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Wrongful Conviction
A miscarriage of justice is primarily the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful conviction, but this is often difficult to achieve. In some instances a wrongful conviction is not overturned for several decades, or until after the innocent person has been executed, released from custody, or has died. "Miscarriage of justice" is sometimes synonymous with wrongful conviction, referring to a conviction reached in an unfair or disputed trial. Wrongful convictions are frequently cited by death penalty opponents as cause to eliminate death penalties to avoid executing innocent persons. In recent years, DNA evidence has been used to clear many people falsely convicted. The Scandinavian languages (viz
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.Contents1 Basic rights 2 Difference in criminal and civil procedures 3 Differences between civil law and common law systems 4 See also 5 References 6 Further readingBasic rights[edit] Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant
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Courts Of The United States
The courts of the United States are closely linked hierarchical systems of courts at the federal and state levels. The federal courts form the judicial branch of the federal government of the United States and operate under the authority of the United States Constitution and federal law. The state and territorial courts of the individual U.S. states and territories operate under the authority of the state and territorial constitutions and state and territorial law. Federal statutes that refer to the "courts of the United States" are referring only to the courts of the federal government, and not the courts of the individual states and counties. Because of the federalist underpinnings of the division between sovereign federal and state governments, the various state court systems are free to operate in ways that vary widely from those of the federal government, and from one another
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Parole
Parole is a temporary release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period, originating from the French parole ("voice, spoken words"). The term became associated during the Middle Ages
Middle Ages
with the release of prisoners who gave their word. This differs greatly from amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Conditions of parole often include things such as obeying the law, not voting in an election, refraining from drug and alcohol use, avoiding contact with the parolee's victims, obtaining employment and keeping required appointments with a parole officer. Should the parolee have legal dependents, namely minor children, they are also required to show cause of being a dedicated caregiver
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Probation
Probation
Probation
in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences.[1] In others, probation also includes supervision of those conditionally released from prison on parole.[2] An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer
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Life Imprisonment (England And Wales)
In England and Wales, life imprisonment is a sentence which lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole (officially termed "early release") after a fixed period set by the judge. This period is known as the "minimum term" (previously known as the "tariff"). In some exceptionally grave cases, however, a judge may order that a life sentence should mean life by making a "whole life order." Murder
Murder
has carried a mandatory life sentence in England and Wales since capital punishment was suspended in 1965.[1] There is currently no "first degree" or "second degree" murder definition
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Pardon
A pardon is a government decision to allow a person who has been convicted of a crime to be free and absolved of that conviction, as if they were never convicted. Today, pardons are granted in many countries when individuals have demonstrated that they have paid their debt to society, or are otherwise considered to be deserving of them. Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted. In some jurisdictions of som nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are nowadays more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial
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Sex Offender Registration
A sex offender registry is a system in various countries designed to allow government authorities to keep track of and activities of sex offenders including those who have completed their criminal sentences. In some jurisdictions, where sex offender registration can, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include (or have been proposed to include) restrictions on being in the presence of underage persons (under the age of majority), living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet
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Sexually Violent Predator Legislation
In some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility.[1][2] In the United States, twenty states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.[2] Generally speaking, SVP laws have three elements:[3] (1) That the person has been convicted of a sexually violent offense (a term that is defined applicable statutes) (2) That the person suffers from a mental abnormality and/or personality disorder, which causes him/her serious difficulty controlling his/her sexually violent behavior
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Criminal Law
Criminal law
Criminal law
is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. It includes the punishment of people who violate these laws. Criminal law
Criminal law
varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment. Criminal procedure is formalized official activity that authenticates the fact of commission of a crime and authorizes punitive treatment of the offender
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury.[1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence
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Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters)
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Courts Of England And Wales
The Judiciary of England and Wales
England and Wales
within Her Majesty's Courts and Tribunals Service[1] are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom
United Kingdom
does not have a single unified legal system— England and Wales
England and Wales
has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland
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Life Imprisonment
Life imprisonment
Life imprisonment
(also known as imprisonment for life, life in prison, a life sentence, a life term, lifelong incarceration, or life incarceration) is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled
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Courts Of Scotland
The courts of Scotland
Scotland
are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law
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Courts Of Canada
Provincial and territorial executive councilsPremiersLegislative (Queen-in-Parliament) Federal parliamentSenateSpeaker of the Senate Government Leader in the Senate Opposition Leader in the Senate Senate divisionsHouse of CommonsSpeaker of the house Government Leader in the house Opposition Leader in the house Her Majesty's Loyal Opposition Leader of the Opposition Shadow cabinetProvincial and territorial parliamentsJudicial (Queen-on-the-Bench) Court
Court
systemSupreme courtFederal chief justice (Richard Wagner)Pr
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