The Attorney General's Survey of Release Procedures ...: Digest of federal and state laws on release procedures |
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Page 74
As already indicated all convicted per- sons are eligible to pardon , except upon impeachment . Per- sons convicted of treason can be pardoned only by the leg- islature . Persons sentenced to death are eligible to pardon , subject only ...
As already indicated all convicted per- sons are eligible to pardon , except upon impeachment . Per- sons convicted of treason can be pardoned only by the leg- islature . Persons sentenced to death are eligible to pardon , subject only ...
Page 75
Exceptions to this rule may be made where there is prima facie evidence of innocence or of a lesser degree of guilt than that for which the prisoner was convicted.13 No application for executive clemency is to be considered by the board ...
Exceptions to this rule may be made where there is prima facie evidence of innocence or of a lesser degree of guilt than that for which the prisoner was convicted.13 No application for executive clemency is to be considered by the board ...
Page 123
Furthermore , pro- bation may not be granted to a defendant who used or at- tempted to use a deadly weapon in connection with the perpetration of the crime 74 of which he was convicted , nor to one who in the prepetration of the crime ...
Furthermore , pro- bation may not be granted to a defendant who used or at- tempted to use a deadly weapon in connection with the perpetration of the crime 74 of which he was convicted , nor to one who in the prepetration of the crime ...
Page 124
A person , therefore , who is convicted of involuntary manslaughter cannot be denied probation as a matter of law . " Probation may properly be denied to one convicted of second - degree murder in a case involving abortion accompanied ...
A person , therefore , who is convicted of involuntary manslaughter cannot be denied probation as a matter of law . " Probation may properly be denied to one convicted of second - degree murder in a case involving abortion accompanied ...
Page 137
Where the defendant was convicted and placed on probation before the amendment of 1927 and his case was dismissed after ... Conviction within the meaning of this statute means the legal proceeding of record which ascertains the guilt of ...
Where the defendant was convicted and placed on probation before the amendment of 1927 and his case was dismissed after ... Conviction within the meaning of this statute means the legal proceeding of record which ascertains the guilt of ...
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additional administration allowed amended appear application appointed approval arrest assistant attorney authorized board of parole charge clemency commission commissioner committed conduct considered constitution convicted correction court credits crime criminal deductions defendant determine directed director discharge district division duties effect eligible employment execution expiration fact felony filed final fixed given good-time Governor granted hearing held imposed imprisonment inmate institution judge judgment less limited matter maximum meeting minimum term month N. Y. Supp notice offense original pardon parole board parole officer penal penitentiary period person practice present prior prisoner probation officer probationer Procedure punishment reason receive recommendation record reformatory release remain restored returned revocation revoked rules sentence served Stat statute superintendent supervision suspend term tion trial violation warden welfare
Popular passages
Page 470 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Page 642 - A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison.
Page 63 - He shall annually communicate to the legislature each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon, or reprieve, with his reasons for granting the same.
Page 677 - Upon conviction for treason, he may suspend the execution of the sentence, until the case shall be reported to the legislature at its next session, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Page 24 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 233 - Any prisoner who shall have served the term or terms for which he shall hereafter be sentenced, less deductions allowed therefrom for good conduct, shall upon release be treated as if released on parole and shall be subject to all provisions of law relating to the parole of United States prisoners until the expiration of the maximum term or terms specified in his sentence : Provided, That this section shall not operate to prevent delivery of a prisoner to the authorities of any State otherwise entitled...
Page 696 - Governor shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve.
Page 717 - THE power of pardoning offences, except such as persons may be convicted of before the Senate by an impeachment of the House, shall be in the Governor, by and with the advice of Council: But no charter of pardon, granted by the Governor, with advice of the Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence, or offences intended to be pardoned.
Page 690 - The s,aid board of managers shall also have power to establish rules and regulations under which prisoners within the reformatory may be allowed to go upon parole outside of the reformatory buildings and enclosure, but to remain while on parole in the legal custody and under the control of the board of managers and subject at any time to be taken back within the enclosure of said reformatory...
Page 590 - A person who has been convicted of a crime or misdemeanor is. notwithstanding, a competent witness in a civil or criminal action or special proceeding: but the conviction may be proved, for the purpose of affecting the weight of his testimony...
Bibliographic information
| Title | The Attorney General's Survey of Release Procedures ...: Digest of federal and state laws on release procedures Volume 1 of The Attorney General's Survey of Release Procedures, United States. Department of Justice The Attorney General's Survey of Release Procedures: Digest of Federal and State Laws on Release Procedures, United States. Dept. of Justice |
| Author | United States. Department of Justice |
| Editor | Wayne Lyman Morse |
| Publisher | U.S. Government Printing Office, 1939 |
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