|
California Proposition 8 (1982)
Proposition 8 (or The Victims' Bill of Rights), a law enacted by California voters on 8 June 1982 by the initiative process, restricted the rights of convicts and those suspected of crimes and extended the rights of victims. To do so, it amended the California Constitution and ordinary statutes. Provisions The Victims' Bill of Rights declared its purpose as to ensure that: Amendment of the constitution The Victim's Bill of Rights added Section 28 to Article 1 of the constitution. This section has since been substantially added to and amended by Marsy's Law, enacted in 2008. Section 28 granted victims of crime the right to restitution from the perpetrator unless there were "compelling and extraordinary reasons" to the contrary. It also conferred a right to school safety; it reads "All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful". Section 28 introduced a "ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a public vote in the legislature in what is called indirect initiative, or under direct initiative, where the proposition is put to a plebiscite or referendum, in what is called a ''Popular initiated Referendum'' or citizen-initiated referendum. In an indirect initiative, a measure is first referred to the legislature, and then put to a popular vote only if not enacted by the legislature. If the proposed law is rejected by the legislature, the government may be forced to put the proposition to a referendum. The initiative may then take the form of a direct initiative or an indirect initiative. In a direct initiative, a measure is put directly to a referendum. The vote may be on a proposed federal level, statute, constitutional amendment, cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Constitution
The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's original constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California) and adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79. The Constitution of California is one of the longest collections of laws in the world, partially due to provisions enacted during the Progressive Era limiting powers of elected officials, but largely due to additions by California ballot proposition and voter initiatives, which take form as constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Proposition 9 (2008)
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is a controversial amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews. Passage of this law in California led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning ''American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California State Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California state legislature is one of just ten full-time state legislatures in the United States. The houses are distinguished by the colors of the carpet and trim of each house. The Senate is distinguished by red and the Assembly by the color green, inspired by the House of Lords and House of Commons respectively. The Democratic Party currently holds veto-proof supermajorities in both houses of the California State Legislature. The Assembly consists of 60 Democrats and 19 Republicans, with one independent, while the Senate is composed of 31 Democrats and 9 Republicans. Except for a brief period from 1995 to 1996, the Assembly has been in Democratic hands since the 1970 el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to court witho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then. The entirety of the Penal Code is available for free aleginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN History The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). The actual drafter of the New York penal code was commissioner William Curtis Noyes, a former prosecutor. New York belatedly enacted the Field Penal Code in 1881. Prior t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Welfare And Institutions Code
The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature. The Legislative Counsel also publishes the official text of the Codes publicly aleginfo.legislature.ca.gov Codes currently in effect The 29 California Codes currently in effect are as follows: Repealed codes The following codes have been repealed: Influence elsewhere The California Codes have been influential in a number of other U.S. jurisdictions, especially Puerto Rico. For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code,See Special Provisions Under Former Section 1, History of the Penal Code of Puerto Rico, Title 32, ''Laws of Puerto Rico Annotated''. and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the Califo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean that the de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.Henslin, James. ''Social Problems: A Down-To-Earth Approach'', 2008. The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction. Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment. United States According to an April 2011 report by the Pew Center on the States, the average national recidivism rate for released prisoner ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
