Sentences with phrase «in criminal prosecution»

Colorado adopted a provision prohibiting substance abuse discovered through prenatal care from being used in a criminal prosecution.

Ontario Superior Court Justice Ian Nordheimer ruled in R. v. Nestlé Canada Inc., that «settlement privilege» does not trump the Crown's disclosure obligations in a criminal prosecution against another party.

To preclude a civil litigant from relitigating an issue previously found against him in a criminal prosecution is less severe than to preclude him from relitigating such an issue in successive civil trials, for there are rigorous safeguards against unjust conviction, including the requirements of proof beyond a reasonable doubt and of a unanimous verdict, the right to counsel, and a record paid for by the state on appeal.

Our work as expert accountants in this matter has given us insight into the risk of being caught up in criminal prosecution proceedings.

The legislation threatened to make lawyers «a resource to be used in the criminal prosecution of their clients», their «offices turned into archives for the use of the prosecution»: Maranda v. Richer, 2003 SCC 67 (at paragraphs 205 and 216).

The rule prohibits both direct and indirect use of illegally obtained evidence in a criminal prosecution, but will only be applied where its deterrence benefits outweigh its substantial social costs.

They may not want to expose themselves to potential harm, danger, or be identifiable, [or] they may not want to get involved in a criminal prosecution as a witness.»

Indeed it would be anomalous not to say bizarre, if the Crown were not required to identify the class of crime in question in a criminal prosecution while the director is so required in a civil enforcement suit...

For example, if (i) the offender has repaired the damage or injury done (or at least has made every reasonable effort to compensate for the injustice caused), and (ii) the public and private interests in a criminal prosecution are deemed low, the prosecutor or court may terminate the prosecution without imposing sanctions.

Claire was formerly a senior lawyer at the Financial Conduct Authority (FCA), in the criminal prosecution team, most recently being seconded to the Competition and Markets Authority (CMA).

Represented a commercial airline gate agent as a witness in a criminal prosecution of a passenger

Represented manufacturer in criminal prosecution by the district attorney in an explosion incident involving the death of an employee

The CRA is therefore often successful in tax appeals before the Tax Court of Canada («TCC») even after a taxpayer has been acquitted in a criminal prosecution based on the same fact pattern.

From time to time I provide reports in personal injury and clinical negligence cases, and occasionally in Family Court and employment tribunal cases, but most of my reports are commissioned on behalf of a defendant in a criminal prosecution.»

HB 5364 of 2015 provided that that in any criminal prosecution involving an alleged violent crime and testimony from a victim of such crime, such victim shall be permitted to be accompanied by a therapy dog while testifying in the criminal prosecution, provided such dog is not visible to the jury.

Claire previously spent over eight years as a senior lawyer in the criminal prosecution team at the Financial Conduct Authority (FCA).

«(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.».

Failure to comply with the requirements of the regulations can result in a criminal prosecution and also give rise to a personal injury claim.

The court held that a criminal investigation could not be considered litigation in this context, as a criminal investigation did not always result in a criminal prosecution.

There is considerable doubt that the Sixth Amendment itself, as originally drafted by the Framers of the Bill of Rights, contemplated any guarantee other than the right of an accused in a criminal prosecution in a federal court to employ a lawyer to assist in his defense.

The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

When asked to return the animal (s) I agree to do so without conflict, and I understand that to refuse to do so may result in criminal prosecution against me.

You're past the CPA / EA time, since the communication with anyone but an attorney is not privileged in criminal prosecution.

On the fight against corruption, Ms Lamptey said she would apply her professional experience in criminal prosecution law in effectively dealing with corrupt officials.

Richard Aborn is president of the Citizens Crime Commission of New York City — a non-partisan non-profit organization focused on criminal justice and public safety policies and practices — Richard Aborn draws on his wide experience in criminal prosecution and litigation — policy development — management and government affairs to promote the Crime Commission's agenda of making...

Richard Aborn is president of the Citizens Crime Commission of New York City — a non-partisan non-profit organization focused on criminal justice and public safety policies and practices — Richard Aborn draws on his wide experience in criminal prosecution and litigation...

The release of such information may be in violation of the Data Protection Act 1998 and could result in criminal prosecution or a penalty of up to # 500,000.

Prof. Lucas has been linked to the SMA brand since at least 2003 when he was part of the defence team that unsuccessfully defended previous owners Wyeth in a criminal prosecution.

July 28 — Two weeks after being cleared of racial abuse in a criminal prosecution, former England captain John Terry was charged by the Football Association (FA) yesterday for virtually the same offence.

The SixthAmendment provides: «In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.»

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State...

The Sixth begins with «In all criminal prosecutions», which already assumes that the State has initiated action against an Individual.

But since the State AG actually has very little role in criminal prosecutions in New York — how does what you say indicate her qualifications for the job?

Several Moreland Commission members said that the files contained some cases that could result in criminal prosecutions.

All five agreed that the city had not done enough to address a meningitis outbreak among gay and bisexual men, that a state ban on surrogacy services contracts should be overturned, and that using condoms as evidence in criminal prosecutions should be barred.

NY Times reports that a federal judge reduced the prison sentence of former Assemblyman Brian McLaughlin for his help in the criminal prosecutions of former state Sen. Carl Kruger and former Assemblyman Anthony Seminerio: http://goo.gl/7jT9mS

NY Times reports that a federal judge reduced the prison sentence of former Assemblyman Brian McLaughlin for his help in the criminal prosecutions of former state Sen. Carl... Continue reading →

Many and perhaps most of the fatal attacks occurring in 2017 resulted in criminal prosecutions and lawsuits that are still before the courts.

The Coalition is comprised of teams dedicated to solving different aspects of the problem through its Minnesota Castration Clinic, Minnesota Hay Bank, assisting and providing resources to law enforcement in criminal prosecutions of horse crimes, assisting with temporary foster care, veterinary assistance and euthanasia.

The dogs, held as evidence in the criminal prosecutions, were taken to a half dozen city and county pounds and shelters in Virginia.

In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.

He has also represented clients in noteworthy Slayer Statute and property rights disputes, deaths caused by texting while driving, and is an aggressive advocate for the principles set forth in the Virginia Declaration of Rights and United States Bill of Rights in criminal prosecutions.

In the United States, a public defender is a right guaranteed by the 6th Amendment in criminal prosecutions.

July 2, 2015 - In most Canadian jurisdictions, jury trials are most common in criminal prosecutions.

«The Sixth Amendment's Confrontation Clause provides that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.

The Sixth Amendment to the U.S. Constitution reads: «In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial....»

The Sixth Amendment to the United States Constitution provides in pertinent part: «In all criminal prosecutions, the accused shall enjoy the right... to have the assistance of counsel for his defence.»

In both White and R v Fitzpatrick, [1995] 4 SCR 154, the Supreme Court of Canada outlined a series of contextual factors that can be used to assess whether to deploy the principle against self - incrimination to exclude an insurance report in criminal prosecutions.

The Sixth Amendment provides, «In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence.»

The authors argue that the result is a form of punishment for infringing activity that lacks the procedural safeguards that are normally present in criminal prosecutions.