Sentences with phrase «prosecution as an abuse»

[5] Therefore, a Court is only likely to refuse a summons, or to stay a private prosecution as an abuse of process, where its conscience is offended by the private prosecutor's motives.

Could the Court be persuaded to stay the prosecution as an abuse of process?

His lordship would therefore allow the claim, quash the district judge's decision and stay the prosecutions as an abuse of the court.

Not exact matches

After years of alleged cover - ups and silence from the church over its paedophilia scandal, abuse survivors and their advocates have hailed the prosecution of Pell as a monumental shift in the way society is responding to the crisis.

Gipson notes the law would give judges the discretion to allow facility dogs for not only child abuse victims, but for any victim or witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or prosecution side.

In England and Wales, posting online material motivated by hostility or prejudice merits the same sentence as shouting racist abuse, but prosecutions are rare

As National Center for Prosecution of Animal Abuse director, Allie Phillips has suffered from her share of stress — luckily, as a master energy healer and teacher, she's learned how to recognize unhealthy signs of stress and has developed some helpful coping mechanisms for the field, which she shared in the webinar, «Handling the Stress of Combating Animal Abuse.&raquAs National Center for Prosecution of Animal Abuse director, Allie Phillips has suffered from her share of stress — luckily, as a master energy healer and teacher, she's learned how to recognize unhealthy signs of stress and has developed some helpful coping mechanisms for the field, which she shared in the webinar, «Handling the Stress of Combating Animal Abuse.&raquas a master energy healer and teacher, she's learned how to recognize unhealthy signs of stress and has developed some helpful coping mechanisms for the field, which she shared in the webinar, «Handling the Stress of Combating Animal Abuse.»

Allie has been a federal and state animal protection lobbyist and as the director of the National Center for Prosecution of Animal Abuse at the National District Attorneys Association, she teaches criminal justice professionals on animal protection and prosecutProsecution of Animal Abuse at the National District Attorneys Association, she teaches criminal justice professionals on animal protection and prosecutionprosecution issues.

The goal of this webinar is to provide overview of important factors involved in charge approval / prosecution of animal cruelty cases including links to violence, risk factors, abuse as predictor and indicator crime, public interest factors, youth statistics and types of abuse.

From 2011 - 2015 Allie returned to the National District Attorneys Association to launch and direct the National Center for Prosecution of Animal Abuse as well as act as Deputy Director for the National Center for Prosecution of Child Abuse.

Law enforcement agencies across the country call upon us to assist with the invesigation and prosecution of every type of animal abuse — from individual situations of neglect and abuse, to cockfighting or dogfighting operations, to abusive, illegal puppy mill operations and to large - scale animal cruelty situations such as animal hoarding.

Thank you Animal Legal Defense Fund for honoring me as one of America's Top Animal Defenders of 2015 for creating the National Center for Prosecution of Animal Abuse and the global Sheltering Animals & Families Together (SAF - T) ™ Program.

I think I can asssure Mr. Garrett that when it becomes almost impossible to get meaningful prosecution of child and sex abuse cases, as is often the case when animal cruelty is involved, a concerned public will indeed rally for stronger prosecution, provided of course, that the cases are publicized.

Alternatively, at any stage of the private prosecution, the conduct of the private prosecutor could be relied upon as the foundation for an abuse of process submission if the conduct causes unfairness or is unconscionable.

[1] Their Lordships regarded the DPP's power to discontinue a private prosecution on evidential grounds as an important safeguard against abuse of the right to prosecute.

He moved to Seattle in 1994 from New York, where he served as an Assistant District Attorney in the Brooklyn District Attorney's Office, focusing primarily on sex crimes, child abuse and domestic violence prosecutions, and an associate at Wachtell, Lipton, Rosen & Katz, where he practiced securities litigation and white collar defense.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

Article II of the Constitution prohibits a President from using the pardon power to overturn an impeachment.5 The Framers of the Constitution placed only this limitation on the ability of the President to exercise his pardon power, 6 and the only sanction for the abuse of the pardon power is the removal of the President through impeachment.7 The Constitution is silent, however, as to whether the President may grant himself a pardon from prosecution and, if so, when such a pardon may be issued.8 In the over 20,000 instances that Presidents have used this exclusive power, 9 no President has used this power to pardon himself.10

John finally told his parents about the abuse perpetrated by Montoya, and as a result, an investigation was launched, leading to Montoya's arrest and prosecution.

There is no reason in principle why a private prosecution should not be considered an abuse of process if the crime, the subject of the prosecution, is one that has been encouraged by the private prosecutor or when, in some other way, the private prosecutor has essentially created the same mischief as that about which he or she complains.

It was trite law that a prosecution could be stayed as an abuse of process if state agents had lured a person into committing a crime: R v Looseley, A-G's Reference (No 3 of 2000)[2001] 4 All ER 897.

Many online abuse cases rely on the «tacking on» of cyberbullying to other, perhaps more serious crimes and, while much of what is said online can be covered by existing legislation such as the Malicious Communications Act (1998) or the Communications Act (2003), prosecution is often reliant on fitting the charge into the parameters of other offenses, such as stalking and threatening to cause violence.

The first prosecution goal was accomplished by putting the focus on the history of the mother's relationship with her sons, as she had a significantly less salient role in their alleged prior abuse than the father and was hardly a current threat to two grown young men.

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM - related issues.

Equally, as the botched prosecution of Nathan Ntege proves, abusing rights is one thing but abusing power is quite another matter.

The State of California recognized Mr. Rodriguez's distinguished service as Trial Team Leader by awarding him with a Child Abuse Vertical Prosecution grant.

In the meantime Channel 4, by its inactivity, condoned behaviour which bordered, if not trespassed, on the criminal; in my opinion much of what happened was racist abuse and could be open to prosecution as «hate crime».

As leaders in the field since 2003, more than 100,000 child protection professionals have been trained in all 50 states and 17 countries on topics pertaining to child abuse investigations, prosecutions and prevention.

Stephen Scott of Prevent Child Abuse Iowa said he supported moving up the age to a month or so to assist those «totally unprepared for parenting,» but he worried that stretching the time frame out to a year might become an incentive for parents to «just give up» or to abandon children with health problems or who have been abused or neglected as a way to escape prosecution or responsibility.

One established Ontario based lawyer (from a prominent firm) even commented publicly and online, some time ago, that it wasn't good for the Competition Bureau of Canada to not have a certain measure of success as it relates to the Abuse of Dominance provisions around successful prosecutions.