred to in subsection (11)(b)(iv) to Parliament. (a) that he is guilty of the offence charged or of any offence of which he may be convicted on the charge; or (b) that he is not guilty; or (c) that he has already been convicted of the offence with which he is charged; or (d) that he has already been acquitted of the offence with which he is charged; or (e) that he has received a free pardon under section 327(6) from the State President for the offence charged; or (f) that the court has no jurisdiction to try the offence; or (g) that he has been discharged under the provisions of section 204 from prosecution for the offence charged; or (h) that the prosecutor has no title to prosecute. (2) Two or more pleas may be pleaded together except that a plea of guilty may not be pleaded with any other plea to the same charge. (3) An accused shall give reasonable notice to the prosecution of his intention to plead a plea other than the plea of guilty or not guilty, and shall in such notice state the ground on which he bases his plea: Provided that the requirement of such notice may be waived by the attorney-general or the prosecutor, as the case may be, and the court may, on good cause shown, dispense with such notice or adjourn the trial to enable such notice to be given. (4) An accused who pleads to a charge, other than a plea that the court has no jurisdiction to try the offence, or an accused on behalf of whom a plea of not guilty is entered by the court, shall, save as is otherwise expressly provided by this Act or any other law, be entitled to demand that he be acquitted or be convicted.

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True Detective Mysteries

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Not more than 25 officers and employees currently employed by the Federal Government at any one time may have been granted waivers under this paragraph. (B)(i) A waiver granted under this paragraph to any person shall apply only with respect to activities engaged in by that person after that person's Federal Government employment is terminated and only to that person's employment at a Government-owned, contractor operated entity with which the person served as an officer or employee immediately before the person's Federal Government employment began. (ii) Notwithstanding clause (i), a waiver granted under this paragraph to any person who was an officer or employee of Lawrence Livermore National Laboratory, Los Alamos National Laboratory, or Sandia National Laboratory immediately before the person's Federal Government employment began shall apply to that person's employment by any such national laboratory after the person's employment by the Federal Government is terminated. (2) Waivers under paragraph (1) may be granted only to civilian officers and employees of the executive branch, other than officers and employees in the Executive Office of the President. (A) the officer or employee covered by the waiver by name and by position, and (B) the reasons for granting the waiver.

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UDOM Consequently bail secures a temporary release of accused person upon certain conditions pending the finalization of court proceedings. Anyone can be a party to a civil case including people, businesses, and government entities. The judicial personnel directing the execution shall verify the identity of the criminal offender, ask him if he has any last words or letters, and then deliver him to the executioner for the death sentence. Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc. © Since 1995 Advice Company, All Rights Reserved FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995.

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New Hampshire, therefore, provides expanded protections under the Fourth Amendment. Yes, significantly: criminal law is the general law that covers all aspects of the criminal justice system, including the various crimes, their penalties, and how each case is prosecuted. A. and Canada by Kluwer Academic, c1995, xxiv, 47 p., at pp. 175 to approx. 190, ISBN: 0792328884; note: "Papers of a seminar organized by the International Institute of Higher Studies and held in Siracusa, Italy, July 1992"; OYEWO, A.

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CRIMINAL PROCEDURE Far Eastern University Institute of Law immediately pursue or retake him without a warrant at any time and in any place within the Philippines. Attempted murder and attempted rape are examples of felonious attempts. Paragraphs (17), (37), and (41) of section 40102 of title 49, referred to in par. (9)(A), (B), probably means paragraphs (17), (37), and (41) of subsection (a) of section 40102 of title 49.

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L. 101–73, which was approved Aug. 9, 1989. C., 1940 ed., to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title 16. Colonial Americans prized the trial as "an occasion for repentance and reintegration: a ritual for reclaiming lost sheep and restoring them to the flock." 159 For those offenders who refuse to confess or repent, trials still bring catharsis and closure to victims and the community.

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Section 161 With the condition that the charge is preferred in conflict with law, the court shall, by order, direct the prosecutor to have the charge corrected, or dismiss or exclude the charge. If the convicted person has a statutory representative, the latter’s consent shall be required. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation.

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The commitment to the mental institution shall be for a period of six months, and may be extended on order of the court for successive periods of six months so long as the release of the prisoner would be dangerous. 1. Article 101:People's courts trying attached civil suits may perform mediation or make a ruling or judgment on the basis of the situation of the loss. The library is located on the first floor of the Heflin-Torbert Judicial Building. But, if the Court deems that, according to the conditions and circumstances, the offender may not have known that the law has been prescribed that such act to be an offence, the evidence may be allowed by the Court in order to such person to produce before the Court, and if the doer, whom the Court believes that, does not know that the law has be so provided, the Court may inflict less punishment to any extent than that prescribed by the law for such offence.

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In criminal law, a defendant can be punished in three ways. If the accused person does not agree with certain things in the prosecution file or dispute facts the court will enter a plea of not guilty. Besides setting a standard for capital punishment, this verse and the following verses (8-13) acknowledge that there will be hard questions of law which should be decided at the appellate level (in this historical context, the clergy). L. 93–406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of Title 29, Labor, see section 1031(b)(1) of Title 29.

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C., 1940 ed., as subsections (a) and (b), respectively. Banking Courts Services Tribunals Income Tax Tribunals Anti Corruption Courts Anti Narcotics Courts Anti terrorist Courts Labour Relations Court Board of Revenue. ================================ The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts.bail applications are heard and decided by Magistrate Courts. No confession made by any person shall be admissible as evidence against another person. (1) Evidence of any admission made extra-judicially by any person in relation to the commission of an offence shall, if such admission does not constitute a confession of that offence and is proved to have bee voluntarily made by that person, be admissible in evidence against him at criminal proceedings relating to that offence: Provided that where the admission is made to a magistrate and reduced to writing by him or is confirmed and reduced to writing in the presence of a magistrate, the admission shall, upon the mere production at the proceedings in question of the document in which the admission is contained – (a) be admissible in evidence against such person if it appears from such document that the admission was made by a person whose name corresponds to that of such person and, in the case of an admission made to a magistrate or confirmed in the presence of a magistrate through an interpreter, if a certificate by the interpreter appears on such document to the effect that he interpreted truly and correctly and to the best of his ability with regard to the contents of the admission and any question put to such person by the magistrate; and (b) be presumed, unless the contrary is proved, to have been voluntarily made by such person if it appears from the document in which the admission is contained that the admission was made voluntarily by such person.

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