The criminal conviction requires mens rea, proof of malice or intent on the part of the actor, so something that is found to be accidental would not be criminally actionable.
Not exact matches
You will be
required to provide information regarding
criminal charges, recent arrests,
convictions and child support payments.
Also of concern was that, until 2013, a written complaint from the «aggrieved party» or parent was
required to report abuse unless there was a
criminal conviction.
A proposed bill by Common Council Majority Leader Demone Smith would prohibit employers from
requiring job seekers to disclose any
criminal convictions on their application.
In the report, Singas recommended enhancing vendor screening protocol to mirror that of New York City, which
requires vendors disclose
criminal convictions, tax warrants and if the vendor is barred from working in other jurisdictions.
Note that you are not
required to answer «yes» to this question, or provide an explanation if the
criminal adjudication or
conviction has been expunged, sealed, annulled, pardoned, destroyed, erased, impounded, or otherwise
required by law or ordered by a court to be kept confidential.»
Some states
require that the candidate submit to a background check and some types of
criminal convictions may make the candidate ineligible for licensure.
Neither did the Hayden Act ---- although it prevented individuals from adopting animals within three years of a
conviction for animal abuse or neglect ----
require the key personnel of the nonprofits receiving the animals to undergo
criminal background checks, including screening to be sure they had no personal history of
convictions for animal cruelty and neglect.
Although earlier versions of the bills would have
required shelters to conduct a
criminal background check, and prohibited adoption of animals by individuals with recent animal cruelty
convictions, the language was watered down to allow rather than
require, in what Rep. Paul Muxlow, sponsor of HB 4355, called «a compromise.»
The «box» being «banned» in this initiative refers to the tick box on most employment applications that
requires disclosure of past
criminal convictions.
The Law
requires that employers weigh the following factors to determine if a
criminal conviction has a direct relationship to the job or presents an unreasonable risk: the public policy of New York State to encourage employment of persons previously convicted of one or more
criminal offenses
Held: The Sixth and Fourteenth Amendments
require that no indigent
criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense, but do not
require a state trial court to appoint counsel for a
criminal defendant, such as petitioner, who is charged with a statutory offense for which imprisonment upon
conviction is authorized but not imposed.
«For a defendant to be penalized by the government — whether you call it «punishment» or «forfeiture» — for a purported
criminal act, the government should, one would hope, be
required to obtain a finding of
criminal guilt (i.e., guilt beyond a reasonable doubt), either by guilty plea or
conviction at trial.»
In cases which arise from wrongful
criminal convictions, resolution of the
criminal charges in a manner favourable to the plaintiff may be
required before a cause of action can arise.
For example, increasingly more states and cities are
requiring that employers «ban the box,» which prohibits employers from seeking information about an applicant's
criminal charges or
convictions.
Documents which are commonly
required for the application include: the application form signed and fully completed, a completed personal information form, a
criminal record check, a copy of the court record pertaining to past
convictions, proof of citizenship, a copy of your fingerprint chart (which can be obtained from a U.S. Customs and Border Protection Officer), and a statement indicating your intended activities in the United States.
Many employers
require criminal record checks and may not be willing to employ you if there is a
criminal conviction on your record.
A
conviction or bond forfeiture even for a simple possession
conviction creates a
criminal record and
requires automatic suspension of your driver's license.
EU citizens will be
required to provide an identity document and a photograph, and will be
required to declare any
criminal convictions.
The clear problem with the requirement of imprisonment, as is found by the Court (paras 59 and 60), is that the narrative of past and future persecution in many countries such as Zimbabwe and Uzbekistan, [13] is that in these and many other countries the law enforcement authorities use the
criminal law to extort, blackmail, detain and torture, without recourse of due process of law which would
require a trial,
conviction and sentencing, in accordance with the national law of the country of origin.
As Britain's prison bugging scandal widens, lawyers there are suggesting that hundreds of
criminal convictions may
require review.
Fortunately, for residents of Syracuse and other regions of upstate New York, the Law Office of Mark J. Sacco, located in Latham (a suburb of Albany) is prepared to offer vigorous
criminal defense services to clients who have been accused or arrested for federal or white collar crimes, who
require legal counsel, or who need to file appeals of their
convictions.
• remove all discretion from the secretary of state in relation to deportation orders; • create an assumption that deportation is conducive to the public good; •
require the secretary of state to make a deportation order (this can be made at any time providing there is no pending
criminal appeal against a
conviction or sentence); and • prohibit the secretary of state from revoking a deportation order unless: (i) one of the exceptions below applies; (ii) an application for revocation is made while individuals are outside the UK; or (iii) a new Borders Act deportation order is made.
Effective
criminal justice reform
requires the
conviction that the Liberals, time and time again, failed to demonstrate as a third party.
In these cases, the High Court will be
required to consider whether the imposition of an order with such potentially far - reaching consequences can be justified in the absence of any
criminal conviction.
This is my decision on the defence application to have me find unconstitutional the minimum three year period of imprisonment imposed upon
conviction for firearms trafficking
required by Section 99 (2) of the
Criminal Code of Canada and my reasons for sentence for that offence and three counts of trafficking in cocaine.
The regulations fall short of the inducements I have previously proposed in that they still
require at least a 90 - day «absolute suspension» and still
require a
criminal conviction which for many accused persons is an even greater concern than the loss of their licence.
Not only does a sex crimes
conviction carry serious
criminal penalties, but can also
require you to register as a sex offender for the rest of your life.
The common law, the court concluded, had long
required some level of fault or moral blameworthiness (as opposed to mere negligence) to support a
criminal conviction, but this distinction took on special significance with the advent of the Charter:
Rule 15.2 of the Indiana
Criminal Rules of Procedure
requires an electronic Abstract of Judgment for any felony
conviction.
Facts and history: An applicant, V, applied for a paralegal licence, and filled out an application form
requiring disclosure concerning such matters as previous
criminal convictions, as well as findings involving fraud or dishonesty, dismissals from employment for cause, and the like.
Such uncertainty as to the proper interpretation would in itself undermine and prevent «proof beyond a reasonable doubt» being achieved (the burden of proof
required for
criminal convictions).
As I understand what you've written, you're saying that since Canadian
criminal law analysis requires both the proscribed act and the requisite mental state for a Criminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections i
criminal law analysis
requires both the proscribed act and the requisite mental state for a
Criminal Code conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections i
Criminal Code
conviction, we, in terms of that analysis, have to understand that the effect of the sections involved is to deem both the act and the mental state to have been Merton's own act, own intent, for the purpose of the requirements of the CC sections involved.
Senator Leahy has worked diligently on reentry issues, from passing into law a provision
requiring the National Institute of Justice to study collateral consequences of
criminal convictions federally and in every state, to the creation of the National Inventory of the Collateral Consequences of
Conviction.
A
criminal conviction is not
required to demonstrate that the harmful act was done with the specific intent to injure.
A licensed driving school or certified instructor shall notify the Registrar of any
criminal conviction or arrest for a crime within three days of such
conviction or arrest as
required by 540 CMR 23.03 (4)(c).
Applicants who want to apply for virtual currency transmission will be
required to reveal a lot of information like the applicant's name and principal address, prior
criminal convictions, a description of the business activities, sample of the virtual currency instruments or products, and the name and address of the clearing banks involved.
The plaintiffs sued Allied and Sirva, Inc., an affiliated holding company, alleging they had violated the HRL by denying them employment because of their past
criminal convictions or by
requiring the local moving company to deny them employment because of the
convictions.
In the absence of a
criminal conviction, family courts are unlikely to keep an abusive parent from having contact with the child, although it may be supervised and the parent may be
required to get treatment.