Probation, Parole, and Community Corrections (3rd Edition)

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Expungement of certain criminal records under legislation enacted before the Constitution of the Republic of South Africa, 1993, took effect (1) Where a court has convicted a person of any of the following offences, the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service, as provided for in section 271D: (a) A contravention of section 1 of the Black Land Act, 1913 (Act No. 27 of 1913); (b) a contravention of section 12 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936); (c) a contravention of section 5(1), read with section 5(2), section 6(1), read with section 6(2), section 9(3), section 9(3)bis(a), read with section 9(3)(c), section 10(1), read with section 10(4), section 11(1), read with section 11(2)(a), section 12(1), read with section 12(2), section 12(3), section 15(1), read with section 15(3), section 29(1), read with section 29(9) and section 29(12), section 31(1), read with section 31(2), section 35(1), read with section 35(4), section 35(5), section 35(6), section 40(3), section 43bis or section 44, of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No. 25 of 1945); (d) a contravention of section 8(1), read with section 8(3), of the Coloured Persons Settlement Act, 1946 (Act No. 7 of 1946); (e) a contravention of section 2 or 4 of the Prohibition of Mixed Marriages Act, 1949 (Act No. 55 of 1949); (f) a contravention of section 11 of the Internal Security Act, 1950 (Act No. 44 of 1950); (g) a contravention of section 10(6) and (7), 11(4), 14, 15, 16, 20(1), 28(7), 29(1) or 30 of the Black Building Workers Act, 1951 (Act No. 27 of 1951); (h) a contravention of section 15 of the Blacks (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No. 67 of 1952); (i) a contravention of section 2 of the Criminal Law Amendment Act, 1953 (Act No. 8 of 1953); (j) a contravention of section 2(2) of the Reservation of Separate Amenities Act, 1953 (Act No. 49 of 1953); (k) a contravention of section 16 of the Sexual Offences Act, 1957 (Act No. 23 of 1957); (kA) a contravention of section 14, section 20(2), section 20A(4) or section 26(2) of the Black Labour Act, 1964 (Act No. 67 of 1964); (l) a contravention of section 46 of the Group Areas Act, 1966 (Act No. 36 of 1966); (m) a contravention of section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967); or (n) a contravention of section 2 read with section 4(1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act No. 51 of 1968). (i) an Act of Parliament or subordinate legislation made thereunder; (ii) an ordinance of a provincial council; (vi) any other enactment having the force of law, other than those provisions referred to in subsection (1), which were enacted in the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, which created offences that were based on race or which created offences, which would not have been considered to be offences in an open and democratic society, based on human dignity, equality and freedom, under the constitutional dispensation after 27 April 1994, the criminal record, containing the conviction and sentence in question, of that person must, on the person's written application, subject to subsection (3) and section 271D, be expunged. (b) Where the criminal record of a person referred to in subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application, subject to subsection (3) and section 271D, be expunged. (3) The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (2)(a) or (b), issue a certificate of expungement, directing that the criminal record of the person be expunged, if the Director- General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1) or subsection (2)(a), as the case may be. (4) The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection (3) or (5)(b) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D. (a) In the case of a dispute or any uncertainty as to whether an offence is an offence as referred to in subsection (1) or (2)(a) or not, the matter must be referred to the Minister for a decision. (b) If the Minister decides that the offence is an offence as referred to in subsection (1) or (2)(a), he or she must issue a certificate of expungement, directing that the criminal record of the person be expunged. (1) The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a person if- (i) he or she is furnished with a certificate of expungement by the Director-General: Justice and Constitutional Development as provided for in section 271B(2) or section 271C(3) or by the Minister as provided for in section 271C(5); or (2) The head of the Criminal Record Centre of the South African Police Service must, on the written request of a person who- (b) qualifies to have his or her criminal record expunged automatically in terms of section 271C(1), in writing, confirm that the criminal record in question has been expunged. (a) without the authority of a certificate of expungement as provided for in section 271B, 271C or this section; and (b) intentionally or in a grossly negligent manner, expunges the criminal record of any person or confirms that a criminal record has been expunged as provided for in subsection (2), is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and that imprisonment. (1) Where the Director-General: Justice and Constitutional Development, in terms of section 271B(2) or 271C(3), or the Minister, in terms of section 271C(5)(b), has issued a certificate of expungement and it subsequently appears that the applicant did not qualify for the expungement of his or her record, the Director-General must- (a) inform the applicant in writing of the information that has come to his or her attention and that he or she or the Minister intends to revoke the certificate of expungement; (b) afford the applicant an opportunity to furnish compelling written reasons to him or her or the Minister, within 90 working days after the applicant has been informed of the intention to revoke, why his or her record should remain expunged; (i) his or her or the Minister's decision; and (ii) the reasons for revoking the certificate of expungement; and (d) inform the head of the Criminal Record Centre of the South African Police Service in writing within 14 working days after the decision was made, to revoke the certificate of expungement and to reinstate the convictions and sentences in question. (2) If the applicant fails to furnish compelling written reasons contemplated in subsection (1)(b), the Director-General or the Minister, as the case may be, may, subject to the Promotion of Administrative Justice Act, 2000 (Act No. 2 of 2000), revoke the certificate of expungement. (1) The Director-General: Justice and Constitutional Development may delegate any power or assign any duty conferred on or assigned to him or her in terms of section 271B(2) or (3) or 271C(3) or (4) to an appropriately qualified official in the employ of the Department of Justice and Constitutional Development at the rank of Deputy Director-General. (a) is subject to any limitation, condition and direction which the Director-General may impose; (b) must be in writing; and (c) does not divest the Director-General of the responsibility concerning the exercise of the power or the performance of the duty. (a) confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and (b) at any time, in writing, withdraw a delegation or assignment. (i) the form on which a person's written application for the expungement of his or her criminal record must be made, as provided for in section 271B(1)(a) and section 271C(2)(a) and (b); (ii) the certificate of expungement to be issued by the Director-General: Justice and Constitutional Development or the Minister, as provided for in section 271B(2) and section 271C(3) and (5)(b); and (iii) the manner in which the Director-General must submit certificates of expungement that have been issued, to the head of the Criminal Record Centre of the South African Police Service, as provided for in section 271B(3) and section 271C(4); and (b) may make regulations regarding any other matter which is necessary or expedient in order to achieve the objects of sections 271B, 271C and 271D.

Pages: 512

Publisher: Prentice Hall College Div; 3 Sub edition (July 1, 1998)

ISBN: 0136933688

Criminal justice

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The legislation also makes it possible for other interested parties, including the media and members of the general public, to attend parole hearings as observers. A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records The Nature of the Judicial download pdf Subject to the provisions of Articles 42 and 44, if there are some women in the dwelling, and if the entry of that dwelling is not for the purpose of arresting or searching these women, the officers in charge of such search shall be accompanied by a woman Statistics in Criminology and Criminal Justice: Analysis and Interpretation read epub. Assuming there was a valid waiver under the 5th amendment, they are probably ok. At this point there were no formal charges brought, so there were no 6th amendment rights yet. Statement #7: When D asks for a lawyer at the arraignment, the 6th amendment right to counsel applies. D did not reinitiate the second discussion with the police after the arraignment , cited: The Penal Law and Code of Criminal Procedure of the State of New York as Amended at the One Hundred and Thirty-Seventh Session of the Legislature, Twenty-Sixth Edition read epub. FILING COMPLAINT AFTER CITATION ...................... 853.9 CHAPTER 6. RETAKING AFTER AN ESCAPE OR RESCUE .................... 854-855 CHAPTER 7. EXAMINATION OF THE CASE, AND DISCHARGE OF THE DEFENDANT, OR HOLDING HIM TO ANSWER ................... 858-883 TITLE 4. GENERAL PROVISIONS .................................... 888-892 CHAPTER 2 ref.: Magistrates' Courts Criminal read pdf Voluntariness: Scissors Lee was deceived in signing the cautioned statement DPC13579 showed the cautioned statement to Scissors Lee, and simply asked him to sign on it without explaining the content. Scissors Lee thought the cautioned... ... Criminal Procedure Policy Paper University of Phoenix CJA/364 Criminal Procedure 25 March 2014 The first ten amendments of the United States Construction are known as the Bill of Rights epub.

It offered a store of legal principles and rules invested with the authority of ancient Rome and centuries of distinguished jurists, and it held out the possibility of a comprehensive legal code providing substantive and procedural law for all situations , cited: Problems in Evidence, 4th read for free Problems in Evidence, 4th Edition. Some trials are widely publicized, while others speak only to the victims, witnesses, jurors, and others directly involved Mortal Evidence: The Forensics Behind Nine Shocking Cases read here. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. .—A person who unlawfully and intentionally, using any device, substance, or weapon— (1) performs an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury (as defined in section 1365 of this title) or death; or (2) destroys or seriously damages the facilities of an airport serving international civil aviation or a civil aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (1) the prohibited activity takes place in the United States; or (2) the prohibited activity takes place outside the United States and (A) the offender is later found in the United States; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U online.

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At one time, one weapon for countering prejudical pretrial publicity was for the trial judge to order a change of venue so that the trial would take place at a distant location from the county or city in which the crime occurred (Rideau v. But this is far less an effective antidote today , source: Serial Murderers and their Victims (Wadsworth Contemporary Issues in Crime and Justice) If the public security organ finds it necessary to arrest a detainee when sufficient evidence is still lacking, it may allow the detainee to obtain a guarantor pending trial or place him under residential surveillance ref.: The 1997 Criminal Code of the People's Republic of China Any person who is granted an unconditional pardon or a pardon to take effect on the performance of a condition precedent and who performs that condition shall be restored to his civil rights without further proceedings. Any person granted a pardon containing a condition the violation of which will operate to revoke the pardon shall not be so restored unless the terms of the pardon so provide. 2 download. This, too, was the policy adopted by the codifiers of the 1909 Criminal Code. (See S. I, pp. 12, 13, and 14, 60th Cong., 1st sess.) Words “and upon conviction thereof” before “shall be punished” were also omitted as unnecessary, since punishment cannot be imposed until a conviction is secured Research Methods in Criminal Justice: An Introduction Proof of motive may be material in proving that the defendant committed a particular crime, but it is not essential to a conviction ref.: Forensic Science Evidence: Can download online download online. Criminal law is the body of law dealing with crimes and their punishment. There are still areas where things are not in the actual laws. An example is that in the State of Michigan, the definition of murder is not codified, it relies on the common law definition ref.: American diplomacy (American historical series) On appeal by defendant when sentence is excessive. On appeal from a sentence on the ground that it is excessive, the court shall have the power to reduce the extent or duration of the sentence imposed, if, in its opinion, the conviction is proper but the sentence imposed is too severe Radical Issues in Criminology

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Stuntz, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, 107 Yale L. J. 1, 6 (1997) (noting that "[c]riminal procedure is, basically, a subset of constitutional law" and decrying the artificial separation between criminal procedure and substance to which this leads). 1 For the sake of brevity, I use "pleas" as a shorthand for pleas of nolo contendere and guilty (including Alford pleas) , cited: Criminal Procedure: Law and read epub Criminal Procedure: Law and Practice. Miranda was eventually granted a retrial as the confession evidence was thrown out, and even though he was still convicted with the same prison term, his case made a large impact throughout the U online. We want to hear your views about our prosecution policy and so we conduct consultations to help inform our policy making. The Criminal Procedure Rules (CrimPR) govern the practice and procedure of the criminal courts. The body responsible for making the rules is the Criminal Procedure Rule Committee (CPRC). The Committee consists of 18 members, which includes the DPP and is chaired by the Lord Chief Justice Murder, Medicine and read here read here. L. 98–473, title II, §§1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030. 1974—Pub. L. 93–406, title I, §111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, substituted “Employee Retirement Income Security Act of 1974” for “Welfare and Pension Plans Disclosure Act” in item 1027. 1967—Pub epub. C. (one of the sources of such sec. 701), as it existed at the time of the enactment of the revision of title 18 and which was not incorporated in title 18 when the revision was enacted , cited: The Criminal Law Handbook: download pdf Section 328 If the offence of defamation be committed by means of publication of a document, drawing, painting, cinematography film, picture or letters made visible by any means, gramophonerecord or an other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means, the offender shall be punished with imprisonment not exceeding two years and fined not exceeding two hundred thousand Baht The Self-Help Guide to the download online The Self-Help Guide to the Law: Criminal. CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO THEM ................................................ 1137-1142 CHAPTER 4. THE VERDICT OR FINDING .............................. 1147-1168 CHAPTER 4.5 , e.g. Blackstone's Police Q&A: Four read online Moveable assets which have been seized or otherwise secured pursuant to Section 94 or which have been seized pursuant to Section 111c subsection (1) shall be handed over to the aggrieved person from whom they have been taken as a result of the criminal offence if his identity is known, if the claims of third persons do not present an obstacle and if the assets are no longer required for the purposes of the criminal proceedings , cited: Criminal Justice in Action download here Criminal Justice in Action. Collateral mistake of law that negates a required specific intent warrants acquittal, if not under a general provision to that effect, then because the trier cannot find that intent to have existed as a fact APPEARANCE TICKETS IN NEW YORK read online read online. Correctional Services and Supervision Matters Amendment Act 122 of 1991 – Government Notice 1516 in Government Gazette 13367, dated 10 July 1991. Commencement date of section 38, 41(b) and 47, 41(a) in so far as it adds paragraph (h) to section 276(1), 41(a) in so far as it adds paragraph (i) to section 276(1), section 42 in so far as it inserts section 276A(1), and section 46 in respect of certain Magisterial Districts as indicated: 1 August 1992 [Proc The criminal investigation process volume II: Survey of municipal and county police departments (Rand Corporation. Rand report)

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