Legislation to revise and recodify Federal criminal laws: hearings before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-fifth Congress, first and second sessions, on H.R. 6869 ...U.S. Government Printing Office, 1978 - 2883 páginas |
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Página 901
... appointed , and in 1971 , it submitted its recommendations . That report was then analyzed and worked over by the Justice Department and congressional staff . With sub- sequent modifications , their work is embodied in the legislation ...
... appointed , and in 1971 , it submitted its recommendations . That report was then analyzed and worked over by the Justice Department and congressional staff . With sub- sequent modifications , their work is embodied in the legislation ...
Página 940
... appointed attorneys , or public defenders , or com- munity defenders is a very new system . It is less than 10 years old . This committee has a chance , really for the first time in a while , to look at the whole structure of how ...
... appointed attorneys , or public defenders , or com- munity defenders is a very new system . It is less than 10 years old . This committee has a chance , really for the first time in a while , to look at the whole structure of how ...
Página 941
... appointed by the circuit court of appeals and not by the district court . I think in practice that has worked very well . The circuit court of appeals is one step removed from the hurly - burly of the trial court , and is , in theory at ...
... appointed by the circuit court of appeals and not by the district court . I think in practice that has worked very well . The circuit court of appeals is one step removed from the hurly - burly of the trial court , and is , in theory at ...
Página 942
... appointed again . I bill by the hour whether I am in court or out of court . I think that one hourly rate makes sense , no matter where you are . Back to the circuit court of appeals ; suppose a private attorney spends many hours , a ...
... appointed again . I bill by the hour whether I am in court or out of court . I think that one hourly rate makes sense , no matter where you are . Back to the circuit court of appeals ; suppose a private attorney spends many hours , a ...
Página 947
... appointed private counsel stated : " I would say that a Federal Public Defender in any judicial district should be a man of the same prestige and standing as the U.S. Attorney . " Hearings on the Amendments to the Criminal Justice Act ...
... appointed private counsel stated : " I would say that a Federal Public Defender in any judicial district should be a man of the same prestige and standing as the U.S. Attorney . " Hearings on the Amendments to the Criminal Justice Act ...
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Palavras e frases frequentes
affirmative defense amendment appeal apply arson Association Attorney believe Chairman child Child Custody child-snatching civil committed concern conduct confidential Congress Conscientious Objectors constitutional convicted counsel crime Criminal Code Criminal Justice criminal law Criminal Solicitation custody decision decriminalization discretion disparity district effect employees existing Federal court federal criminal Federal Government federal jurisdiction Federal Public Defender felony Fifth Amendment gag order going Hobbs Act imposed individual interest involved judge judicial Judiciary jury labor law enforcement legislation limited mandatory sentences MANN marijuana ment obscenity offense officer organization Parole Commission penalty person prepared statement present prison probation problem prosecution prosecutor protect provisions punishment question reason reform release robbery Sentencing Commission statute subcommittee Supreme Court tencing testimony Thank tion trial U.S. attorney U.S. Parole Commission U.S. Supreme Court United United States Attorney violation violence WIGGINS witness
Passagens conhecidas
Página 1191 - And a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law.
Página 1191 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Página 1209 - ... intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States...
Página 903 - labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
Página 918 - As chairman of the Freedom of Information Committee of the American Society of Newspaper Editors, I would like to endorse Senator Javits' amendment to the Appropriations measure to reconstitute authorization for printing of the Official Register.
Página 1041 - The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil.
Página 1042 - The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
Página 1147 - Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him.
Página 1202 - Beyond this, the jury trial provisions in the Federal and State Constitutions reflect a fundamental decision about the exercise of official power — a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power, so typical of our State and Federal Governments in other respects, found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence.
Página 1229 - Nothing herein prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings.