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Debora [2.8K]
3 years ago
10

Identify the exceptions to a search warrant when conducting a search for evidence

Law
1 answer:
choli [55]3 years ago
4 0

Answer:they cannot go into locked safes briefcases etc. They can enter locked rooms though and they will.

Explanation:

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What is criminal contempt of court vs civil contempt of court?
Lapatulllka [165]

Answer:

Contempt of court generally refers to conduct that defies, disrespects, or insults the authority or dignity of a court. Often, contempt takes the form of actions that are seen as detrimental to the court's ability to administer justice.

Contempt of Court: Criminal vs. Civil  

Judges typically have much discretion in deciding whom to hold in contempt and the type of contempt. Those held in contempt can include parties to a proceeding, attorneys, witnesses, jurors, people in or around a proceeding, and officers or staff of the court itself. There are two types of contempt of court: criminal contempt of court and civil contempt.

Civil contempt often involves the failure of someone to comply with a court order. Judges use civil contempt sanctions to coerce such a person into complying with a court order the person has violated.

However, if you're charged with criminal contempt of court, the charges are punitive, meaning they serve to deter future acts of contempt by punishing the offender no matter what happens in the underlying proceeding. Someone incarcerated for criminal contempt can't secure their own release by deciding to comply with the court.

Judges use different factors when deciding whether to hold someone in civil or criminal contempt, including the nature of the underlying court proceeding (criminal or civil) and the severity of the contemnor's behavior.

Criminal Contempt of Court Charges

Criminal contempt charges become separate charges from the underlying case. Unlike civil contempt sanctions, criminal contempt charges may live on after resolution of the underlying case.

One charged with criminal contempt generally gets the constitutional rights guaranteed to criminal defendants, including the right to counsel, right to put on a defense, and the right to a jury trial in certain cases. Charges of criminal contempt must be proven beyond a reasonable doubt.

However, incarceration for contempt may begin immediately, before the contempt charge is adjudicated and the sentence decided. Depending on the jurisdiction and the case, the same judge who decided to charge a person with contempt may end up presiding over the contempt proceedings. Criminal contempt can bring punishment including jail time and/or a fine.

Direct and Indirect Contempt

Contempt of court can take place either "directly" or "indirectly."

Direct contempt happens in the presence of the court. For example, someone could commit direct contempt by yelling at the judge in a way that impedes the court's ability to function and brings disrespect on the court.

Indirect contempt occurs outside the presence of the court. Examples include improperly communicating with jurors outside the court, refusing to turn over subpoenaed evidence and refusing to pay court ordered child support. Be aware that not all of these examples illustrate criminal contempt.

Conclusion

Criminal contempt of court refers to behavior which disobeys, offends or disrespects the authority or dignity of a court. It can occur directly, in the presence of the court, or indirectly when it happens outside the presence of the judge. Criminal contempt charges become separate charges from the underlying case. Adjudication of charges and punishment for criminal contempt may continue after resolution the underlying case.

7 0
3 years ago
Who owns the alcoholic beverages of a private club?
NARA [144]
The owner of the club who has obtained a private club registration permit owns the alcoholic beverages of a private club.
6 0
3 years ago
What is arms is voluntary or involuntary​
Drupady [299]
Answer: Voluntary

Explantion:
6 0
3 years ago
Write short note on prohibition​
zmey [24]

Answer:  Prohibition is a law or restriction that has been put in place to counteract something from happening. This is primarily legal in nature, and put into place by legislative power.

Explanation:

5 0
3 years ago
A legal order for an investigation into whether a person who is arrested has been imprisoned legally defines habeas corpus. tria
podryga [215]

Answer:

Habeas corpus.

Explanation:

Judicial power can be defined as the power given to the courts to act and pronounce judgment on a case after making a decision with respect to the parties that brought the case for litigation.

Therefore, when a judge with competent jurisdiction decides on an issue, his or her decision is final and can only be changed (upturned) by another court ruling.

This ultimately implies that, when a judge presiding over a court of competent jurisdiction gives a verdict or judgment on a case, his or her decision is final and can only be upturned by a higher court such as a court of appeal (appellate court) and supreme court.

A legal order for an investigation into whether a person who is arrested has been imprisoned legally defines habeas corpus.

Additionally, habeas corpus ensures protection for an individual from imprisonment without being charged legally with a crime. The individual reports his or her illegal (unlawful) imprisonment or detention to a court in order to regain freedom.

5 0
3 years ago
Read 2 more answers
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