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Motion To Dismiss In The Interest Of Justice
The motion to dismiss in the interest of justice is a provision of the New York Criminal Procedure Law (CPL) § 210.40; since being interpreted in '' People v. Clayton'', it has been known as a "Clayton motion". Background CPL 210.40 is a successor to section 671 of the Code of Criminal Procedure, which in turn has been said to be merely a substitute for the ancient right of the Attorney-General to discontinue a prosecution. But section 671 allowed the court to dismiss an indictment "in furtherance of justice" either on motion of the District Attorney or on its own motion; moreover, the code removed the right of the prosecutor to abandon the indictment except in compliance with section 671. The early history of determinations under the statute evinces the inclination of the court to use its provisions sparingly; the statute was usually invoked to dismiss an indictment for the insufficiency of evidence before a grand jury after a defendant's motion to inspect the minutes had been g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Criminal Procedure Law
The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the ''Consolidated Laws'' affected by its passage. Unlike civil law codes, the ''Consolidated Laws'' are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary. The ''Consolidated Laws'' were printed by New York only once in 1909–1910, but there are 3 comprehensive and certified updated commercial private versions. The Laws can be found online without commentary. There also exist unconsolidated laws, such as the various court acts. Unconsolidated laws are uncodified, typically due to their local nature, but are otherwise legally binding. Session laws are published in the ''Laws of New York ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
People V
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, solicitor, or county prosecutor. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Value (personal And Cultural)
In ethics and social sciences, value denotes the degree of importance of something or action, with the aim of determining which actions are best to do or what way is best to live (normative ethics in ethics), or to describe the significance of different actions. Value systems are prospective and prescriptive beliefs; they affect the ethical behavior of a person or are the basis of their intentional activities. Often primary values are strong and secondary values are suitable for changes. What makes an action valuable may in turn depend on the ethical values of the objects it increases, decreases, or alters. An object with "ethic value" may be termed an "ethic or philosophic good" (noun sense). Values can be defined as broad preferences concerning appropriate courses of actions or outcomes. As such, values reflect a person's sense of right and wrong or what "ought" to be. "Equal rights for all", "Excellence deserves admiration", and "People should be treated with respect and dign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injustice
Injustice is a quality relating to unfairness or undeserved outcomes. The term may be applied in reference to a particular event or situation, or to a larger status quo. In Western philosophy and jurisprudence, injustice is very commonly—but not always—defined as either the absence or the opposite of justice. The sense of injustice is a universal human feature, though the exact circumstances considered unjust can vary from culture to culture. While even acts of nature can sometimes arouse the sense of injustice, the sense is usually felt in relation to human action such as misuse, abuse, neglect, or malfeasance that is uncorrected or else sanctioned by a legal system or fellow human beings. The sense of injustice can be a powerless motivational condition, causing people to take action not just to defend themselves but also others who they perceive to be unfairly treated. Injustice within legal or societal standards are sometimes referred to as a ''two-tiered system''. Rel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of New York
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of New York
The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts). The Court of Appeals, sitting in Albany and consisting of seven judges, is the state's highest court. The Appellate Division of the New York State Supreme Court is the principal intermediate appellate court. The New York State Supreme Court is the trial court of general jurisdiction in civil cases statewide and in criminal cases in New York City. Outside New York City, the 57 individual County Courts hear felony criminal cases. There are a number of local courts in different parts of the state, including the New York City Civil Court and New York City Criminal Court. By one estimate, debt collection actions are 25% of all lawsuits in state courts. The system is administered by the Chief Judge of the State of New York, working with the Chief Admini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state) Law
New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * ''New York'' (1916 film), a lost American silent comedy drama by George Fitzmaurice * ''New York'' (1927 film), an American silent drama by Luther Reed * ''New York'' (2009 film), a Bollywood film by Kabir Khan * '' New York: A Documentary Film'', a film by Ric Burns * "New York" (''Glee''), an episode of ''Glee'' Literature * ''New York'' (Burgess book), a 1976 work of travel and observation by Anthony Burgess * ''New York'' (Morand book), a 1930 travel book by Paul Morand * ''New York'' (novel), a 2009 historical novel by Edward Rutherfurd * ''New York'' (magazine), a bi-weekly magazine founded in 1968 Music * ''New York EP'', a 2012 EP by Angel Haze ** "New York" (Angel Haze song) * ''New York'' (album), a 1989 album by Lou Reed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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