Instruct: Given a question, retrieve relevant documents that answer the question.
Query: Who has to initiate a plea bargain?
In China, a plea bargaining pilot scheme has been introduced by the Standing Committee of the National People's Congress in 2016. For defendants that faces jail terms of three years or below, agrees to plea guilty voluntarily and agree with prosecutors' crime and sentencing proposals, will be given mitigated punishments.
People v. LaValle, 3 N.Y.3d 88 (2004), was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed in case of deadlock. New York has since been without the death penalty, as the law has not been amended.
While still at the firm, Payton was tapped to be the lead counsel for the University of Michigan in defending its law and undergraduate schools' use of race in their admissions processes. For more than six years, Payton handled the two high-profile cases in the trial court and in the court of appeals, and argued "Gratz v. Bollinger" before the Supreme Court. He organized a broad coalition from higher education, the military and top businesses in support of diversity initiatives. In a narrow decision in "Grutter v. Bollinger", the Supreme Court upheld the use of race in college admissions.
Candidates wishing to become barristers may have to pass an examination and undergo further specialised training before those candidates are "called to the bar" or "sign the roll of counsel". Both the examination and the further training are administered by the state's bar association:Upon completing the relevant training course, new barristers ("readers") are required to spend a period of months "reading" in the chambers of an experienced barrister, called the reader's "tutor" (in New South Wales) or "mentor" (in Victoria) (historically, this experience barrister was called the new barrister's "pupil master"). This "reading" period serves as a kind of practical apprenticeship for the new barrister, who works in the same chambers as their tutor/mentor and is able to learn by observing their tutor/mentor, as well as actively seeking their guidance.
On June 2, 1986, the defense requested for the case to move back to Puerto Rico, where the political motives would be understood and argued that the Sixth Amendment of the US Constitution offered a right to be tried in the district of offense and cited SCOTUS precedents of defendants being tried in their own community. Michael Deutsch brought in sociolinguist William Labov who exposed that due to low quality recording, only native Spanish speakers had been able to understand words in what recorded in the tapes during tests, and that even then there was no agreement about what was being said. Labov argued that this diminished the possibility of a transcript being objective without the jury understanding the words and estimating the voice tones in the tapes. This was used to argue in favor of moving the case back to Puerto Rico and against employing an entirely American jury. Claire declined to move the case, citing that it revolved around a heist in Hartford and that the arguments would not involve Puerto Rican politics. Despite this, the prosecution had emphasized alleged EPB moves in Cuba and Nicaragua, both countries with strong ties to Communism. The defense then moved to argue the suppression of government evidence due to procedural errors in its collection that included being sealed months after dictated by procedure. Concern grew over the prolonged time of reclusion that the accused were spending in jail on preventive detention. On October 21, 1986, the US Court of Appeals for the Second District argued that such a period of pre-trial detention was unconstitutional. By December, Claire had begun to set bonds for the accused that were held for 15 months under preventive detention.
In July 2008, The Weinstein Company announced the development of a new sequel, "Scream 4", written by Williamson with Craven being secured for the project in March 2010. In May 2010, Cathy Konrad, producer of the original three "Scream" films filed a $3 million lawsuit against The Weinstein Company alleging they violated an agreement with her company, Cat Entertainment, that gave them first rights to produce all "Scream" films. The Weinstein Company argued that the agreement requires Konrad's services to be exclusive to the franchise, an argument that Konrad called "false pretext" as the previous films did not require this stipulation. Konrad accused the Weinsteins of attempting to force her to walk away without compensation in order to hire a cheaper producer (Craven's wife Iya Labunka) and cut costs. In April 2011, it was reported that the case had been settled out of court by The Weinstein Company.
The origins of the WWE Network can trace back to 2000 when USA Network filed the lawsuit against the World Wrestling Federation (WWF, now known as the WWE) due to breach of contract which saw most of its programming moved to Viacom-owned TNN and MTV. The Delaware Chancery Court ruled in favor of the WWF in June 2000. Then CEO, Linda McMahon, revealed that WWF wanted its own cable network and testified that before WWF signed a rights deal with Viacom, the company had floated the idea of acquiring USA's Sci-Fi Channel, and reformatting it as a dedicated wrestling network. USA executives rejected the idea, and McMahon said that former USA Networks President Barry Baker encouraged her to talk to other programmers about potential deals. "I can tell you right now, Linda, you're not going to get anybody to give you a network," McMahon testified. In 2005, USA Network re-acquired the rights to all WWE programming.
Capital punishment was reintroduced in 1995 under the Pataki administration, but the statute was declared unconstitutional in 2004, when the New York Court of Appeals ruled in "People v. LaValle" that it violated the state constitution. The remaining death sentence was commuted by the court to life imprisonment in 2007, in "People v. John Taylor", and the death row was disestablished in 2008, under executive order from Governor Paterson. No execution has taken place in New York since 1963. Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the federal death penalty.
In 2012, a couple of American elected officials and office-seekers have suggested that Singapore's success in combating drug abuse should be examined as a model for the United States. Michael Bloomberg, a former Mayor of New York City, said that the United States could learn a thing or two from nations like Singapore when it came to drug trafficking, noting that "executing a handful of people saves thousands and thousands of lives." The last execution in New York took place in 1963. Several courts have ruled that the death penalty violates the New York Constitution (see "People v. LaValle"). In 2007, the state of New York abolished the death penalty. 20 states, plus Washington D.C., have abolished the death penalty, with the most recent being Washington state in 2018. However, certain states, such as Texas, still have similar or even higher rates of execution than Singapore.
The Preamble has been used to confirm that the Constitution was made for, and is binding only in, the United States of America. For example, in "Casement v. Squier", a serviceman in China during World War II was convicted of murder in the United States Court for China. After being sent to prison in the State of Washington, he filed a writ of "habeas corpus" with the local federal court, claiming he had been unconstitutionally put on trial without a jury. The court held that, since his trial was conducted by an American court and was, by American standards, basically fair, he was not entitled to the specific constitutional right of trial by jury while overseas.
Law graduates wishing to work and be known as barristers must take the Bar Professional Training Course (BPTC – previously Bar Vocational Course or BVC) at one of the institutions authorised by the Bar Council to offer the BPTC. On successful completion of the BPTC student barristers are "called" to the bar by their respective inns and are elevated to the degree of "Barrister". However, before they can practise independently they must first undertake 12 months of pupillage. The first six months of this period is spent shadowing more senior practitioners, after which pupil barristers may begin to undertake some court work of their own. Following successful completion of this stage, most barristers then join a set of Chambers, a group of counsel who share the costs of premises and support staff whilst remaining individually self-employed.
The direct negotiations between Chile and Argentina about the islands and maritime rights in Beagle conflict began after the Queen Elizabeth II of the United Kingdom announced on 2 May 1977 the judgement of the Beagle Channel Arbitration to the governments of both countries. The court ruled that the islands and all adjacent formations belonged to Chile. The direct negotiations finished with the Act of Montevideo on 9 January 1979, where both countries accept the papal mediation after Argentina's call off of the Operation Soberanía. This was the most dangerous phase of the Beagle Conflict and there was a real possibility of open warfare.
The prosecution theorized that McMonigle abducted Chamberlain with the intention of raping her, murdered her when she tried to resist, and later carried her body to the Devil's Slide and tossed it into the ocean. He was pronounced guilty by the jury after only 38 minutes of deliberation, and sentenced to die in the gas chamber. While in death row, he confessed to the murder of a San Francisco woman and later to have murdered eleven people overall, but he was not charged with more murders. In his last statement before his execution in 1948, however, McMonigle claimed that he was not involved in Chamberlain's disappearance.
Most of the members of the Junta are currently in prison for crimes against humanity and genocide.
The Beagle conflict began to brew in the 1960s, when Argentina began to claim that the Picton, Lennox and Nueva islands in the Beagle Channel were rightfully hers. In 1971, Chile and Argentina signed an agreement formally submitting the Beagle Channel issue to binding Beagle Channel Arbitration. On May 2, 1977 the court ruled that the islands and all adjacent formations belonged to Chile. See the Report and decision of the Court of Arbitration.
In the event that fantasy sports are not deemed to be a form of sports wagering, then states may have a role in determining their legality. Under most state laws, lotteries are illegal only if they involve three elements: an entry fee (known as "consideration"), a prize (a "reward", in legal terms) and chance. Whether fantasy sports are a lottery varies from state to state and hinges on the definition of "chance" that the state interprets. For some states, if skill dominates the outcome of the event, then the contest is legal, and passes what's called the "dominant factor test". Other states with a stricter definition of chance, called "any chance test", have made fantasy football illegal.
Bruno, along with Governor George Pataki and Assembly Speaker Sheldon Silver, was instrumental in returning the death penalty to New York State in 1995. The New York Court of Appeals (the highest state court in New York) later found the law to be unconstitutional because it gave jurors deadlocked between life without parole and execution no choice but to give eligibility for parole after 25 years; the Court of Appeals feared that jurors faced with this choice would unfairly lean toward a death sentence. In the 10 years after the law was passed, New York's crime rate plummeted without ever seeing an execution, perhaps weakening public support for the death penalty. Silver let the law die in 2005 without much debate.
In April 2012, an "ex relatio" complaint was filed in a federal District Court against five mortgage banks. Although Nehemiah was not a party to this complaint, the allegations related to the banks' treatment of Nehemiah-assisted down payments. In July 2014, the court dismissed the claim, citing a lack of subject-matter jurisdiction.
In June 2004, the state's highest court ruled in "People v. LaValle" that the state's death penalty statute violated the state constitution, and New York has had an effective moratorium on capital punishment since then. Subsequent legislative attempts at fixing or replacing the statute have failed, and in 2008 then-Governor David Paterson issued an executive order disestablishing New York's death row. Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the federal death penalty.
The Capitol Heights conflict-mediation program focuses on resolving differences between youths in the area.
The jurors of the trial voted the guilt of Socrates by a narrow margin (36a). In the "Apology of Socrates", Plato cites no numbers of votes condemning or acquitting the philosopher of the accusations of moral corruption and impiety; although Socrates did say he would have been acquitted if thirty more jurors had voted in his favour. In such cases — where the penalty of death might arise as legal sanction for the accusations presented — Athenian law required that the prosecutor and the defendant each propose an administrative penalty to punish the actions reported in the accusations.
On 27 September 2011, Mexico's Office of the General Prosecutor (PGR) issued an arrest warrant for El Mencho and offered MXN$2 million for anyone who can help provide information that leads to his arrest. He was accused of organized crime involvement and illegal possession of firearms. In March 2014, the United States District Court for the District of Columbia, based on the previous investigations by the DEA, indicted El Mencho for several charges, including drug trafficking and for being leaders of a "Continuing Criminal Enterprise". El Mencho and Abigael were accused of coordinating shipments of cocaine and methamphetamine from South America via Mexico to the U.S. They also stated that the CJNG and Los Cuinis coordinated the collection and delivery of the drug proceeds from the U.S. to Mexico. In addition, the United States District Court for the Western District of Texas is looking to convict El Mencho for drug trafficking offenses.
Some legal scholars argue that plea bargaining is unconstitutional because it takes away a person's right to a trial by jury. Justice Hugo Black once noted that, in America, the defendant "has an absolute, unqualified right to compel the State to investigate its own case, find its own witnesses, prove its own facts, and convince the jury through its own resources. Throughout the process, the defendant has a fundamental right to remain silent, in effect challenging the State at every point to 'Prove it!'" It is argued that plea bargaining is inconsistent with limits imposed on the powers of the police and prosecutors by the Bill of Rights. This position has been rejected by the nation's courts.
The introduction of a limited form of plea bargaining ("comparution sur reconnaissance préalable de culpabilité" or CRPC, often summarized as "plaider coupable") in 2004 was highly controversial in France. In this system, the public prosecutor could propose to suspects of relatively minor crimes a penalty not exceeding one year in prison; the deal, if accepted, had to be accepted by a judge. Opponents, usually lawyers and leftist political parties, argued that plea bargaining would greatly infringe on the rights of defense, the long-standing constitutional right of presumption of innocence, the rights of suspects in police custody, and the right to a fair trial.
Several features of the American justice system tend to promote plea bargaining. The adversarial nature of the system puts judges in a passive role, in which they are completely dependent upon the parties to develop the factual record and cannot independently discover information with which to assess the strength of the case against the defendant. The parties thus can control the outcome of the case by exercising their rights or bargaining them away. The lack of compulsory prosecution also gives prosecutors greater discretion. And the inability of crime victims to mount a private prosecution and their limited ability to influence plea agreements also tends to encourage plea bargaining. Prosecutors have been described as monopsonists.
Plea bargaining was introduced in India by "The Criminal Law (Amendment) Act, 2005", which amended the Code of Criminal Procedure and introduced a new chapter XXI(A) in the code, enforceable from July 5, 2006. It allows plea bargaining for cases in which the maximum punishment is imprisonment for 7 years; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below 14 are excluded.