|
Witness Immunity
Witness immunity from prosecution occurs when a prosecutor agrees not to prosecute a witness in exchange for testimony or production of other evidence. In the United States, the prosecution may grant immunity in one of two forms. Transactional immunity, colloquially known as "blanket" or "total" immunity, completely protects the witness from future prosecution for crimes related to his or her testimony. Use and derivative use immunity prevents the prosecution only from using the witness's own testimony or any evidence derived from the testimony against the witness. However, if the prosecutor acquires evidence substantiating the crime independently of the witness's testimony, the witness may then be prosecuted. Prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, but at the federal level, use and derivative use immunity is much more common. In the United States, Congress can also grant criminal immunity (at the Federal level ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title 18 Of The United States Code
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, typically referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute. Title 18 consists of five parts. Four of these, Parts I through IV, concern crimes, criminal procedure, prisons and prisoners, and juvenile delinquency, respectively, and were included in the original title when it was enacted in 1948. The fifth part, concerning witness immunity, was not included in the original title but was added in 1970. Part I—Crimes The odd-numbered chapters (i.e. chapters 1 through 117) were all included in the original Title 18. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label that was previously known as Def American * American University, in Washington, D.C. Sports teams ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness Intimidation
Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within Criminal proceedings, criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty faced by prosecutors; witness protection programs were one response to this problem. United States In the United States, the federal crime of witness tampering is defined by statute at , which is entitled "tampering with a witness, victim, or an informant." The statute is broad; the ''Justice Manual'' notes that it "proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings or the communication of information to Federal law enforcement officers" and applies to tampering with witnesses in "proceedings before United States Congress, Congress, executive departments, and administrative agencies, and to civil and criminal judicial proceedings, including grand jury proceedings. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Witness Protection Program
The United States Federal Witness Protection Program (WPP), also known as the Witness Security Program or WITSEC, is a witness protection program codified through 18 U.S. Code § 3521 and administered by the United States Department of Justice. The program is operated by the United States Marshals Service and is designed to protect threatened witnesses and their family members before, during, and after a trial when those witnesses have an association with the federal government. The program was originally authorized by the Organized Crime Control Act of 1970 and later amended by the Comprehensive Crime Control Act of 1984. The amended issues included bail, sentencing reform, pleas for insanity, and penalties for drug offenses. History The WITSEC program was formally established under Title V of the Organized Crime Control Act of 1970, which states that the United States Attorney General may provide for the relocation and protection of a witness or potential witness of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undercover
A cover in foreign, military or police human intelligence or counterintelligence is the ostensible identity and role or position in an infiltrated organization assumed by a covert agent during a covert operation. Official cover In espionage, an official cover operative is one who assumes a position in an organization with diplomatic ties to the government for which the operative works such as an embassy or consulate. This provides the agent with official diplomatic immunity, thus protecting them from the steep punishments normally meted out to captured spies. Upon discovery of an official cover agent's secret hostile role, the host nation often declares the agent ''persona non grata'' and orders them to leave the country. Official cover operatives are granted a set of governmental protections, and if caught in the act of espionage, they can request diplomatic protection from their government. In other words, official cover operatives are agents officially recognized by their c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Turn State's Evidence
A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution.Howard Abadinsky, ''Organized Crime'' (9th ed: Cengage Learning, 2010), p. 368. The testimony of a witness who testifies against co-conspirator(s) may be important evidence. According to a 2008 United Nations Office on Drugs and Crime document, persons who turn state's evidence "are known by a variety of names, including cooperating witnesses, crown witnesses, snitches, witness collaborators, justice collaborators, state witnesses, 'supergrasses', macarons and (Italian for 'those who have repented')." United Kingdom In the United Kingdom and the Commonwealth realms, the term is to turn Queen's or King's evidence, depending on the sex of the reigning monarch. The term "turning approver" or "turn king's approver" was also historically used, especially in Ireland; an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Telephone Tapping
Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on an analog telephone or telegraph line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it. Legal status Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all liberal democracies. In theory, telephone tapping often needs to be authorized by a court, and is again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. Oftentimes, the law and regulations require that the crime investigated must be at least of a certain sever ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proffer Agreement
A proffer is an offer made prior to any formal negotiations. In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument (for example, as used in U.S. law), or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden. For example, in support of a particular argument, a party may proffer documentary evidence or witnesses. Where a party is denied the right to introduce evidence because that evidence would be inflammatory, hearsay, or would lack sufficient authentication, that party must make a proffer of what the evidence would have shown in order to preserve the issue for appeal through a formal procedure, such as an offer of proof. As in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter". Etymology The word ''proffer'' is derived from Anglo-French "por-", forth, and "offrir", to offer. See also *Due process * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargain
A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite the resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide. Plea bargains can take different forms, such as ''charge bargaining'', where a defendant pleads guilty to a lesser offense, or ''sentence bargaining'', where the expected sentence is agreed upon before a guilty plea. In addition, count bargaining involves pleading gu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Immunity
Parliamentary immunity, also known as legislative immunity, is a system in which politicians or other political leaders are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the execution of their official duties. Advocates of parliamentary immunity suggest the doctrine is necessary to keep a check on unauthorised use of power of the judiciary, to maintain judicial accountability, and to promote the health of democratic institutions. Westminster system countries Legislators in countries using the Westminster system, such as the United Kingdom, are protected from civil action and criminal law for slander and libel by parliamentary immunity whilst they are in the House. This protection is part of the privileges afforded the Houses of Parliament under parliamentary privileges. Parliamentary immunity from criminal prosecution is not enjoyed by Members of Parliament under the Westminster system. This lack of criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
