Post-conviction relief is a general term that relates to actions post-trial and the verdict has been rendered. It may include such things as appeals of criminal convictions, requests for release, new trial, modification of sentence, and other actions that may be proper.
If the schizophrenic person was sent to prison and it was determined that the person belonged in a mental hospital instead and had belonged in a mental hospital at the time the crime was committed, then post conviction relief exists through the court system. If it is too late to use the court system, then post conviction relief exists through the pardon system.
Yes, Louisiana does have a provision for Post Conviction Relief (PCR). It can be found in the Louisiana Code of Criminal Procedure Article 930.
The question is much too broad and covers too wide a topic in order to give a generallized answer.
To "post bond" means to provide funds or assets as a guarantee of appearance in court for someone who has been arrested. The bond serves as a promise that the individual will appear for legal proceedings, and if they fail to do so, they forfeit the bond money.
You may have to contact your local district attorney for this one. Different states have different "post-conviction relief" statutes where you may petition to have your sentence changed after imposed. Many judges will not change their sentencing once imposed because even if they want to, they really have no legal path to do so unless you first petition for post-conviction remedies. Post-conviction relief is usually relegated to just a very few specific grounds such as unconstitutionality of the sentence, factual innocence, or newly acquired evidence such as DNA. If the reverse happens, however, where a judge tries to increase your your sentence after a plea bargain for example, you may have no remedy other then a Federal Habeas Corpus (i.e. you must make it a federal case to make the judge abide by his own order).
Exactly what it says: You have the RIGHT TO APPLY for relief from whatever your verdict was, and/or to set aside your judgment of guilty. Note that it is a "right" TO APPLY only, and there is no guarantee as to the outcome of your appeal.
No. Georgia only allows expungements to remove arrest records, in the event that there was no conviction. Georgia has a pardon procedure available post conviction. It does not remove the conviction from your record.
Inferior courts generally are all courts below the Supreme Court. Judges may be elected or appointed, and when they are elected, they are elected by the voters of the district in question.
define punishment philosophy and how it can affect the criminal justice post-conviction process
Through the establishment and proceedings of a truth and reconciliation commission
Yes, unless you've given up your right of appeal as part of the terms of a plea bargain or for another reason, the defendant can appeal or file for post-conviction relief. In order to appeal, the defendant (appellant) must be able to demonstrate that a serious legal error was made at the trial level, and/or that the evidence didn't support the conviction, and/or that a relevant law is unconstitutional as written or as applied. Most criminal appeals are brought on the basis of a plain error.
Yes, one place I found free resources isSee the below site:However I don't think it has all records, it is more a find and post siteAnother View: It is highly doubtful that you will find this information available anywhere on line. The DMV and/or court files of most states are so huge and constantly changing that they are, for all intents and purposes, impossible to constantly post, maintain, and update on-line. Besides, although the records of court proceedings are considered publicly accessible records, the information contained in DMV files is not due to the personal nature of the information contained within them (e.g.: home addresses - ages and sex - SSN numbers, etc).