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Category: Criminal Procedure

Reimagining Restorative Justice: Agency and Accountability

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If the magistrate, justice of the peace, or the judicial officer empowered to perform such function is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched. The judges have greater latitude in handling juvenile cases. If probable cause is found at the conclusion of a preliminary examination in magistrate court: (i) the magistrate clerk shall transmit to the prosecuting attorney a copy of the criminal case history sheet; (ii) when the proceeding is recorded electronically, the magistrate clerk shall transmit forthwith to the clerk of the circuit court all papers and electronic records of the proceeding; if for unavoidable cause the proceeding or part thereof has not been recorded electronically, the magistrate shall promptly make or cause to be made a summary written record of the proceeding, and the magistrate clerk shall transmit forthwith to the clerk of the circuit court such record and all other papers of the proceeding.

A Preparation Guide for the Assessment Center Method

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C. 1934), as amended, relating to munitions control; or “(c) section 1715 of title 18, United States Code, relating to nonmailable firearms.” Section 904 of title IV of Pub. Security shall be furnished by depositing cash, shares or bonds. This lesson is intended for students who have studied these issues in class, and who wish to refine their knowledge and understanding. The Committee comprises the police Commissioner or their nominee, another person appointed by the Commissioner, and is chaired by a retired Supreme/District Court Judge.

One Country, Two Systems: Cross-Border Crime between Hong

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Public security organs, people's procuratorates or people's courts sahll ensure the safety of persons reporting cases, accusers and internal reporters as well well as their families. The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided. English language qualifications for international students: IELTS score of 6.5, Cambridge Proficiency or Advanced Grade C.

New Hampshire DWI Defense: The Law & Practice

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The Ministry of the Attorney General's Court Services Division provides court interpretation services in: Any language in civil, family and Small Claims Court matters, if the litigant has been given a fee waiver certificate Sign language in all Small Claims Court matters, and Any language when it is ordered by the court. Evidence adduced in support of the discharge shall automatically form part of the trial. Qualifications of sureties in property bond. � The qualification of sureties in a property bond shall be as follows: (a) Each must be a resident owner of real estate within the Philippines; (b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking; (c) If there are two or more sureties, each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums must be equivalent to the whole amount of bail demanded.

Police Informants alleged links to Outlaw Gangs (The Kings

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They come into effect upon receipt of the application by the court. (3) The applicant shall be notified of the place and time of the main hearing if the application is made before the main hearing begins. If such person does not pay, the provisions of Section 29 and Section 30 shall be enforced. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com. L. 104–132, §721(c)(2), inserted first sentence and struck out former first sentence which read as follows: “If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender.” 1994—Subsec. (a).

Criminal Litigation & Sentencing (Blackstone Bar Manual)

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L. 100–649, as amended, set out as a note under section 922 of this title. The term also includes any combination of parts from which a handgun can be assembled.” (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector; (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States; (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter; (4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter; (7) for any person to manufacture or import armor piercing ammunition, unless— (A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (B) the manufacture of such ammunition is for the purpose of exportation; or (C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General; (8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery— (A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; (B) is for the purpose of exportation; or (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes. (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age; (2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance; (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (4) to any person any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity; and (5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity.

Knowledge Management in Police Oversight: Law Enforcement

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Section 98 A search in a private place can be conducted only for the purpose of discovering any person or article intended to be found, save: Where the search is allowed to be made without limitation to anything, in which case the official making the search shall be empowered to seize any article which may bear witness in favour of or vis-à-vis the accused or defendant. Please click here for ordering procedures and instruction. Commencement date of sections 1, 2 and 3: 30 July 1993 [Proc.

Blackstone's Police Investigators' Mock Examination Paper

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The same duty shall exist in respect of every further decision on the continuation of detention. (1) The court shall communicate a copy of the warrant of arrest along with the request for admission to the penal institution competent for the accused. A motion to dismiss the indictment may be made on one or more of the following grounds: (1) When the minutes of the evidence of witnesses examined before the grand jury are not returned therewith. (2) When it has not been presented and marked “filed” as prescribed. (3) When any person other than the grand jurors was present before the grand jury when the question was taken upon the finding of the indictment. (4) When any person other than the grand jurors was present before the grand jury during the investigation of the charge, except as required or permitted by law. (5) That the grand jury was not selected, drawn, summoned, impaneled, or sworn as prescribed by law. c.

The Accidental Warden: My Unexpected Year as Warden of the

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You may also search for a topic in the box above, or find rules and case updates by category in the drop-down menu to the left. Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking. L. 89–81 struck out “Gold or silver” before “Coins or bars” in section catchline, changed the description of the United States coins covered in first par. from gold or silver coins to any coin of a denomination higher than 5 cents, and made minor structural changes in second par.

Criminal Procedure: Law & Practice- Diablo Valley College

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Therefore a person cannot be convicted of an offence which he or she didn’t commit and it is through this right that a person can get access to fight and seek for a better judgment. Scholars should closely scrutinize procedures that may undercut substantive values, but they do not. Criminal Procedure Amendment Act 26 of 1987 – Government Notice 1395 in Government Gazette 10797, dated 24 June 1987. The vast majority of criminal prosecutions for felony crimes committed within Indian country are handled by United States Attorneys' Offices.
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