Bail Or Jail A Balance Of Absolute And Limited Judicial Discretion
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Bail Or Jail A Balance Of Absolute And Limited Judicial Discretion
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Author : Adv. Naveen Rao
language : en
Publisher: Prowess Publishing
Release Date : 2019-09-16
Bail Or Jail A Balance Of Absolute And Limited Judicial Discretion written by Adv. Naveen Rao and has been published by Prowess Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.
This book on BAIL OR JAIL setting forth a flash-light of critical thinking for every Magistrate, Judge and Lawyer who should be fully equipped with knowledge of Bail Proceedings and its relevant Stages since, Ignorance of above circumstances can cause Miscarriage of Justice. It is not the purpose of the Criminal Law to confine a person accused of an alleged offence before his conviction instead off it is intended to combine the administration of justice with the liberty and convenience of the person accused. To free on conditions of Bail rather to confine in Jail is a jurisprudential jurisdiction which has been evolved in view of the fact that Administration of Justice on the spot or immediately just after the commission of the alleged offence in accordance with the rudimentary principles of an advanced Legal System in not feasible. The question, whether the alleged accused should be kept in prison or should be kept free till pending of trial, therefore, through such Application of Bail before the Court calls for assistance of Magistrates and Judges for consideration on merit in view of impending and prevailing circumstances protecting the Fundamental and Constitutional Rights of the individual accused of and uphold belief and peace in the Society where Courts also act as ultimate Guardian of their Fundamental and Constitutional Rights. It is an inability of existing judicial machinery to try accused expeditiously. “Therefore, accused cannot be detained in Judicial Custody for a long time by refusal to grant Bail” Bail is Rule of Law not the Jail. Bail is allowed to prevent the punishment of innocent persons, and to enable an accused person to prepare his defence to the charge against him. “The principle underlying release on Bail is that an accused person is presumed in law to be innocent till his guilt is proved and such presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.”
Criminal Procedure From Arrest To Appeal
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Author : Lester B. Orfield
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2015-05-15
Criminal Procedure From Arrest To Appeal written by Lester B. Orfield and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Law categories.
This study was first published as part of the influential Judicial Administration series published under the auspices of the National Conference of Judicial Councils. Originally published: New York: New York University Press, 1947. xxxi, 614 pp. "Lest its title lead to any misunderstanding as to the nature of this work, it should be observed that this volume is not a text book or a treatise on criminal procedure. It is a survey and a critique of the existing criminal procedure in England and the United States from an operative or practical standpoint, with an analysis of its desirable features and a scrutiny of its defects. The book is obviously a product of exhaustive research. Its material is exceedingly well classified and organized, and it gives the reader a clear understanding of the manner in which criminal justice is administered." -- ALEXANDER HOLTZOFF, 16 George Washington Law Review 155 1947-1948 "[L]awyers who practice in criminal courts and those who are interested in the improvement of a very vital part of the administration of justice will find this volume both interesting and instructive. Professor Orfield has presented us with a fine piece of constructive scholarship which must be considered in the light of his purpose and method, which consists of tracing the history of the subject, stating the law briefly and offering sound standards of reform." --LLOYD P. STRYKER, Columbia Law Review 1267 1948 LESTER BERNHARDT ORFIELD [1904-1989] was a professor at the University of Nebraska Law School from 1929-1947, Temple University from 1947- 1952 and Indiana University's Indianapolis Law School from 1952 until his retirement in 1968. His books include the six-volume set Criminal Procedure Under the Federal Rules (1966-1967), Criminal Appeals in America (1939), The Amending of the Federal Constitution (1942), The Growth of Scandinavian Law (1953) and Cases on International Law (second edition 1965).
United States Attorneys Manual
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Author : United States. Department of Justice
language : en
Publisher:
Release Date : 1988
United States Attorneys Manual written by United States. Department of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Justice, Administration of categories.
Aba Standards For Criminal Justice Pretrial Release
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Author : American Bar Association. Criminal Justice Standards Committee
language : en
Publisher: American Bar Association
Release Date : 2007
Aba Standards For Criminal Justice Pretrial Release written by American Bar Association. Criminal Justice Standards Committee and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
The Bail Reform Act Of 1984
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Author : Deirdre Golash
language : en
Publisher:
Release Date : 1987
The Bail Reform Act Of 1984 written by Deirdre Golash and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Bail categories.
Presumption Of Guilt
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Author : Martin Schönteich
language : en
Publisher:
Release Date : 2014
Presumption Of Guilt written by Martin Schönteich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Political Science categories.
In India, a man spent 54 years behind bars in pretrial detention, waiting for a trial that would never happen because his file had been lost. In Nigeria, one study estimated that the average detainee waits over three years for his day in court. In Russia, pretrial detainees have begged for the chance to plead guilty, just so they can receive medical care. And in the United States, juvenile pretrial detainees have been forced to fight each other for their guards' amusement. Around the world, millions are effectively punished before they are tried. Legally entitled to be considered innocent and released pending trial, many accused are instead held in pretrial detention, where they are subjected to torture, exposed to life threatening disease, victimized by violence, and pressured for bribes. It is literally worse than being convicted: pretrial detainees routinely experience worse conditions than sentenced prisoners. The suicide rate among pretrial detainees is three times higher than among convicted prisoners, and ten times that of the outside community. Pretrial detention harms individuals, families, and communities; wastes state resources and human potential; and undermines the rule of law. The arbitrary and excessive use of pretrial detention is a massive and widely ignored pattern of human rights abuse that affects-by a conservative estimate-15 million people a year. The right to be presumed innocent until proven guilty is universal, but at this moment some 3.3 million people are behind bars, waiting for a trial that may be months or even years away. No right is so broadly accepted in theory, but so commonly violated in practice. It is fair to say that the global overuse of pretrial detention is the most overlooked human rights crisis of our time. Presumption of Cuilt examines the full consequences of the global overuse of pretrial detention. Combining statistical analysis, first-person accounts, graphics, and case studies of successful reforms, the report is the first to comprehensively document this widespread but frequently ignored form of human rights abuse. Book jacket.
Sentencing Bench Book
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Author : Judicial Commission of New South Wales
language : en
Publisher:
Release Date : 2006
Sentencing Bench Book written by Judicial Commission of New South Wales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Sentences (Criminal procedure) categories.
This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
United States Code Annotated
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Author : United States
language : en
Publisher:
Release Date : 1994
United States Code Annotated written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Revoked
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Author : Allison Frankel
language : en
Publisher:
Release Date : 2020
Revoked written by Allison Frankel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Criminal justice, Administration of categories.
"[The report] finds that supervision -– probation and parole -– drives high numbers of people, disproportionately those who are Black and brown, right back to jail or prison, while in large part failing to help them get needed services and resources. In states examined in the report, people are often incarcerated for violating the rules of their supervision or for low-level crimes, and receive disproportionate punishment following proceedings that fail to adequately protect their fair trial rights."--Publisher website.