dozen times for DUI‚ which under New Mexico’s law‚ becomes a felony (punishable by a prison term of more than one year) the fourth (or subsequent) time an individual commits it. (Supp.2007). The sentencing judge consequently found that Begay had at least three prior convictions for a crime “punishable by imprisonment for a term exceeding one year.” 377 F.Supp.2d 1141‚ 1143 (NM 2005). The judge also concluded that Begay’s “three felony DUI convictions involve conduct that presents a serious potential
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CRIMINAL JUSTICE PROCESS Generally speaking‚ the concept of the legal system can often seem very complex‚ confusing‚ and intimidating. However‚ to assist in comprehending the system‚ the state of Kansas has defined a sequence of events in processing criminal cases where each action encompasses a specific function. Whether it is the police officer who investigates the crime‚ the prosecutor who must gather the facts for action‚ the defendant who must obtain a lawyer and prove their case
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The criminal justice wedding cake is a diagram to show the importance of a crime and where it would be categorized. There are four layers on the cake that signify each of the major types of crimes: (1) misdemeanors‚ (2) less serious felonies‚ (3) serious felonies‚ and (4) celebrated cases. Also‚ the size of these layers depends on the importance of the crimes‚ with misdemeanors being the largest and at the bottom and the celebrated cases being at the top and the smallest layer. The bottom and
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inmate entering the facilities as jail time may have been suspended as a condition of a plea bargain. For a guilty defendant‚ the advantages to a plea bargain are clear; either reduced charges or a reduced sentence. Sometimes a plea deal can reduce a felony charge to a misdemeanor‚ but thats only a advantage to the defendant. Many plea deals have resulted in a reduction of sentence for the defendant. One gain in the plea bargain system is the fact that the judge in the case does not have to accept it
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when: (1) Such person‚ who is the primary aggressor‚ intentionally allows a child under the age of 18 to witness the commission of a forcible felony‚ battery‚ or family violence battery; or (2) Such person‚ who is the primary aggressor‚ having knowledge that a child under the age of 18 is present and sees or hears the act‚ commits a forcible felony‚ battery‚ or family violence battery. (e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code
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The Argumentative Research Paper Melissa Walker (an acquaintance of the author) sits within the walls of her concrete cell at Fluvanna Correctional Center for Women (FCCW). Walker is making a contribution to this year’s recidivism rate. She was released from prison in 2008 after serving seven years of confinement. Sadly to say‚ this year she reoffended by stealing credit card information from her “Productive Citizenship” instructor. Her new charges are credit card theft‚ forgery‚ as well as
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It almost seems as if Michael basically committed Copicide. The rule of discretion was followed‚ it seems. The officer followed through at his own discretion instead of calling for backup. Verbal Evidence Block 2 Michael Brown had no most-serious felony convictions or pending cases. Dorian Johnson‚ witness to Michael Brown getting shot‚ has been accused of lying in the past upon several occasions. This makes him to be a bad witness for this case‚ good for the officer’s case though.
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within a prosecutor’s discretion whether to charge 16 and 17-year-olds as adults or juveniles for most felony crimes. Graham’s prosecutor elected to charge Graham as an adult. The charges against Graham were armed burglary with assault or battery‚ a first-degree felony carrying a maximum penalty of life imprisonment without the possibility of parole. And attempted armed-robbery‚ a second-degree felony carrying a maximum penalty of 15 years’ imprisonment.” In Graham v. Florida‚ USA Supreme Court considered
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Craig Boyd had a very interesting dog fighting case. Boyd and two older ladies posed as animal rescuers to obtain dogs they could use to fight. The old ladies would claim that Boyd was a trainer for Pitbull’s who were aggressive and/or out of control and get the families to transfer ownership (Raeke‚ 2009). Once Boyd obtained the dogs he would train them and fight the dogs against each other (Raeke‚ 2009). Boyd was let off easy with almost no penalty until drugs and weapons were involved even though
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Should Felons be Allowed to Vote? About 5.26 million people with a felony conviction are not allowed to vote in elections. Each state has its own laws on disenfranchisement. Nine states in America permanently restrict felons from voting while Vermont and Maine allow felons to vote while in prison. Proponents of felon re-enfranchisement believe felons who have paid their debt to society by completing their sentences should have all of their rights and privileges restored. They argue that efforts
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