Injia on Practice and Procedure in Papua New Guinea and the

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Language: English

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Defendants who are held in custody without bond may be released after 48 hours if the County Attorney has not filed charges in a direct complaint. Often, the County Attorney reviews the case and decides to offer a plea “deal.” This offer is an agreement between the State and the defendant that he or she will plead guilty under certain specified terms. Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration.

Pages: 1074

Publisher: University of Papua New Guinea Press (November 13, 2013)

ISBN: 9980879203

Criminal Law and Its Processes: Cases and Materials, Eighth Edition 8th Edition by Kadish, Sanford H., Schulhofer, Stephen J., Steiker, Profess [Hardcover]

For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables. 1994—Pub , source: Gangs and Gang Behavior www.swt-c.com. Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act in violation of section 1581(a), 1592, or 1595(a), knowing or in reckless disregard of the fact that the venture has engaged in such violation, shall be fined under this title or imprisoned in the same manner as a completed violation of such section. (a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section. (b) Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section. (c) Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both. (d) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States— (1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. (e)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them: (A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter. (B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter. (2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection. 2008—Subsecs. (b) to (f) Comparative Executive download here Comparative Executive Clemency: The.

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Fraud and comparable job in reference to id records, authentication good points, and data (1) knowingly and with no lawful authority produces an identity record, authentication function, or a fake id record; (2) knowingly transfers an identity record, authentication characteristic, or a fake id rfile realizing that such record or characteristic used to be stolen or produced with no lawful authority; (3) knowingly possesses with rationale to exploit unlawfully or move unlawfully 5 or extra id records (other than these issued lawfully for using the possessor), authentication positive aspects, or fake identity files; (4) knowingly possesses an id record (other than one issued lawfully for using the possessor), authentication characteristic, or a fake id rfile, with the purpose such record or characteristic be used to defraud the U.S.; (5) knowingly produces, transfers, or possesses a document-making enforce or authentication characteristic with the reason such document-making enforce or authentication characteristic may be utilized in the construction of a fake identity record or one other document-making enforce or authentication characteristic with a purpose to be so used; (6) knowingly possesses an identity rfile or authentication function that's or seems to be an identity rfile or authentication function of the U.S. or a sponsoring entity of an occasion certain as a unique occasion of nationwide importance that is stolen or produced with out lawful authority figuring out that such rfile or function used to be stolen or produced with no such authority; (7) knowingly transfers, possesses, or makes use of, with no lawful authority, a method of id of someone else with the purpose to devote, or to assist or abet, or in reference to, any illegal job that constitutes a contravention of Federal legislation, or that constitutes a legal below any acceptable nation or neighborhood legislation; or (8) knowingly traffics in fake or genuine authentication beneficial properties to be used in fake id files, document-making implements, or technique of id; might be punished as supplied in subsection (b) of this part. (1) other than as supplied in paragraphs (3) and (4), a good less than this name or imprisonment for no more than 15 years, or either, if the offense is— (A) the construction or move of an id record, authentication function, or fake id rfile that's or seems to be— (i) an identity record or authentication characteristic issued by means of or less than the authority of the us; or (ii) a start certificates, or a driver's license or own id card; (B) the construction or move of greater than 5 identity records, authentication positive factors, or fake id records; (C) an offense lower than paragraph (5) of such subsection; or (D) an offense below paragraph (7) of such subsection that comprises the move, ownership, or use of one or extra technique of identity if, due to the offense, anybody committing the offense obtains something of worth aggregating $1,000 or extra in the course of any 1-year interval; (2) other than as supplied in paragraphs (3) and (4), an excellent less than this identify or imprisonment for no more than five years, or either, if the offense is— (A) the other creation, move, or use of a method of id, an identity document,, 1 authentication characteristic, or a fake id record; or (B) an offense below paragraph (3) or (7) of such subsection; (3) a good less than this identify or imprisonment for no more than twenty years, or either, if the offense is dedicated— (C) after a previous conviction lower than this part turns into ultimate; (4) a very good lower than this identify or imprisonment for no more than 30 years, or either, if the offense is dedicated to facilitate an act of household terrorism (as outlined less than part 2331(5) of this name) or an act of foreign terrorism (as outlined in part 2331(1) of this title); (5) in relation to any offense below subsection (a), forfeiture to the USA of any own estate used or meant for use to devote the offense; and (6) an excellent less than this name or imprisonment for no more than twelve months, or either, or else. (1) the identity rfile, authentication function, or fake id record is or seems to be issued via or lower than the authority of the USA or a sponsoring entity of an occasion detailed as a different occasion of nationwide value or the document-making enforce is designed or suited to making such an identity record, authentication characteristic, or fake identity record; (2) the offense is an offense less than subsection (a)(4) of this part; or (A) the construction, move, ownership, or use prohibited via this part is in or impacts interstate or international trade, together with the move of a record by means of digital capability; or (B) the technique of id, identity rfile, fake identity rfile, or document-making enforce is transported within the mail throughout the creation, move, ownership, or use prohibited by way of this part. (1) the time period “authentication function” ability any hologram, watermark, certification, image, code, snapshot, series of numbers or letters, or different function that both separately or together with one other characteristic is utilized by the issuing authority on an identity rfile, document-making enforce, or technique of id to figure out if the record is counterfeit, altered, or differently falsified; (2) the time period “document-making enforce” capability any enforce, impact, template, laptop dossier, computing device disc, digital equipment, or computing device or software program, that's in particular configured or basically used for making an id rfile, a fake identity record, or one other document-making enforce; (3) the time period “identification rfile” capacity a rfile made or issued by way of or below the authority of the USA govt, a country, political subdivision of a nation, a sponsoring entity of an occasion specified as a different occasion of nationwide importance, a overseas executive, political subdivision of a international executive, a global governmental or a global quasi-governmental association which, while accomplished with info touching on a selected person, is of a sort meant or regularly permitted for the aim of id of people; (A) isn't issued by way of or less than the authority of a governmental entity or used to be issued lower than the authority of a governmental entity yet was once to that end altered for reasons of deceit; and (B) seems to be issued by means of or lower than the authority of the us govt, a country, a political subdivision of a kingdom, a sponsoring entity of an occasion special by way of the President as a unique occasion of nationwide importance, a overseas executive, a political subdivision of a international executive, or a global governmental or quasi-governmental association; (A) is real in beginning, yet, with out the authorization of the issuing authority, has been tampered with or altered for reasons of deceit; (B) is actual, yet has been allotted, or is meant for distribution, with out the authorization of the issuing authority and never in reference to a lawfully made id record, document-making enforce, or technique of identity to which such authentication function is meant to be affixed or embedded through the respective issuing authority; or (C) seems to be real, yet isn't; (A) skill any governmental entity or enterprise that's approved to factor identity files, technique of identity, or authentication beneficial properties; and (B) contains the us executive, a kingdom, a political subdivision of a country, a sponsoring entity of an occasion precise through the President as a different occasion of nationwide value, a overseas govt, a political subdivision of a international executive, or a global govt or quasi-governmental association; (7) the time period “means of id” potential any identify or quantity which may be used, on my own or along side the other details, to spot a selected person, together with any— (A) identify, social protection quantity, date of beginning, authentic country or executive issued driver's license or id quantity, alien registration quantity, govt passport quantity, company or taxpayer id quantity; (B) particular biometric facts, akin to fingerprint, voice print, retina or iris photo, or different designated actual illustration; (C) specific digital id quantity, tackle, or routing code; or (8) the time period “personal id card” skill an id rfile issued by way of a nation or neighborhood executive exclusively for the aim of identity; (9) the time period “produce” contains modify, authenticate, or gather; (10) the time period “transfer” contains deciding upon an id record, fake id rfile, or document-making enforce and putting or directing the location of such id record, fake identity record, or document-making enforce on an internet place the place it really is to be had to others; (11) the time period “State” comprises any country of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, and the other commonwealth, ownership, or territory of the USA; and (A) to move, move, or differently put off, to a different, as attention for something of price; or (B) to make or receive regulate of with purpose to so shipping, move, or differently get rid of. (e) This part doesn't restrict any lawfully licensed investigative, protecting, or intelligence task of a legislations enforcement employer of the us, a country, or a political subdivision of a kingdom, or of an intelligence supplier of the USA, or any job licensed below bankruptcy 224 of this identify. .—Any one who makes an attempt or conspires to dedicate any offense below this part will likely be topic to an identical consequences as these prescribed for the offense, the fee of which used to be the item of the test or conspiracy. .—The forfeiture of estate below this part, together with any seizure and disposition of the valuables and any similar judicial or administrative continuing, might be ruled via the provisions of part 413 (other than subsection (d) of that part) of the great Drug Abuse Prevention and keep an eye on Act of 1970 (21 U , e.g. Card, Cross & Jones: Criminal Law Card, Cross & Jones: Criminal Law.

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