While the basic concept of impaired driving is not hard to grasp‚ that doesn’t mean Illinois drunk driving laws are simple‚ or that charges of driving under the influence (DUI) are so lacking in complexity that just anybody can understand and defend against them. DUI is defined in Illinois as operating a motor vehicle while impaired by alcohol or drugs‚ including medically prescribed marijuana. Since mid-July 1997‚ Illinois has used a blood alcohol content (BAC) level of 0.08 percent or above as
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innocent‚ corroborate a victim’s testimony‚ and assist in establishing the facts of what occurred (McEwen). Although evidence plays a significant role in prosecutions‚ there are still many cases involving misuse of evidence‚ which results in the conviction of an innocent person. In the case of “Trial by Fire‚” due to the misuse of evidence by the fire investigators‚ the State of Texas wrongfully executed Cameron Todd Willingham who was convicted of murdering
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that’s why it’s said that jeopardy attaches‚ or may be asserted by the defendant‚ once a jury has been sworn in‚ or the first witness takes the stand‚ in any original prosecution resulting in any acquittal or conviction. Jeopardy also attaches to any plea of guilty (treated the same as conviction) even if later withdrawn. Jeopardy does not attach to any proceedings resulting in nolle prosequi‚ mistrial‚ hung jury‚ or termination for any other "legally
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March 3‚ 2013 Wrongful convictions. | How the use of DNA can exonerate those wrongfully convicted. Imagine wasting years of your life in a jail cell on death row‚ for a crime you did not commit. You have to ask yourself “how could this happen? How did an innocent person get convicted if indeed they are innocent?” Those are just a few questions you think of when you think of wrongful convictions. Some questions can be answered by the common causes of wrongful convictions‚ such as‚ eyewitness misidentifications
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shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction‚” the law itself is not at all that encompassing‚ plain and unambiguous such that there would be no further room for construction or interpretation. On the contrary‚ the provisions of the Probation Law do not address a situation wherein resort to probation is not obtainable at the time of the conviction by the trial court in view of the sentence imposed‚ thereby making appeal the only remedy available
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another way in which wrongful convictions may be mete out. However‚ if a person is truly innocent‚ what would be so strong so as to compel them to plead guilty? One logical answer is that when the potential to be convicted of a crime exists and carries a mandatory sentence with it‚ it may be better to plead to a lesser crime‚ which may carry a lower sentence and allow for a conditional sentence. Stat on number of wrongful convictions. Even a single wrongful conviction is a travesty and injustice to
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independent eternal uncaused cause of all the rest of existence? It is my thoughtful and rational conviction that such a being‚ commonly called God‚ does exist in reality and that all the rest of reality is dependent on this being for existence. I therefore would say I believe in God. Now having the conviction that God exists is clearly a controversial position. Even as having the conviction that God does not exists is a controversial position. Human beings find this a critical part of their
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Simon is charged with the burglary of an antiques shop. He has three previous convictions of Theft. He has previously complied with bail conditions. He lives locally with his wife and three children but plans to move to Spain. Explain what factors are likely to be considered when making a decision whether or not to grant bail to Simon and what conditions may be imposed. Nature and seriousness of offence: Theft/ burglary is considered a triable either way offence meaning it can either be tried in
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associated with a conviction for DUI and the cost per fatality‚ along with others. Individuals who are charged with and convicted of driving under the influence face numerous penalties‚ even those for whom it is a first offense. For this reason‚ anyone arrested for this crime need to speak to
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state criminal statutes‚ armed robbery and car-jacking The defendant /appellant appealed his conviction to the Third District Court of appeals in Florida on the basis that a conviction of armed robbery and carjacking under the same factual predicate amounted a violation of the double jeopardy clause of the United States Constitution. The Cruller appellate court held that the defendant ’s conviction of both offenses did not constitute double jeopardy‚ a holding that was inapposite to the holding
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