... so detained in a place other than the one so determined. R.S., 1985, c. Y-1, s. 7; R.S., 1985, c. 24 (2nd Supp.), s. 5. Placement of young person in care of responsible person 7.1 (1) Where a youth court judge or a justice is satisfied that (a) a young person who has been arrested would, but for this subsection, be detained in custody, (b) a responsible person is willing and able to take care of ... 24 (2nd Supp.), s. 9; 1992, c. 11, s. 1; 1995, c. 19, s. 2. APPEARANCE Where young person appears 12. (1) A young person against whom an information is laid must first appear before a youth c...

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• Grade Level: High School

... the defense attorney. Nonetheless, there are additions to plea bargaining which involve incentives. The incentives of plea bargaining are more favorable to the prosecutor and the defense attorney, but the judge and the defendant also gets a few incentives in accepting a plea bargain. The Prosecutor incentives to enter a plea bargain involve, "being able to handle more cases, conviction rates soar, and ... plea bargaining system to not only keep the speed of their work up but also the efficiency. Furthermore, having a reduction of caseloads is second incentive in the judge's eye, the mos...

• Word Count: 3937
• Approx Pages: 16
• Has Bibliography
• Grade Level: High School

... the person of the accused, the nature of the offence and the interests of society. Since no report by a probation officer or a correctional officer was put before the court, the judge could not impose a sentence of correctional supervision and had decided to a direct period of 1 year imprisonment in terms of s 276 (1)(i) . THE HEARSAY ISSUE ISSUE Should the hearsay evidence be admitted ... accused has no fixed income and is employed on a part-time basis. The issues taken into account were: Were the proceedings of the case in accordance with justice? Had the Judge considered the nature o...

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• Grade Level: High School

... advisable to cast lots to determine who should be eaten. The physician didn't answer. We come to another key factor is that Whetmore asked if any judge, official, minister, or priest was present none of the rescuers said they were. The fact that they asked this particular question shows mens rea. ... Criminal Code, the preservation of life and the protection of vulnerable people. The appeal was dismissed on both sides as the judges found that the trial judge was fair. An important matter is that Whetmore said no to the throwing of the dice, and wanted to wait another week before doing s...

• Word Count: 1797
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• Grade Level: High School

... a system called the "dropsy" testimony in which an officer willingly lies to convict a criminal that he believes to be guilty of crimes he is charged. Dershowitz gives an example when a judge accepts policeman's testimony because it is "his word against that of [a] drug dealer." Furthermore, Dershowitz argues that there is a whole system that perpetuates police perjury or "dropsy" testimony. "Everyone is ... happy with the result. The cop gets credit for a good drug bust. His supervisor arrest statistics look good. The prosecutor racks up another win. The judge gets to give his little l...

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• Grade Level: High School

... We also have American trial courts. These courts are very small, and are often influenced politically and socially. 2) Explain the role/functions of the judge in the criminal justice system: Judges play the most important role in the criminal justice system. They are by far the most powerful, and there decisions ... 's view of appropriate punishments. Plea bargains are given out at the beginning of a case and some feel that it is too early because the judge has too little information on the case and the defendant to decide a proper punishment. 10) Describe the trial process: The first st...

• Word Count: 2266
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• Grade Level: High School

... that there is intent, which is a critical element in the evidence brought before the court. Questions relating to intent are important as they may influence the sentence passed by the judge (Waddon, 2002). Also, there are mitigating factors, for example, defendant's previous good character and a guilty plea which can lead to a less severe sentence. However, it would appear that the aggravating ... help to explain the decisions made by judges when passing sentences. These are the analytical approach and the synthetic approach. In terms of the analytical approach the discretion of the jud...

• Word Count: 1468
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• Has Bibliography
• Grade Level: High School

... commanding that the person named by taken into custody. 2. Without a warrant but with "probable cause" Obtaining a Warrant • Obtained by filing a complaint before a judge of magistrate • Generally a police officer but may be a victim or witness • The requestor must describe and swear to the facts and circumstances of the ... alleged crime. • If, on the basis of the information provided, the judge finds probable cause to believe that a crime has been committed and the accused committed said crime, then a warrant will be issued. No time for ... warrant requires the police officer ...

• Word Count: 468
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• Grade Level: High School

... or to demand a trial. Some people believe that giving the prosecutor the power to negotiate plea bargains is giving him more power than the judge. Although the prosecutor has the power to negotiate the plea agreement, the judge still has the right to decline the plea agreement. When the defendant waives his right he is also admitting that he is guilty of ... the crime he committed. Even though he agreed to the plea bargain the judge can still decline it. Most likely, though, the judge will never decline a plea bargain unless the ... judge feels it is necessary" (Harmon 95). There are m...

• Word Count: 1900
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• Has Bibliography
• Grade Level: High School

... are trying a case. The judicial branch is a very powerful and demanding branch of our government. Since most disputes have to be handled in an orderly fashion by a court system, the judge can vote however he decides. Many important historical decisions have been made by the court system of the United States. Cases concerning slavery, women's rights, and civil rights have all ... purity. This test is called the litmus test. Some of the judges that have been elected have been argued by Senators who do not want him or her to be a judge because of the Senators views. The United States has a...

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• Grade Level: High School

... which, in theory at least, a woman may attempt to insure her own safety. This vehicle is called a "protective order" or a TRO, a temporary restraining order. (Davis) A woman can apply to a judge for a protection order by testifying to the judge that the man who battered, assaulted, or raped her will be dangerous to her in the future. The man could be ordered by the ... judge to stay away from the woman. If afterwards he harasses, visits, batters, or rapes her while subject to the protection order, he "violates the terms" of the protection order. Theoretically, ... he then is rearrested...

• Word Count: 1128
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• Has Bibliography
• Grade Level: High School

... was leaving the residence and those bullets mortally wounded one of the conspirators. Dekens was thereby charged with the death of his partner under the felony murder doctrine. However, the judge in this case chose to accept the defendant's motion to dismiss the murder charge on the basis that a felon cannot be convicted under the felony murder doctrine for the death ... up my view that the standards for where the felony murder doctrine should apply are too vague and allow for an overwhelming amount of discretion on the part of the judge. With these loose standards in place there is no ...

• Word Count: 1843
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• Grade Level: High School

... agree that assisted negotiation or arbitration would be the best methods or handling the situation. Using an expert or judge who was familiar with internet crime may even make for a better ruling than if the local judge was forced to be involved. The judge would undertake the responsibility for setting Chad's punishment. Obviously Chad is talented with a computer just not focused in the ... ...

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• Grade Level: High School

... truth system"(Frank 1) . In my opinion I feel that this fight system is the only efficient path to the truth. It is after the cases have been brought forth, that the judge or the jury are required to decipher fact from fallacy. The lawyers must use their knowledge of the legal system and of the facts to prove their clients innocence. Lawyers ... the public looks at the man in the defendants chair as a bad guy without any human qualities(Black 12). Attorneys must fight to convince, without a doubt, the jury or the judge to believe their side, and rule in their favor, thus putting the spo...

• Word Count: 2152
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• Grade Level: High School

... straighten him out. Shortly after he moved in with her, the adolescent doused his grandmother with gasoline and set her ablaze the woman died the boy pleaded guilty juvenile court judge recognized that the boy was mentally disturbed and ordered him to participate in a treatment program for at least 18 months.""(Heide, 52) These are some cases in which juvenile justice ... facilities all over the United States. "Studies show that 30% to 40% of all boys are arrested before their eighteenth birthday. About 10% of them will be arrested again. Says Judge Susan R. Winfield-(Silverstein, 76) a...

• Word Count: 1341
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• Grade Level: High School

... heard either in a District or Supreme court.The defendant will be given the option to plead guilty or not guilty and at any time may plead guilty. If guilty the judge hears all circumstances including character referances, prior convictions and then sentences or punishes the defendant. If pleaded not guilty a jury of 12 will be chosen for the case. The prosecution ... would not look good for the case. The prosecution may cross examine the defence councils witnesses. The prosecution and defence council will make there final address to the jury. The judge will then sum up the case and exp...

• Word Count: 396
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• Grade Level: High School

... Wales. The Supreme Court has appellate jurisdiction from District Court and Local Court, which includes stated case. The court deals with error of law by Magistrates, is presided over by Judge and has trial by jury. The Supreme Court deals with most serious criminal offences such as murder or manslaughter. This trial was in judgment of ... Judge Greg James. COUNSEL: Crown: P. Dare, Off: P. Zahra, SC. SOLICITORS: Crown: S.E. O'Connor, Off: D.J. Humphreys. Merritt voluntarily handed himself into the police, pleading guilty and a desiring acceptance of even the most severe ... ...

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• Grade Level: High School

... have done your time and ready to get out. On your last time out you committed another felony but this time it's your third strike, since it's your third strike judge just sentence you 25 to life. Even though your third offense time severs should only like 4 year but since it's your third strike ... judge give you 25 year. Some argue that this law is unfair and cruel because they get charge for a strike that is not serious and none violent. For example, Mr. Andrade ... ...

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... court as the appellee. I feel that appealing from a judges decision is a waste of time for everyone. I feel that once the judge has made his decision it should be final. First off I feel that it is wron and disrecpectful to appeal a judge. I think once convicted. Decision should stay as convicted. Off course if some one is acused of a crime they are going to ... ...

• Word Count: 2886
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• Has Bibliography
• Grade Level: High School

... done by the Federal Bureau of Investigation and later prosecuted by Assistant United States Attorney Matthew Yarbrough, Corey Lindsly and Calvin Cantrell were sentenced in federal court by Chief District Judge Jerry Buchmeyer. Criminal conviction on the two was handed down for selling stolen long distance calling card numbers that were illegally obtained by hacking into computer systems of Sprint Corporation ... expect leniency if convicted of computer crimes. This method of sentencing is not liked by many judges because it takes away from their judicial powers and dose not allow the ju...

• Word Count: 3207
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• Grade Level: High School

... the same way that she judges other individuals. Analysis The sole purpose of this chapter is for the reader to understand the theme of the story, which is to not judge anyone. People unfamiliar to Esperanza's neighborhood feared getting mugged or killed because they had no prior knowledge about the community where Esperanza lived, except through the rumors they've heard ... from their friends. So their lack of knowledge causes them to judge and fear people who they are unfamiliar with. In this chapter, Esperanza also analyzes and observes prejudice in her neighborhood. Esperanza exhibit...

• Word Count: 527
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• Grade Level: High School

... and/or district courts. Jury's can be used in both civil and criminal cases. The jury's role is to be the adjudicators of matters of fact, as opposed to the judge, who is the adjudicator of matters of law. Juries are used both in civil and criminal law. Jurors are chosen randomly from a computer database. A set process that involves input from ... the courts administrative officer who ensures that the case is conducted smoothly. He/she swears in witnesses and parties to the case, handles documentary evidence, and aids the presiding officer (judge/magistrate). The registrar is the chief ...

• Word Count: 1294
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• Grade Level: High School

... the same way that she judges other individuals. Analysis The sole purpose of this chapter is for the reader to understand the theme of the story, which is to not judge anyone. People unfamiliar to Esperanza's neighborhood feared getting mugged or killed because they had no prior knowledge about the community where Esperanza lived, except through the rumors they've heard ... from their friends. So their lack of knowledge causes them to judge and fear people who they are unfamiliar with. In this chapter, Esperanza also analyzes and observes prejudice in her neighborhood. Esperanza exhibit...

• Word Count: 515
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... staff sold a ticket to a 13 year old, Shah was found guilty of the offence. Strict liability was the offence in question and it did not require the mens rea. For a judge to decide if an offence is of strict liability he will look at the Act of Parliament which creates the act. If the words "knowingly", "maliciously" and "intentionally" are included ... they refer to mens rea and not strict liability. If the act does not mention the mens rea, than the judge will presume that the mens rea is required. In sweet v. Parsley (1970) the defendant rented a farmhouse to a group of students. On a...

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... to a prosecutor, who will decide if there are going to be charges filed with the courts or not. Then the suspect with appear in court for the pretrial so the judge can hear the case to see if there is any probable cause or not. Next is the adjudication, once and indictment has been filed the accused is scheduled for and ... arraignment, or in other words a plea to the charges. If there is a conviction, a sentenced is imposed, either by the judge or jury depending on the crime. After the criminal is incarcerated, they could get paroled after serving there sentenced amount of time, or bec...

• Word Count: 450
• Approx Pages: 2
• Grade Level: High School