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Restitution can take the form of a personal or a proprietary remedy. Where a personal remedy is awarded, the defendant is ordered to pay the money value of the benefit received. This personal money award is the typical form of restitution ordered.
A federal court, in determining whether to impose a term of probation and the length of the term and the conditions of the probation, is required to consider, to the extent these factors are applicable: the nature and circumstances of the offense and the history and characteristics of the defendant; the need for the sentence imposed to reflect ...
A Warrant of Restitution is a court order [1] which empowers a property owner to use court bailiffs to enforce a possession order which was gained previously. [2]A common use of such a warrant is for a landlord to remove tenants which have re-entered the property after eviction. [3]
Short (1971) – The Supreme Court ruled that states could not automatically convert a fine into a sentence of incarceration based on indigence, and could only incarcerate for willful failure to pay on the part of those who had the means to do so. [2]: 21 [11] Fuller v. Oregon (1974) – Although the Supreme Court ruled 11 years prior in Gideon v.
Alternatively, it may be "with instructions" specifying, for example, that the lower court must use a different legal standard when considering facts already entered at trial. A partial remand occurs when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase of the trial. Finally, it may remand ...
(The Center Square) – Ahead of the state legislature convening in January, Gov. Greg Abbott issued four executive orders to safeguard Texas from espionage threats posed by the People’s ...
The order directs the Texas Department of Public Safety to target and arrest anyone implementing CCP influence operations like “Operation Fox Hunt,” an initiative of the PRC to forcibly return ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...