Expungement is a court-ordered process where the legal record of some criminal cases can be erased in the eyes of the law. In Tennessee, only certain criminal records can be expunged, Tenn. Code Ann. § 37-1-153(a)(5) : You had charges against you dismissed A “no true bill” was returned by a grand jury You were arrested and released without being charged You went to trial, which resulted in a not guilty verdict The case resulted in a nolle prosequi (prosecution will not be pursued). An order of protection was successfully defended and denied by a court following a hearing If you qualify for an expungement, you will need to file for expungement in the court in which the matter originated. This may be general sessions court or a trial court.
The courts modified the judgment and order that youngest child remain with the mother because there was nothing to suggest the defendant has anything but a fit parent towards the youngest child.
II. Trial Court Ruling. The district court granted the defendant’s motion for summary judgment on the plaintiff’s sexual harassment claim. The plaintiff’s retaliation claim went to trial, but the court excluded evidence regarding the alleged sexual harassment. The court refused to grant the plaintiff a new trial. The appellate court affirmed the district court’s ruling.
To remove a case to federal court, both defendants must file for removal within 30 days of the defendant last served with the summons and complaint. Sally was the last individual served on August 17th. Sally filed a notice of removal with the state court, the federal district court, and Randy as appropriate. However, Randy did not file the notice of removal together with Sally or separately file the notice of removal. The final date Randy can file a notice of removal is September 16th which has not yet passed (I assumed this case is in 2017. If it is a prior year, then Randy has not met the 30-day time period to appropriately file a notice of
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
Senate Bill 76 — the West Virginia Second Chance for Employment Act — would give a person the opportunity to petition a circuit court to have the offense lowered if they can prove 10 years of good behavior. The court will have deciding power over whether to approve the request.
Sentencing is the process by which people who have been found guilty of offending against the criminal law have sanctions imposed upon them in accordance with that particular law. The sentence of the court is the most visible aspect of the criminal justice system’s response to a guilty offender. In Tasmania, the Sentencing Act 1997 was enacted to amend and consolidate the law relating to the sentencing of offenders. The crime rate in Tasmania is lower than it was 10 years ago but higher than it was 20 years ago. In the Australian context, Tasmania is below the national average of recorded crimes for the crimes of robbery, burglary and motor vehicle theft.
were not previously seen, such as hostile or mistrustful attitude towards the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of threat, and estrangement.” Although psychological issues develop in anyone incarcerated, those discussed are particular from the perspective of a victim wrongfully accused.
The root of Felon Disenfranchisement can be traced back to Greek and Roman laws. Where any person convicted of an infamous crime would lose his or her right to participate in police. In Rome they would lose their right to participate in suffrage and to serve in the Roman legions. With the founding of the United States of America, the US Constitution gave the right to establish voting laws to the states. From 1776 - 1821, eleven states included felony disenfranchisement in their laws (Voter Registration Protection Act).
Many cases involving revocation have taken place over the years so I will attempt to outline a few important ones. In the case John v. Superior court the accused youth had committed various crimes while on his probation term. The judge determined that he should maximized Johns probation terms and intensify the conditions. The argument was that the “beyond a reasonable doubt” standard was not utilized. An appellate court determined this to be fatuous and allowed the judge’s ruling to stand.
Criminal Law declares what conduct is illegal and proscribes a penalty. Although, we rely on our court system to administer justice, sometimes the innocent are convicted (Risinger). Most people would not be able to imagine a person who is convicted of a crime as innocent, sometimes that is the case. Imagine what a variance that is: an innocent criminal. In an article by Radley Balko he asks the question, “How many more are innocent?” In his article, he questions America’s 250th DNA exoneration and states that it raises questions about how often we send the wrong person to prison. The other issue that follows is the means of appealing the court’s decision and who they can turn to for help.
From the beginning of the Criminal Justice System, the obsession was with prison and punishment. In the last few years, this focus forced the jail and prison populations to skyrocket higher than any other place in the world. There is never a class we are not reminded there are currently 2.3 million people in United States prisons and jails. The criminal justice system or the correctional system has not changed yet remained its focus on deterrence and isolation not on the proactive ways of dealing with crime.
Today, our country’s correctional facilities are filled with many people, ranging from juveniles, teenagers, adults and the elderly. To get to where they are, these people committed a crime, if not several crimes and are now incarcerated. Incarceration is a process which is meant to “treat” and to “punish” those who have exhibited criminal behavior. However, in order for a criminal to fully recovery, a behavior modification program may be implemented. Ranging from operant techniques to systematic desensitization, individuals who are incarcerated can shape their criminal behavior into law-abiding and socially accepted behaviors.
The article first section is about the people already fortunate enough to be exonerated. This article uses the 250 exonerations that were achieved by January 1, 2010 (as of November 19, 2013 there have been 311 exonerated). This article talks mostly about men since they are 90% of the exonerated are men. Similar to the percentage of the amount of men to women, about 75% of the exonerated are from minorities. The most common way the exonerates achieved their freedom was through DNA testing. Unfortunately not everyone has that avenue to pursue to prove the...
Where the plaintiff was Don Connor and the defendant was Fredrick Connor which were cousins. The suite began because while Mr. Don Connor was in the vehicle with his cousin Fredrick Connor the were pulled over for disturbing the peace. Mr. Fredrick Connor was the person driving and with music loud when a police officer pulled him over and was cited but when Don Connor was license was ran he had a warrant for bank fraud and was arrested. Mr. Fredrick signed the bond papers for his cousin to be released and payments needed to be made by Don but he felt it was not his responsibility to pay the bond payments. So, Mr. Fredrick Connor sued for $1100. Which was the remainder of bond payments that were outstanding. Mrs. Judge Judy heard both sides to the story and ruled in favor of Mr. Fredrick Connor.
Nationally, every 7 minutes, another person enters prison. And every 14 minutes, someone returns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National Criminal Justice Commission)