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N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
During that period, judges have cited misconduct by prosecutors as a reason to dismiss charges, reverse convictions, or reduce sentences in 2,012 cases, according to a study by the Center for Public Integrity released in 2003; the researchers looked at 11,452 cases in which misconduct was alleged. [7] A debate persists over the meaning of the term.
The Law Commission also felt that the creation of a new offence would give jurors suspected of misconduct greater due process protections, as contempt was tried according to summary court procedure, whereas the proposed offence would be an indictable offence, and therefore subject to the due process protections of a full jury trial.
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
“When a prosecutor moves to dismiss an indictment without prejudice, ‘there is a strong presumption in favor’ of that course,” she wrote, citing case law from 2011 and 1989. “A court may ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Jan. 12—Defense attorneys for Rust armorer Hannah Gutierrez-Reed have filed a motion asking the court to dismiss a criminal charge accusing her of unlawful carrying of a firearm in a liquor ...