In the United States, a pretrial services report is a document used by a judicial officer, typically a magistrate, in making decisions, e.g., about bail. In 2016, federal officers prepared 88,248 pretrial services reports, 97 percent of which were pre-bail reports. [1] Typically the report must be prepared within a very limited timeframe due to the deadlines for making bail decisions.
To gather information for the report, the officer interviews the defendant. The report will contain defendant case information, such as residence, family ties, employment history, financial resources, health (including mental health and substance abuse histories), and criminal history. The officer then performs a criminal record check, pursues investigative leads, and verifies information which the defendant has provided, such as address, employment, assets, and citizenship. [2]
On the basis of this information, the report will assess the defendant's likelihood of appearing for court and the level of danger he poses to the community. The last section of the report recommends for the release or detention of the defendant. [3]
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.
Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.
Probation and Parole Officers play a role in the criminal justice systems by supervising offenders released from prison or sentenced to non-custodial sanctions such as community service. In some jurisdictions probation and parole officers are involved in presenting reports on offenders and making sentencing recommendation to courts of law.
The Criminal Court of the City of New York is a court of the New York State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.
The U.S. Probation and Pretrial Services System, also called the Office of Probation and Pretrial Services, part of the Administrative Office of the United States Courts, is the office of the federal judiciary of the United States. It serves the United States district courts in all 94 federal judicial districts nationwide and constitutes the community corrections arm of the Federal Judiciary. It administers probation and supervised release under United States federal law.
Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.
A presentence investigation report (PSIR) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. The PSIR has been said to fulfill a number of purposes, including serving as a charging document and exhibit proving criminal conduct, and is said to be akin to a magistrate judge's report and recommendation.
Law enforcement in Niger is the responsibility of the Ministry of Defense though the National Gendarmerie and the Ministry of the Interior through the National Police and the National Guard, a paramilitary police force.
Remand is the process of detaining a person who has been arrested and charged with an offense until their trial. A person who is on remand is held in a prison or detention center, or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and in Europe "preventive detention". Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court. The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.
Human rights in Andorra are generally respected by the government, and the law and the judiciary provided effective means of dealing with individual instances of abuse. However, prolonged pretrial detention and violence against women and children were reported.
Human rights in Austria are generally respected by the government; however, there were problems in some areas. There were some reports of police abuse and use of unjustified force against prisoners. Antisemitic incidents, including physical attacks, name-calling, property damage, and threatening letters, telephone calls, and Internet postings occurred during the year. There was some governmental and societal discrimination against fathers, Muslims and members of unrecognized religious groups, particularly those considered "sects". There were incidents of neo-Nazi activity, rightwing extremism, and xenophobia. Trafficking in women and children for prostitution and labor also remained a problem.
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention.
In United States federal courts, magistrate judges are judges appointed to assist district court judges in the performance of their duties. Magistrate judges are authorized by 28 U.S.C. § 631et seq. The position of "magistrate judge" or "magistrate" also exists in some unrelated state courts.
The history of human rights in Argentina is affected by the Dirty War and its aftermath. The Dirty War, a state-sponsored violence against Argentine citizenry from roughly 1976 to 1983, was carried out primarily by Jorge Rafael Videla's military government, ended years ago, and the human rights situation in Argentina has improved since.
Race is one of the correlates of crime receiving attention in academic studies, government surveys, media coverage, and public concern.
English common law forms the basis of the Bahamas’ judicial system.
Pretrial Services Programs are procedures in the US to prepare cases for trial in court. In most jurisdictions pretrial services programs operate at the county level. Six U.S. States operate and fund pretrial services programs at the state level. The United States federal courts system operates pretrial services in all 94 federal districts.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.
The number of cases opened in the pretrial services system, including pretrial diversion cases, equaled 91,709, a decrease of 3 percent from 2015
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