...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...should also let him know that he has a right to counsel. Miranda rights were created in 1966 and anybody in police custody like John is entitled to them. In case John needs an English interpreter, the rights say that he is entitled to one too. An equal protection clause together with a due process is therefore owed to John even though he is illegally in the country. If a suspect is not warned about their rights, any information got from them could be suppressed in a proper motion; it cannot therefore be used against them (Batra, 2009). The detectives were therefore not supposed to conduct an interview on him before explaining the Miranda rights to him....
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...evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. •A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law While many citizens think the real action in the criminal courts happens during trials, they are wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather than trials. Most of those guilty pleas are the result of agreements between prosecutors and defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a defendant (for example, reducing charges or recommending a lighter sentence) in exchange for the defendant's pleading guilty. Even cases that go to trial are sometimes decided before the trial begins. Some experts think that the O.J. Simpson case, for example, was won outside the courtroom through early forensic work by experts and through a legal strategy that forced the prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding. In the landmark case Gideon v. Wainwright (1963), the U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. Gideon was entitled to a retrial because Florida failed to provide him with an attorney. After this decision, states were...
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...unable to post bail. Reiterating, a majority of these cases are non-violent crimes, misdemeanors, which should not hold people in jail because they are unable to pay. The outcome of the pretrial criminal justice system is designed in a way that horrifically modifies the lives of un-convicted people. If we really dig deep we will find that many of these jail bookings are...
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...Privizaitonal of prison bail system certain amount of money as bond return to you when you show for trail you have great you don’t big trouble. Pay the bail or await the trial in jail. You may say no big deal but for the many that don’t have the money the question becomes “what do you do, what do you do when the requested amount of money you don’t have and you can’t get it from any other means you have to go to jail. You have to spend time in the prison system or the county jail awaiting trial for a non-criminal offense. Of course some of us would love to take a train back to the beginning of the sentence when I said he was driving with a suspended license of course this wasn’t his first offense with such charge, then again it is a non-violent offense. And what he is left with is spending time in jail, yet Ryker’s Island, prison. Now if you can’t afford the bail, there are alternatives that you can choose….check this out::::::same URL for John Oliver just set it at 4:44 So was the system set up to accommodate the rich and persecute the poor or was it set to persecute the wrong doer period? Well a report in 2013 “40% held in custody inability to pay bail”…… Jail can do to you actual life what being the marching band can do to your social life, if you are in it for only a little while it can destroy you…simply destroy you…..better use in d.c. judges set bail only if they can afford it, if you can you go home if you can’t you still go home awaiting trial. This is call pre-trial...
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...The criminal Justice System operates as a system and affects people’s lives throughout the shape of the system. To gain more understanding about the system, it is imperial to be familiar about the goals, resources, and the decisions making process which involves decisions made by polices, prosecutors and judges. In fact, in the criminal justice system, the defendants charged will go through the stage of the justice system from arrest to pretrial hearings, to resolution of their case through a plea negotiation or trials which is a part of the criminal justice system....
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...parole are NOT the same thing -1.3% average annual increase from 2000 to 2009 But declined 1.3% in 2010 to 2009 “has the correctional population supervision increased or decreased from 2000 to 2009?” Answer: INCREASED - the majority of people in the corrections system are on PROBATION - Percentage breakdowns for types of offences: 9% Public Disorder (35% federal) DUI, indecent exposure, drunken disorderly, prostitution, etc. 18% Drug Offence (51% federal) 19% Property Offense (less than 10% federal) 53% Violent Offenses (less than 10% federal) - Regions highest to lowest South West Midwest Fed? North East - Top 5 States Federal Texas California Florida New York Notes From Ch. 1 in Textbook- - Penology the study of the use of punishment for criminal acts - Penitentiary typically used to describe older or highly secure prisons; first term used to describe secure facilities to hold criminals - Corrections the range of community and institutional sanctions, treatment programs, and services for managing criminal offenders - Gaols English system of jails - Walnut Street Jail first penitentiary in the united states -Pennsylvania System the “separate and Silent” system...
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...Does Europe need a lender of last resort? German Chancellor Angela Merkel and French President Nicolas Sarkozy appear to hope their recent Summit will avoid further increasing Euro rescue fund, the European Financial Stability Facility (EFSF), or issuing joint Eurobonds. Both measures are extremely unpopular in Germany, which sees itself as the financier of spendthrift southern Euro zone member countries. Germans are only willing to pay with “their” money in “return” for strict austerity measures. And, as Merkel has said, Eurobonds would only be considered as last means. The German Chancellor seems to believe that the Euro zone is not yet at the point where last resort measures need to be considered seriously. Unfortunately, Mrs Merkel may be wrong. Are we there yet? There are a number of compelling reasons to back this. With Italy and Spain (and eventually France and Belgium) in peril, even a tripling or a quadrupling of the ESFS fund would not be sufficient. And by providing such funds the debt crisis would surely arrive in Germany, too. So far, imposed austerity measures have induced recessions in the debtor countries, Euro zone economic growth is flat and even in Germany zero growth was reported in the last quarter. All this makes it more difficult to grow out of the debts. Financial markets and especially interbank markets are increasingly showing signs of resembling the conditions preceding the global financial crisis conditions – strongly suggesting that another...
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...ICB Independent Commission on Banking Final Report Recommendations September 2011 ICB Independent Commission on Banking Final Report Recommendations September 2011 Official versions of this document are printed on 100% recycled paper. When you have finished with it please recycle it again. If using an electronic version of the document, please consider the environment and only print the pages which you need and recycle them when you have finished. © Crown copyright 2011 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-governmentlicence/ or e-mail: psi@nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to: Independent Commission on Banking Victoria House Southampton Row London WC1B 4AD This document is also available from our website at http://bankingcommission.independent.gov.uk/ ISBN 978-1-845-32-829-0 Produced by the Domarn Group, London. Final Report Contents Contents ...................................................................................................................... 1 List of acronyms .........................................................................................
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...The countries known collectively as the PIIGS—Portugal, Ireland, Italy, Greece, and Spain—are burdened with increasingly unsustainable levels of public and private debt. Portugal, Ireland, and Greece have seen their borrowing costs soar to record highs in recent weeks, even after their loss of market access led to bailouts financed by the European Union and the International Monetary Fund. Spanish borrowing costs are also rising. Greece is clearly insolvent. Even with a draconian austerity package, totaling 10 percent of gross domestic product, its public debt would rise to 160 percent of GDP. Portugal, where growth has been stagnant for a decade, is experiencing a slow-motion fiscal train wreck that will lead to public-sector insolvency. In Ireland and Spain, transferring the banking system's huge losses to the government's balance sheet—on top of already-escalating public debt—will eventually lead to sovereign insolvency. The official approach, Plan A, has been to pretend that these economies are suffering from a liquidity crunch, not a solvency problem. The hope is that bailout loans, with fiscal austerity and structural reforms, can restore debt sustainability and market access. But this "extend and pretend" or "lend and pray" approach is bound to fail, because most of the options that indebted countries have used in the past to extricate themselves from excessive debt are not feasible. For example, the time-honored solution of printing money and escaping debt via inflation...
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...Case study of American International Group The fallen Giant AIG is the story of a company and its network of financial partners, who took unprotected risk and fell because of it. To prevent global economic disaster, the U.S. government came to its rescue. This has resulted in the biggest taxpayer bailout of a private company in American history. American International Group, Inc. is a company whose operation began back in 1919. It was established back then by Cornelius Vander Starr as an insurance agency in Shanghai, China. AIG left china in 1949 after Starr had established himself as the westerner the sell insurance to the Chinese people. AIG headquarters then shifted from china to New York City after the communist came to power, which is still the headquarters up to date. It is from here that AIG began its expansion tapping into other markets such as the Latin America, Asia, Middle East and Europe through use of its subsidiaries.In 1962, Starr gave management of the company’s lagging U.S. holdings to Maurice R. Greenberg, who shifted its focus onto selling insurance through independent brokers rather than agents. The start of the problems faced by AIG began during the occupancy of Greenberg as AIGs' CEO. It was during tenure that the corporation expanded from its original line of insurance into other many complex lines of business and insuring risks that only a few other companies would consider handling. This led to the involvement of the company in businesses that it...
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...agricultural, and banking industries. For this reason, the U.S. is a global economy, relying upon foreign investments and trade to create and retain wealth. Over the years, America has evolved from farming-based, to industrial, to a services-based economy. As a result, the banking system from its inception has weathered the many growing pains associated with a new government and currency, instituting regulations and a centralized bank to examine the economy, and implementing policies intended to offset factors negatively affecting the general financial health of the country. Despite the growing need for quick, precise actions by the Federal Reserve System, the decision-making regarding the economy is often met with controversy. The recent bail out plan, passed by Congress, faced skepticism and is still being questioned as to its effectiveness. As we have seen in the news, the Federal Reserve has taken a strong stance and defends its rationale for its response to the growing crisis. “For these reasons”, the Federal Reserve System,” while an American institution” is indirectly a global policy-maker, and therefore, its influence is both far-reaching and necessary....
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...In this paper, I will be going over the following case study. I will be doing this from my personal perspective and experiences as a law enforcement officer, and based off of my common knowledge. “John Doe is an individual who left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to...
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...The Eurozone crisis (often referred to as the Euro crisis) is an ongoing crisis that has been affecting the countries of the Eurozone since late 2009. It is a combined sovereign debt crisis, a banking crisis and a growth and competitiveness crisis.[8] The crisis made it difficult or impossible for some countries in the euro area to repay or re-finance their government debt without the assistance of third parties. Moreover, banks in the Eurozone are undercapitalized and have faced liquidity problems. Additionally, economic growth is slow in the whole of the Eurozone and is unequally distributed across the member states.[8] In 1992, members of the European Union signed the Maastricht Treaty, under which they pledged to limit their deficit spending and debt levels. However, in the early 2000s, a number of EU member states were failing to stay within the confines of the Maastricht criteria and turned to securitising future government revenues to reduce their debts and/or deficits. Sovereigns sold rights to receive future cash flows, allowing governments to raise funds without violating debt and deficit targets, but sidestepping best practice and ignoring internationally agreed standards.[9] This allowed the sovereigns to mask (or "Enronize") their deficit and debt levels through a combination of techniques, including inconsistent accounting, off-balance-sheet transactions as well as the use of complex currency and credit derivatives structures.[9] From late 2009, fears of...
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