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Suspended Sentence
A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence. Australia In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence. As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community corr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Criminal Appeal (Ireland)
The Court of Criminal Appeal () was an appellate court for criminal cases in the law of the Republic of Ireland. It existed from 1924 until 2014, when it was superseded by the Court of Appeal, which can hear appeals for all types of case. Operation The Court of Criminal Appeal heard appeals for indictable offences tried in the Circuit Court, the Central Criminal Court, and the Special Criminal Court. The Court sat in a division of three, with one Supreme Court judge and two High Court judges. The court could hear appeals by a defendant against conviction, sentence or both. Leave to appeal was only given where there was a disagreement on a point of law, although an exception can be made when new evidence becomes available which could not have been presented before the original court. The Director of Public Prosecutions could also appeal against a sentence on the grounds that it was unduly lenient. A further appeal to the Supreme Court only lay when the Court of Crimina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentencing (law)
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deferred Sentence
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their record. If the defendant violates probation, they must serve the full sentence immediately. United States In the United States, a defendant must plead guilty to at least one of the crimes they are accused of in order to receive a deferred sentence. The promise of a deferred sentence is often traded in exchange for a guilty plea in plea bargains. Deferred sentences are often given to first time offenders, or to those who have committed relatively minor crimes, although ultimately, the choice to defer a sentence is left to a judge's discretion. New York In New York State, a similar process is known as adjournment in contemplation of dismissal (ACOD). What typically happens in such a case is that the potential senten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States. The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and Regulation of the land and naval forces" of the United States. History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deferred Adjudication
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation, treatment, community service, some form of community supervision, or some other diversion program, the defendant may avoid a formal conviction on their record or have their case dismissed. In some cases, an order of ''non-disclosure'' can be obtained, and sometimes a record can be expunged. Procedure In a deferred adjudication, the criminal case that resulted in the deferred adjudication will often remain part of a permanent record. The extent to which the record of a deferral can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Record
A criminal record (not to be confused with a police record or arrest record) is a record of a person's criminal Conviction, convictions history. The information included in a criminal record, and the existence of a criminal record, varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and Driving under the influence, drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions (where the individual has pleaded guilty or been found guilty by a qualified court, resulting in the entry of a conviction), while in some it can also include arrests, Criminal charge, charges dismissed, charges pending and charges of which the individual has been Acquittal, acquitted. The term rap sheet refers to ''Record of Arrest and Prosecution'', similar to a criminal record. A criminal history may be used by potential emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargain
A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite the resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide. Plea bargains can take different forms, such as ''charge bargaining'', where a defendant pleads guilty to a lesser offense, or ''sentence bargaining'', where the expected sentence is agreed upon before a guilty plea. In addition, count bargaining involves pleading gu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1967
The Criminal Justice Act 1967 (c. 80) is an act of the Parliament of the United Kingdom. Section 9 allows uncontroversial witness statements to be read in court instead of having to call the witness to give live testimony in the courtroom, if it will not be necessary to challenge their evidence in cross-examination. The rule in section 9 was not new in 1967; it was a re-enactment of a law which had previously appeared in the Criminal Justice Act 1925 and the Criminal Justice Act 1948. Section 13 removed the requirement for unanimous verdicts and permitted majority verdicts for juries in England and Wales. (This section was repealed and replaced by the Juries Act 1974.) Sections 39 to 42 introduced the ability for courts to suspend a sentence. Section 89 makes it an offence to lie in a witness statement (since perjury only applies to lies told in court). See also *Criminal Justice Act References *"Criminal Justice Act 1967". Halsbury's Statutes of England and Wales. Fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unpaid Work
Unpaid labor or unpaid work is defined as labor or work that does not receive any direct remuneration. This is a form of non-market work which can fall into one of two categories: (1) unpaid work that is placed within the production boundary of the System of National Accounts (SNA), such as gross domestic product (GDP); and (2) unpaid work that falls outside of the production boundary (non-SNA work), such as domestic labor that occurs inside households for their consumption. Unpaid labor is visible in many forms and is not limited to activities within a household. Other types of unpaid labor activities include volunteering as a form of charity work and interning as a form of unpaid employment. In a lot of countries, unpaid domestic work in the household is typically performed by women, due to gender inequality and gender norms, which can result in high-stress levels in women attempting to balance unpaid work and paid employment. In poorer countries, this work is sometimes perfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recidivism
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psychology), extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense. The term is frequently used in conjunction with criminal behavior and substance abuse. ''Recidivism'' is a synonym of ''relapse'', which is more commonly used in medicine and in the disease model of addiction. Causes A 2011 study found that harsh prison conditions, including isolation, tended to increase recidivism, though none of these effects were statistically significant. Various researchers have noted that Loss of rights due to felony conviction, prisoners are stripped of civil rights and are reluctantly absorbed into communities – which further increases their alienation and isolation. Other c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
