Federal Grand Jury
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Federal Grand Jury
Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought. The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, however, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments. Generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect. Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the j ...
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Grand Jury At Arcadia Hotel Fire (LOC)
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American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the pro ...
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Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed am ...
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Plea Agreement
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automobi ...
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Article 32 Hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII ("Trial Procedure") Articl32(10 U.S.C. § 832), which mandates the hearing. The UCMJ specifies several different levels of formality with which infractions can be dealt. The most serious is a ''general court-martial''. An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation. A commanding officer, in the role as court-martial convening authority, will consult with the command judge advocate for advice on case disposition; factors to be considered include, ''inter alia'', the relevant statutory ...
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United States Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the commander-in-chief of the armed forces and forms military policy with the Department of Defense (DoD) and Department of Homeland Security (DHS), both federal executive departments, acting as the principal organs by which military policy is carried out. All six armed services are among the eight uniformed services of the United States. From their inception during the American Revolutionary War, the U.S. Armed Forces have played a decisive role in the history of the United States. They helped forge a sense of national unity and identity through victories in the First Barbary War and the Second Barbary War. They played a critical role in the American Civil War, keeping the Confederacy from seceding from the republic and preserving the uni ...
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Information (formal Criminal Charge)
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ...
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Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than one ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti-feder ...
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Private Prosecution
A private prosecution is a criminal law, criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the State (polity), state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain (or are themselves) barristers. Australia A private criminal prosecution for contempt of court can be commenced against a party in Australia in the Federal Circuit Court, the Family Court (and the Family Court of Western Australia – the only jurisdiction with a state based family court) or the supreme court of a state or territory. In the Family Court of Western Australia, an on-line form exists to commence such proceedings which can be downloaded, completed and filed. In the Supreme Court of Western Australia, eith ...
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