Share Tweet Plus One Pin It Email Print By: NAMIT SAXENA October 9, 2018 4:12 pm Change Font Size At the pre-conviction stage i.e., during trial, an accused moves a bail petition u/s 439 CrPC before the Sessions Court or the High Court or u/s 437, as the case may be. Once she is convicted post-trial in a non-bailable offence and the sentence awarded is more than 3 years, the accused seeks suspension of the execution of sentence during the pendency of the appeal u/s 389 CrPC. It is, therefore, important to bear in mind that while Section 439 is at the pre-conviction stage, Section 389 is at the post-conviction stage. If anyone is aggrieved by the grant of bail to the accused at the pre-conviction stage, she has two remedies. One, if there is a breach of bail conditions imposed upon the accused or subsequent events compel her to bring them to the court’s notice, she may file an application u/s 439(2) seeking cancellation of bail. Interestingly, Section 439(2) … [Read more...] about Can Appellate Court Cancel Suspension Of Sentence On Application By Anyone Apart From Public Prosecutor?
Sentence for emerge
By Judge D. Brock Hornby Criminal trials have virtually disappeared in many federal courtrooms. According to a U.S. Sentencing Commission report released last month, “In recent years, 97 percent of federal defendants convicted of a felony or Class A misdemeanor offense are adjudicated guilty based on a guilty plea rather than on a verdict at a trial.” But sentencing seemed to remain visible. In open court, federal judges traditionally explained to victims, the defendant and the community the sentences they imposed. Now, sentencing’s openness is in jeopardy, in my personal opinion, as federal prosecutors and defense counsels seek to conceal or disguise defendants’ cooperation with prosecutors or law enforcement, and how that cooperation drives their sentences lower. Why? Because, they say, defendants known or believed to have cooperated face violence in federal prison. Cooperation affects a remarkable number of federal sentences. For fiscal 2017, the U.S. … [Read more...] about Can federal sentencing remain transparent? (part 1)
POLITICS 12/24/2018 05:45 am ET How disability rights advocates want to change the landscape of disaster response. By Jenavieve Hatch Several of the 88 people killed in the Camp fire that devastated Butte County, California, in November had disabilities. Their deaths were only the latest example of a tragic reality: When disaster strikes, people with disabilities are disproportionately affected. There are no statistics that show how many disabled people in the U.S. say they could easily evacuate in an emergency, but around the world, just 20 percent of disabled people say they would be able to do so. And only 31 percent said they would have someone to help them in an emergency, according to a 2013 United Nations global survey. Surviving a disaster is a complicated process for disabled people, with barriers every step of the way. For visually and hearing impaired people, even being alerted to an emergency isn’t as simple as it is for everyone else. For … [Read more...] about In Natural Disasters, A Disability Can Be A Death Sentence
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Share Tweet Email Politics Share: Share Tweet Email EMBED <> More Videos <iframe width="476" height="267" src="https://abc13.com/video/embed/?pid=4244759" frameborder="0" allowfullscreen></iframe> Former Trump campaign chairman Paul Manafort has pleaded guilty to two federal charges as part of a cooperation deal with prosecutors. Share: Share Tweet Email AP ALEXANDRIA, Virginia -- Former Trump campaign chairman Paul Manafort has been sentenced to 47 months in prison on tax and band fraud charges. U.S. District Judge T.S. Ellis III in the Eastern District of Virginia handed down the sentence. Guidelines had called for up to 25 years, but Ellis said that was excessive. Thursday's decision was the first of two sentencing hearings Manafort faces. He has another scheduled in Washington D.C. on March 13, where he could face up to 10 years. Last year, a jury in U.S. District Court in Alexandria, … [Read more...] about Ex-Trump campaign chair Paul Manafort sentenced to 47 months in tax fraud case