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Author: Adv. Naveen Rao
Publisher: Prowess Publishing
ISBN: 1545747652
Category : Law
Languages : en
Pages : 226
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Book Description
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.”
Author: Adv. Naveen Rao
Publisher: Prowess Publishing
ISBN: 1545747652
Category : Law
Languages : en
Pages : 226
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Book Description
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.”
Author: R. Sharma
Publisher: APH Publishing
ISBN: 9788176482929
Category : Bail
Languages : en
Pages : 348
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Book Description
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
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Book Description
Author: Lester B. Orfield
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584775225
Category : Law
Languages : en
Pages : 0
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Book Description
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).
Author: American Bar Association. Criminal Justice Standards Committee
Publisher: American Bar Association
ISBN: 9781590311783
Category : Law
Languages : en
Pages : 168
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Book Description
"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author: Christine S. Scott-Hayward
Publisher: Univ of California Press
ISBN: 0520970497
Category : Social Science
Languages : en
Pages : 309
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Book Description
Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Author: Allison Frankel
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 225
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Book Description
"[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.
Author: John J. DiIulio
Publisher:
ISBN:
Category : Criminal justice personnel
Languages : en
Pages : 182
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Book Description
A Discussion paper from the BJS-Princeton Project.
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
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Book Description
