Sentences with phrase «used in criminal prosecutions»

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).

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

Not exact matches

And the European told me that in Europe, it's really a no - no to use customer funds for your own — to gamble with that at all, that this is so criminal that if there is no criminal prosecution of Corzine, if it turns out that he did take the money, then that is going to lead the European capital markets to withdraw their money from the American capital markets, because the whole — the whole of Wall Street would turn out to be gangsters, without any prosecution, without any rule of law at all.

Should crypto investors purposefully avoid reporting their capital gains and losses, the IRS can enforce a number of penalties, including criminal prosecution, which is only used in the most extreme circumstances.

It went on: «Use of the term in a public setting could amount to a criminal offence, and leave those fans liable to prosecution and potentially a lengthy football banning order.»

«Because I ordered him to testify, his testimony can not be used against him in any criminal case, except in a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order to testify,» Azrack said.

This is what we know: the Electoral Commission is still assessing claims that potentially illegal donations were made; the information commissioner is investigating «possible illegal» use of data; the heads of MI6 and GCHQ have both voiced unprecedented warnings about foreign interference in our democratic systems; the government has refused to elaborate on what these are; one of the leave campaigns has admitted the undeclared support and help of the American hedge fund billionaire who backed Trump; the Crown Prosecution Service is being asked to mount a criminal investigation; and questions have been raised about possible unlawful collaboration between different elements of the leave campaign.

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.

He further questioned why the committee would cite him for being in contempt when the bribery commission did not use a criminal prosecution procedure.

I believe in educaton, prevention and treatment rather than immediate criminal prosecution especially on bogus allegations that are used as tactics in Family and Divorce Courts in NYC.

At another firm, which has acted for multiple defendants in SFO investigations and prosecutions, a prominent partner says: «The advent of DPAs has allowed the state to do something it has been lamentably bad at doing: to use the criminal justice system as, potentially, an effective tool in the regulation of business.

Transcript of Attorney Norm Pattis» Overview of Campus Sexual Assault Prosecutions, Effects of Title IX Issues and University and Criminal Defense Strategy used in Recent Yale Campus Rape Defense Victory You're probably listening to this because you've just either gotten a...

A review of AMP provisions suggests their drafters struggled to find terminology analogous to criminal law concepts such as «offence», «prosecution», and «conviction» without using criminal law terminology (which would itself be problematic as it would inevitably make the provisions criminal or quasi criminal in nature).

(b) Proof that the defendant - licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663, or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

Generally speaking, a defense of others defense that justifies a use of force under criminal law will also not give rise to civil liability in a lawsuit for assault and battery as opposed to a criminal prosecution for it.

The attorney general may give an undertaking not to use evidence given in the course of the inquiry in any subsequent criminal prosecutions against the witnesses.

Plea bargaining style deals are controversial, particularly where the evidence provided may be used subsequently in individual criminal prosecutions, but the tactic certainly seems to be working.»

The ruling, says Straw, could affect hundreds of cases in the prosecution pipeline and raises fears that serious convicted criminals could seek to use the technicality of the judgment to have their convictions quashed.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

[3] The introduction of DPAs reflects a long - standing practice in the United States of granting corporates amnesty from prosecution on criminal charges, either through the use of non-prosecution agreements or DPAs, in exchange for the fulfilment of certain requirements.

Whether it is an individual involved in a simple business dispute, accident, domestic relations dispute, criminal proceeding, airplane crash, explosion, malpractice injury, a RICO indictment, injury by defective product or asbestos exposure; or a business organization faced with a multifaceted, multimillion dollar complex litigation problem, a control dispute, a grand jury investigation, a regulatory problem or an indictment; or a governmental unit facing financial default, the loss of a state - wide tax, prosecution or defense of a complex contract dispute or the need to use creative litigation to change a governmental structure — the individual, entrepreneur, corporation, private attorney, CEO, councilman, mayor, governor or even Presidential candidate has turned to the Climaco Firm to solve the problem.

Whether it is an individual involved in a simple business dispute, accident, domestic relations dispute, white collar criminal proceeding, airplane crash, explosion, malpractice injury, a RICO indictment, or injury by defective product; or a business organization faced with a multifaceted, multimillion dollar complex litigation problem, a control dispute, a grand jury investigation, a regulatory problem or an indictment; or a governmental unit facing financial default, the loss of a state - wide tax, prosecution or defense of a complex contract dispute or the need to use creative litigation to change a governmental structure — the individual, entrepreneur, corporation, private attorney, CEO, councilman, mayor, governor or even Presidential candidate has turned to the Climaco Firm to solve the problem.

CONTROL OF INFORMATION: SS 40 - 47 These provisions enable HM Revenue & Customs, and the Revenue & Customs Prosecution Office to supply the secretary of state with information for use in connection with: immigration control; criminal offences; carriers» liability; employment restrictions; asylum support; and nationality matters relating to good character and deprivation of nationality.

Law enforcement officials would have the «same criminal and civil forfeiture powers used in drug prosecutions,» and wiretapping would be permitted in criminal infringement investigations.

None of the legislation can apply to the use of apologies in Criminal Code prosecutions, as they are governed by the Canada Evidence Act.

The use of scientific evidence is increasing in prosecutions and, in many cases, criminal attorneys must know more than just the law to effectively represent clients.

The largest fine in UK criminal enforcement history and the use of a deferred prosecution agreement signals the latest move towards a US style criminal enforcement model.

You'll be in a situation where you're trussed into a process — there used to be a sense that if you went on the witness stand and you took an oath then you would tell the truth because the sanctions for not telling the truth were very great, people were worries about perjury and contempt of court — and in fact the family courts can make a reference to the criminal courts for prosecution for perjury but they just don't do it.

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 prosecutionIn 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 prosecutionin criminal prosecutions.

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

This, the Prosecution argued, coupled with the use of pay as you go phones indicated that secrecy was being deployed in order to hide criminal activity, though the defendants denied this and the conclusion of the jury is not clear cut.

If the government were to use the criminal law as a means of enforcing its public health agenda, we could potentially face the prosecution of parents for all manner of actual or perceived failures in respect of their children's health, including those who refuse or fail to vaccinate their children, because that exposes them to potentially life - threatening diseases and threatens the health of others by diminishing the «herd immunity» in the population.

As used in this subsection, the term «criminal prosecution» includes arresting, detaining in custody, and charging or prosecuting the defendant.

776.032 (1) A person who uses force as permitted in... s. 776.013... is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10 (14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.

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.

Since those companies were located outside the United States, the US used criminal prosecutions of their executives, who were then arrested as they happened to set foot in the country, often in transit at US airports.

com This, the Prosecution argued, coupled with the use of pay as you go phones indicated that secrecy was being deployed in order to hide criminal activity, though the defendants denied this and the conclusion of the jury is not clear cut.

Through its lawsuit, Twitter claims it has a First Amendment right to use warrant canaries to say whether or not it has received various categories of so - called NSL letters and FISA requests — secret orders that can subject the companies to criminal prosecution if they even disclose the existence of the letters in the first place.

Witnesses may ask for and be given the protection of either or both of the federal or provincial Evidence Act, which means that the evidence can not be used against those witnesses in subsequent criminal or civil cases except in situations where it could be shown that the evidence given at the hearing was inconsistent with the evidence given in the subsequent case, in which case the original evidence could be used in a prosecution for perjury.

During his trial, the prosecution alleged that Huang used his position in real estate to aid the establishment of a criminal enterprise.