Modern Criminal Procedure and Basic Criminal Procedure :

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Language: English

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Upon the filing of a petition under this rule, the petitioner shall immediately forward a copy of the petition to the circuit judge who entered the order required in subsection (b)(2) of this rule, the prosecuting attorney for the district, the Attorney General, the petitioner's counsel of record at the trial resulting in the sentence of death, and the Executive Director of the Arkansas Public Defender Commission. (g) Effect on sentence of death.

Pages: 0

Publisher: West Publishing Company, College & School Division (August 1, 1986)

ISBN: 0314285997

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Privacy rights not normally significantly interfered with. Lesser expectation of privacy – border searchesUsually not done by law enforcement. Usually done by an administrative official. School searches of lockers, sobriety checkpoints, school testing of athletes. Camara-See cases – health inspection cases. Court stuck to warrant rule but said PC does not require individualized suspicion Policing America: Challenges and Best Practices [POLICING AMER 7/E] [Paperback] In so doing, the judicial officer shall first determine by an informal, non-adversary hearing whether there is probable cause for detaining the arrested person pending further proceedings. The standard for determining probable cause at such hearing shall be the same as that which governs arrests with or without a warrant. (a) An inquiry by the judicial officer into the relevant facts which might affect the pretrial release decision shall be made: (i) in all cases where the maximum penalty for the offense charged exceeds one (1) year and the prosecuting attorney does not stipulate that the defendant may be released on his own recognizance; (ii) in those cases where the maximum penalty for the offense charged is less than one (1) year and in which a law enforcement officer gives notice to the judicial officer that he intends to oppose release of the defendant on his own recognizance. (b) In all other cases, the judicial officer may release the defendant on his own recognizance or on order to appear without conducting a pretrial release inquiry. (a) A pretrial release inquiry shall be conducted by the judicial officer prior to or at the first appearance of the defendant. (b) The inquiry should take the form of an assessment of factors relevant to the pretrial release decision, such as: (i) the defendant's employment status, history and financial condition; (ii) the nature and extent of his family relationships; (iii) his past and present residence; (iv) his character and reputation; (v) persons who agree to assist him in attending court at the proper times; (vi) the nature of the current charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty; (vii) the defendant's prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required; (viii) any facts indicating the possibility of violations of law if the defendant is released without restrictions; and (ix) any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction. (c) The prosecuting attorney should make recommendations to the judicial officer concerning: (i) the advisability and appropriateness of pretrial release; (ii) the amount and type of bail bond; (iii) the conditions, if any, which should be imposed on the defendant's release , e.g. Understanding Criminal download here

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A invoice of exceptions shall now not be filed by way of a brand new legal professional of list in the prolonged time allowed via this part till he has given observe of switch of suggestions through submitting an announcement to that impression within the place of work of the clerk of court docket. The clerk of the trial court docket shall make up the checklist on allure which shall include qualified copies of all papers within the continuing filed within the reduce courtroom, together with the indictment, all entries of checklist made by means of the clerk, all writs and returns thereon that have been filed, notices, motions, orders, directions to the jury insofar as they have been decreased to writing, the decision or discovering, the judgment and sentence, the invoice of exceptions, and the transcript of the testimony in its entirety Relapse Prevention Therapy With Chemically Dependent Criminal Offenders: An Executive Briefing for Judges and Policymakers C., 1940 ed., have been incongruous in juxtaposition with different sections of this bankruptcy and have been accordingly elevated to $5,000 and five years. (See sections 656 and 657 of this title.) The smaller punishment for an offense regarding $100 or much less was once additional. (See reviser's notes lower than sections 641 and 645 of this title.) Minor adjustments have been made in phrasing. [Section 12] conforms part 658 of name 18 U The Lawyer-Judge Bias in the American Legal System The Lawyer-Judge Bias in the American. to elucidate which means of “department” phrases “agency” and “or supplier” have been inserted after it. (See definitions of “department” and “agency” in part 6 of this title.) phrases “or any company during which the us of the US is a stockholder” which seemed in areas have been passed over as pointless in view of definition of “agency” in part 6 of this title , e.g. Criminal Evidence in Context (Textbooks) Criminal Evidence in Context (Textbooks).

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