Federal Criminal Diversion Act of 1977: Hearing Before the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, First Session, on S. 1819 .... |
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administrative head advisory alternative American Bar Association arrest Attorney's Diversionary Program Attorney's Office bill Brooklyn Plan charged client committee committing officer concept CONNICK conviction crime Criminal Diversion Act criminal diversion program criminal justice system criteria decision defendant's defense counsel deferred prosecution Dennis DeConcini discretion dismissal District Attorney District Attorney's Diversionary diversion option diversion project drug eligible Federal criminal diversion Genesee County Goals going guidelines guilty hearing HEWITT individual involved Jersey Judge BROWNSTEIN Judge GOLDSMITH judicial juvenile legislation Leonardis magistrate McPIKE MEISSNER NEELY offense participation person Pima County plea plea bargaining pretrial diversion program Pretrial Intervention Pretrial Services Agency Pretrial Services Officer Probation Department problems procedure prosecutor Public Defender recidivism recommendation record rehabilitation release require restitution San Francisco Senator DECONCINI service plan Speedy Trial Standards statement subcommittee suggest supervision termination Thank tion U.S. attorney United States Attorney victim violation WILLETTS ZALOOM
Popular passages
Page 72 - Commission shall have the power to appoint and fix the compensation of such personnel, as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
Page 73 - For the purpose of carrying out the provisions of this Act, there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the current fiscal year $480,000...
Page 130 - ... Answer YES or NO 8. Do you understand that any decision you make must be made freely and voluntarily on your part? Answer YES or NO 9. Do you understand that you have been accused of violating the law by : Answer YES or NO 10. How old were you at the time this violation is alleged to have occurred? 11. Do you understand that you are presumed to be innocent of this violation of the law until you either plead "Guilty" or are found "Guilty" in a court of law? Answer YES or NO 12. Do you understand...
Page 31 - ... having any relation to the ability of the defendant to intelligently make the plea or understand the consequences" must be made a matter of record. Rule 11 of the Federal Rules of Criminal Procedure provides that the court may refuse to accept a plea of guilty, and "shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge.
Page 96 - An accused should be screened out of the criminal justice system if there is not a reasonable likelihood that the evidence admissible against him would be sufficient to obtain a conviction and sustain it on appeal. In screening on this basis, the prosecutor should consider the value of a conviction in reducing future offenses, as well as the probability of conviction and affirmance of that conviction on appeal. An accused should be screened out of the criminal justice system when the benefits to...
Page 33 - ... Procedures for obtaining informed consent from subject, patients or their relatives. Greater details are presented on the enclosed reprint, Psychotomimetic Agents by John A. Scigliano from the Journal of the American Pharmaceutical Association, January, 1968. I trust that these data will be helpful to you. If I may be of further assistance please let me know. STANLEY F. YOLLES, MD Mr. CARTER. Mr. Chairman, as I stated before, lysergic acid was a component of the drug Sansert, manufactured by...
Page 95 - Accordingly, we hold that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest.
Page 31 - The sixth amendment to the Constitution of the United States provides that "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.
Page 70 - Use of Diversion * Each local jurisdiction, in cooperation with related State agencies, should develop and implement by 1975 formally organized programs of diversion that can be applied in the criminal justice process from the time an illegal act occurs to adjudication; 1. The planning process and the identification of diversion services to be provided should follow generally and be associated with 'total system planning
Page 77 - ... less than one year; 24 per cent were serving sentences of one year to 4.99 years; 74 per cent were serving sentences of five years to life.