Download or read book Bail or Jail A Balance of Absolute and Limited Judicial Discretion written by Adv. Naveen Rao and published by Prowess Publishing. This book was released on 2019-09-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on BAIL OR JAIL setting forth a flash-light of critical thinking for every Magistrate, Judge and Lawyer who should be fully equipped with knowledge of Bail Proceedings and its relevant Stages since, Ignorance of above circumstances can cause Miscarriage of Justice. It is not the purpose of the Criminal Law to confine a person accused of an alleged offence before his conviction instead off it is intended to combine the administration of justice with the liberty and convenience of the person accused. To free on conditions of Bail rather to confine in Jail is a jurisprudential jurisdiction which has been evolved in view of the fact that Administration of Justice on the spot or immediately just after the commission of the alleged offence in accordance with the rudimentary principles of an advanced Legal System in not feasible. The question, whether the alleged accused should be kept in prison or should be kept free till pending of trial, therefore, through such Application of Bail before the Court calls for assistance of Magistrates and Judges for consideration on merit in view of impending and prevailing circumstances protecting the Fundamental and Constitutional Rights of the individual accused of and uphold belief and peace in the Society where Courts also act as ultimate Guardian of their Fundamental and Constitutional Rights. It is an inability of existing judicial machinery to try accused expeditiously. “Therefore, accused cannot be detained in Judicial Custody for a long time by refusal to grant Bail” Bail is Rule of Law not the Jail. Bail is allowed to prevent the punishment of innocent persons, and to enable an accused person to prepare his defence to the charge against him. “The principle underlying release on Bail is that an accused person is presumed in law to be innocent till his guilt is proved and such presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.”
Download or read book Human Rights and Bail written by R. Sharma and published by APH Publishing. This book was released on 2002 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Procedure from Arrest to Appeal written by Lester B. Orfield and published by The Lawbook Exchange, Ltd.. This book was released on 2015-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study was first published as part of the influential Judicial Administration series published under the auspices of the National Conference of Judicial Councils. Originally published: New York: New York University Press, 1947. xxxi, 614 pp. "Lest its title lead to any misunderstanding as to the nature of this work, it should be observed that this volume is not a text book or a treatise on criminal procedure. It is a survey and a critique of the existing criminal procedure in England and the United States from an operative or practical standpoint, with an analysis of its desirable features and a scrutiny of its defects. The book is obviously a product of exhaustive research. Its material is exceedingly well classified and organized, and it gives the reader a clear understanding of the manner in which criminal justice is administered." -- ALEXANDER HOLTZOFF, 16 George Washington Law Review 155 1947-1948 "[L]awyers who practice in criminal courts and those who are interested in the improvement of a very vital part of the administration of justice will find this volume both interesting and instructive. Professor Orfield has presented us with a fine piece of constructive scholarship which must be considered in the light of his purpose and method, which consists of tracing the history of the subject, stating the law briefly and offering sound standards of reform." --LLOYD P. STRYKER, Columbia Law Review 1267 1948 LESTER BERNHARDT ORFIELD [1904-1989] was a professor at the University of Nebraska Law School from 1929-1947, Temple University from 1947- 1952 and Indiana University's Indianapolis Law School from 1952 until his retirement in 1968. His books include the six-volume set Criminal Procedure Under the Federal Rules (1966-1967), Criminal Appeals in America (1939), The Amending of the Federal Constitution (1942), The Growth of Scandinavian Law (1953) and Cases on International Law (second edition 1965).
Download or read book ABA Standards for Criminal Justice Pretrial Release written by American Bar Association. Criminal Justice Standards Committee and published by American Bar Association. This book was released on 2007 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Download or read book Revoked written by Allison Frankel and published by . This book was released on 2020 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.
Download or read book Punishing Poverty written by Christine S. Scott-Hayward and published by Univ of California Press. This book was released on 2019-09-24 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Download or read book In The Name of Justice written by Timothy Lynch and published by Cato Institute. This book was released on 2009-02-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Pretrial Release of Felony Defendants 1988 written by Brian A. Reaves and published by . This book was released on 1991 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Challenge of Crime in a Free Society written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.
Download or read book Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment written by Dirk Van Zyl Smit and published by . This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the reader to the basic principles central to understanding alternatives to imprisonment as well as descriptions of promising practices implemented throughout the world. This handbook offers information about alternatives to imprisonment at various stages of the criminal justice process.
Download or read book Presumption of Guilt written by Martin Schönteich and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Download or read book Performance Measures for the Criminal Justice System written by John J. DiIulio and published by . This book was released on 1993 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Discussion paper from the BJS-Princeton Project.
Download or read book Rationale of Judicial Evidence written by Jeremy Bentham and published by . This book was released on 1827 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Sentences written by Marvin E. Frankel and published by . This book was released on 1973-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mandatory Minimum Sentencing written by Margaret Haerens and published by Greenhaven Publishing. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers opposing viewpoints on mandatory minimum sentencing to give the reader both sides of the legal debate.
