Monthly Archives: November 2022

The court ruled that he could not be held personally liable for his wife`s debts. = the state must be legally responsible for something The master is responsible for the safety of the ship. The “responsible person” penalty will be imposed in accordance with 26 U.S.C. S 6672: Any person who is obliged to collect, honestly account for and pay any tax imposed by this title who wilfully fails to collect such taxes or to account honestly and pays such taxes. To have to. be subject to a penalty equal to the total amount of the tax. not cashed or unaccounted for and transferred. The IRS can only recover a penalty under section 6672 if it demonstrates that the person (1) was a “responsible person” and (2) acted intentionally by failing to collect or pay the withheld taxes. Davis v. United States, 961 F.2d 867, 869-70 (9th Cir. 1992).

A person is responsible for paying taxes on trust funds under the section 6672 penalty if they have had the “final say on which bills should or should not be paid.” Maggy v. United States, 560 F.2d 1372, 1374 (9th Cir. 1977). The “last word” “does not mean `final`, but “the authority necessary to exercise significant control over the financial affairs of the corporation, whether or not [the person] exercises that control.” United States v. Jones, 33 F.3d 1137, 1139 (9th Cir. 1994) = being accountable for your decisions and actions and expecting you to explain them when asked, formally accountable to the public (so the focus is on the position you have and the duties associated with it, very similar to “reporting to someone”) Every effort will be made to bring those responsible to justice. You are responsible for the design of the entire project. The tenant is responsible for all repairs to the building. Responsible or obligated adj.

Thus, a natural or legal person may be held liable for damage caused by negligence, be liable to pay a debt, be required to perform an act ordered by him or be punished for committing a criminal offence. Failure to comply with responsibility or obligation opens the door to prosecution, and the commission of a crime may result in criminal prosecution. To say that a person is “responsible” means that he is able to pay an amount for which he is or could become responsible, or to fulfill an obligation to which he may be subject. Farley v. Day. 20 N. H. 531; Menschen v.

Kent, 100,111. 655, 43 N. E. 700; Com. v. Mitchell. 82 p. 349. The promise to be “responsible” for someone else`s contract is more of a guarantee than a guarantee. Bickel v. Auner, 9 Phila.

(Pa.) 499. = the amount of money a person or company owes, debts = being legally responsible for something, paying the cost of something (so the focus is on the idea that you might have to pay for something that was done because of you). NOTE: We never say “legally responsible”. Responsible, responsible, accountable, modifiable, accountable means being held responsible. Responsible means having a certain function, duty or trust. The tax collection office proposes a relationship between a person who has a moral or legal obligation and a court or other authority responsible for monitoring their compliance. An intelligence agency accountable to Congress suggests retaliation for missed trust or failed obligations is imminent. Elected officials are accountable to the electorate and required to emphasize that, under certain conditions, they are subject to scrutiny, censorship or control by a designated authority. Laws are subject to judicial review and are not responsible for the ex-spouse`s debts The terms have different meanings in legal English and cannot always be used interchangeably. See also Alsheskie v. United States, 31 F.3d 837, 839 (9th Cir. 1994).

A person who does everything in his power to pay taxes, and whose efforts are challenged by those who have more control, is not a “responsible person.” = have a job or duty to do something and explain your actions to someone in a senior position There is a need to increase professional responsibility. The Executive Director took full responsibility for the consequences of her actions. Responsible Anglo-French, according to the answers to see the answer The financial obligations declared on the balance sheet of a company are called liabilities. Individual shareholders have limited liability for the company`s debts up to the value of their shares in the company. The directors of a corporation are accountable to the shareholders. The insurance company has admitted liability, but the amount of damages has not yet been agreed. We have a moral responsibility to help these countries. of justice. It is their responsibility to ensure that the rules are enforced. The terror group claimed responsibility for the prime minister`s assassination. We must ensure that the decisions made are held accountable.

The defendants were held jointly and severally liable. = a requirement to process something because of your job or position, so you can be blamed if something goes wrong While you study the examples, please note the collocations (or types of sentences) in which these words typically appear. The employer was held liable for its employee`s actions.

Classifying urban areas by population density is fine, but what about industrial areas, don`t they count as urban areas? In addition, the built-up area per capita is closely linked to a country`s income and will distort the share of the population in cities and rural areas. To show this, we defined cities as cells of 250 by 250 meters that are built at least 50%, and rural areas as cells built at less than 25%. These thresholds are used in several built-up area definitions for urban and rural areas. The application of the degree of urbanization to the GHS-POP global population network results in an estimated share of the rural population in 2015 at 24%, which is significantly lower than the 46% based on national definitions (Figure 4). The main reason for this difference is that 12 large countries classify cities as rural areas. China and India account for half of the difference in the rural population. China`s definition makes it clear that cities and small towns are not considered urban because they use a threshold of 100,000 inhabitants for urban areas. India uses a threshold of 5,000 inhabitants but combines it with other criteria, so most cities are classified as rural. 10 other countries account for 30% of this difference: Bangladesh, Democratic Republic of Congo, Egypt, Ethiopia, Indonesia, Nigeria, Pakistan, Sudan, Uganda and Vietnam.

In short, 12 countries account for three-quarters of the difference in rural population shares. Thirty-seven countries have a national definition of urban area that includes a maximum share of employment in agriculture. These countries are mainly located in Africa and Asia. However, the share of employment in agriculture varies considerably from country to country and according to level of development. In high-income countries, it is 3 percent compared to 63 percent in low-income countries (Chart 5). The inclusion of such a criterion in a comprehensive definition would lead to entire countries becoming rural or urban, which would constitute a barrier to comparison. In addition, this share is rapidly decreasing. In 2000, agriculture accounted for 40 per cent of world employment.

By 2018, it had fallen to 28%. Therefore, the inclusion of this criterion would also reduce comparability over time. Some scientists have argued for the use of relative thresholds to define urban and rural areas. This could mean, for example, identifying the 10 most urbanized areas of a country. However, a comprehensive definition should ensure a high degree of spatial and temporal comparability. Comparing the 10 most urbanized areas of one country with the 10 most urbanized areas of another country does not guarantee that these areas have the same degree of urbanization. The degree of urbanization in the world is increasing, but a relative threshold cannot account for it either. As a result, relative thresholds do not allow for good comparability across space and time. Thank you very much for the very informative blog and the exciting arguments. I found the proposed methodology simple and attractive, but in order for it to be accepted more widely, I believe that we also need to ensure its relevance from the point of view of national decision-makers.

In Egypt, for example, according to the proposed methodology, most desert settlements declared as cities are reclassified into villages. It would be correct if we neglected the role that these settlements play in relation to the surrounding settlements, which depend on them for the provision of essential urban services – such as secondary schools or general or specialist hospitals. The inclusion of a criterion that takes into account the “urban area” may be relevant. Institutions could be called cities or municipalities if they are the only urban service providers to their neighbouring municipalities within a 15 or 30 km radius, even if they are not eligible for the proposed population and density measures. I welcome this new approach with great interest. In fact, its simplicity is its strength. Population and density are concepts that can be understood and used worldwide. As you make clear, this increases transparency and allows for a much more effective international monitoring process. However, what we gain on one side, we lose on the other.

Abogado.com The #1 Spanish Legal Site for Consumers At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. Are you a lawyer? Visit our professional website » adj. means money deposited in the court office by a person or organization who knows that the money is owed, but does not know to whom to pay it until the outcome of a dispute between two other parties is resolved. In short, the party handing over the money says, “Here`s the money. You both argue about it, but spare me the trouble and expense of the costume. Example: A contractor buys supplies from a hardware store on credit. The store is owned by two people who have dissolved their partnership and are arguing over who owns the claims, including the amounts owed by the contractor. The entrepreneur knows that he owes money for his deliveries, wants to meet his obligations and wants to get rid of debt. The contractor therefore gives what he thinks he owes to the hardware store to hold in court, while the two former partners settle their disputes. In the field of investment, some types of funds include: The FindLaw legal dictionary – free access to more than 8260 definitions of legal terms.

Search for a definition or browse our legal glossaries. Examples of funds commonly used for personal businesses include: LawInfo.com Nationwide Bar Directory and Legal Consumer Resources Individual and institutional investors can also invest money in various types of funds to make money. Examples include mutual funds, which raise funds from many investors and invest in a diversified portfolio of assets, and hedge funds, which invest the wealth of high net worth individuals (HNWIs) and institutions in a way that pays above the market. Governments use funds such as special revenue funds to pay for certain public expenditures. Individuals, businesses, and governments all use the money to put money aside. Individuals can create an emergency fund – also called a rainy day fund – to pay for unexpected expenses, or a trust fund to set aside money for a specific person. FindLaw.com Free and reliable legal information for consumers and legal professionals The term public funds is a colloquial term for the revenues of a government, state or local authority. The government also creates funds that are allocated for a variety of reasons. Some government resources include: A general term for any amount of money that is set aside for a specific purpose or that is accessible to pay off debts or claims. n.

mixing the funds of one party with those of another party or, more importantly, with funds held in trust for another party. Spouses or business partners can easily mix, except that one spouse may risk converting separate property into joint property (transmutation) and one business partner is liable to the other. However, trustees, guardians or lawyers who hold client funds should be careful not to mix these funds with their own, as mixing as a conflict of interest is generally prohibited. The use of blended agents for an investment, while potentially benefiting both the trustee and the beneficiary, remains inappropriate. Accidental or temporary mixing (for example, after receiving a settlement cheque in which the client and lawyer have an interest) requires immediate separation of funds and accounting for the client or beneficiary. To avoid mixing, trustees, lawyers, guardians and those responsible for someone else`s funds create escrow accounts for someone else`s funds. Copyright © 2022, Thomson Reuters. All rights reserved. TermsPrivacy PolicyDisclaimerCookiesDon`t sell my information SuperLawyers.com Directory of U.S.

Attorneys with exclusive Super Lawyers note Source: Merriam-Webster`s Dictionary of Law ©1996. Licensed with Merriam-Webster, Incorporated. A fund is a reserve of money allocated for a specific purpose. A fund can be set up for many different purposes: a municipal government that provides money to build a new civic center, a college that sets aside money to award a scholarship, or an insurance company that sets aside money to pay its clients` claims.

Research and development of Community research in the field of AI and law should be pursued vigorously for several reasons. Community research can complement rules-based expert systems and improve their ability to think about legal predicates, solve problems effectively and explain their results. Community research can also contribute to the development of intelligent legal data retrieval systems and improve legal document creation programmes. Finally, in cognitive studies of various fields, it can model methods to transform poorly structured problems into better structured problems through case comparisons. On the negative side, critics argue that CBR`s main premise is based on anecdotal evidence and that matching items from one case to another can be complex and potentially lead to inaccuracies. However, recent work has improved the CBR through the use of a statistical framework. This makes it possible to make case-based predictions with a higher level of confidence. In everyday life, an auto mechanic who repairs an engine by recalling another car that had similar symptoms uses case-based reasoning. A lawyer advocating a particular outcome in a precedent-based trial, or a judge creating jurisprudence, uses case-based reasoning.

Even an engineer who copies functional elements of nature (practices biomimicry) treats nature as a problem-solving database. Case-based thinking is an important type of analogy solution. The first CBR legal model to deal with all these problems was incorporated into HYPO (Rissland and Ashley 1987, Ashley 1990), a computer program for analyzing cases and constructing legal arguments in the field of trade secrets. In the HYPO, legally relevant features, called dimensions, are used to index and retrieve cases. HYPO`s legal expertise includes, for each characteristic, which party to a dispute would benefit if the feature had certain values (e.g. a real value for predicates or a higher value for numerical features) and how the value of the characteristic relates to the underlying facts of a case. In the field of trade secrets, for example, such a characteristic is common knowledge, indicating that the alleged secret information is common knowledge in the industry. If a new case is submitted to the HYPO, the characteristics applicable to the new case are calculated. Next, HYPO constructs a “claims grid” – a similarity network that has the new case as the root node, and the previous cases that share a maximum set of characteristic values with the new case as immediate successors. These immediate successors are considered the most accurate cases.

Hammond, K. J. 1986. HEAD: A case-based planning model. In Proceedings AAAI-86, 267–271.Philadelphia: American Association for Artificial Intelligence. In CBR`s recent research on artificial intelligence (AI), five paradigmatic approaches have emerged: statistically oriented, model-based, planning/design-oriented, example-based, and adversarial or precedent-based. Paradigms differ in the assumptions they make about domain models, the extent to which they support the comparison of symbolic cases, and the types of reasoning for which they use cases. Case-based reasoning (CBR) is an experience-based approach to solving new problems by adapting previously successful solutions to similar problems. CBR deals with memory, learning, planning and problem solving, providing a foundation for a new technology of intelligent computer systems that can solve problems and adapt to new situations. In RCC, the “smart” reuse of knowledge from problems or cases that have already been solved is based on the premise that the more similar two problems are, the more similar their solutions will be. Subsequent research expanded the use of HYPO-style CBR in several ways.

In the GREBE system (Branting 1991), a ratio decidendi presentation of cases was used to identify those parts of the stocks of a previous case that were relevant to a new case, even if other parts of the previous case were not applicable. Cranning`s model addressed a well-known weakness of the purely characteristic-based approach to RCC: the inability to present the reasoning that relates characteristics to the outcomes of a case.

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12-36. Legal assistance shall be provided at the CSSA headquarters, the CST headquarters, the headquarters and rear posts of the divisions and corps of the Army of Excellence, as well as at the main command posts of the divisions of the XXI Force and, as appropriate, brigades or lower ranks. While each troop-contributing country is responsible for providing legal assistance to its personnel, some legal assistance may be required at joint or multinational headquarters. 12-2. Command and staff functions include advising commanders, staffs and soldiers on the legal aspects of command, command discipline, use of force and the laws of war. Examples of the command and control responsibility of counsel for judges include: 12-1. Legal support to operations includes all legal services provided by judges and other legal personnel to support units, commanders and soldiers in an area of operations (AO) and across the operational spectrum. Legal support to operations is divided into three functional areas: command and control, maintenance and personnel support (referred to as support). 12-13. Military justice services are usually centralized to allow for timely and efficient delivery; However, military justice advice is provided at all levels of command. Normally, the Army Military Component Command (ASCC), Corps, Division or other headquarters commanded by a general court martial authority administers courts martial. Joint Force Commanders (JFCs) and Army brigade and battalion commanders also have the authority to convene courts martial and may require assistance in conducting courts martial.

A military tribunal lawyer is required for General Court Martial authorities, including JFCs with general jurisdiction in court martial, subordinate commanders, and the U.S. element of a multinational organization. 12-7. AJS typically provide OPLAW support in each brigade headquarters (Principal Command Post [PC]) and in each key operational cell at each senior command level (tactical PC, main PC, rear PC, G3 plans, operations G3, information operations cell and target cell). OPLAW supports all joint and multinational headquarters. Some missions also require OPLAW support at the battalion level or in specialized units or operational cells. This is increasingly the case in peace missions and disaster relief. 12-38. The JAGC requires a specialized information system to provide appropriate legal services at all levels of management. This is the Legal Automation Army-Wide System (LAAWS).

LAAWS integrates legal information and services into a network that projects legal services down to the battalion level and enables the exchange of appropriate legal work results. LAAWS provides standardized software throughout the JAGC and includes modules and databases for all core legal disciplines. LAAWS programs process, transmit, receive, and display essential information. The legal references compiled by LAAWS are available on compact disc and through databases on the JAGC Information Network (JAGC Net at www.jagcnet.army.mil), a working group consisting of more than 70 computer servers and thousands of customers worldwide. SJA sections, military judges and defense attorneys use LAAWS and the JAGC network, which are critical to the accuracy and responsiveness of operational legal services. Judge advocates must also have access to databases and classified information through the Secret Internet Protocol Router Network (SIPRNET). 12-20. Administrative assistance is generally provided at brigade headquarters, the main and rear command posts of the divisions and corps of the army of excellence, the rear command posts of the divisions of Force XXI, the headquarters of COSCOM and the upper headquarters of the army, joint and multinational.

Because of the multitude of problems they face, administrative law lawyers in particular must be able to conduct specific research and technical legal texts. 12-41. Modern theatrical operations often take place in a fluid, chaotic and deadly environment where mobility is limited. Legal advice is urgent and often essential, impacting C2 and support operations. Legal staff must have access to tactical networks that provide situational awareness. The Conference of the Parties shall enable legal personnel to apply their professional training to identify potential legal problems and to take proactive, timely and effective measures to eliminate or minimize the impact of such legal issues on the accomplishment of the mission. Avoiding legal problems is always preferable to solving legal problems. This is the most effective method and directly contributes to the combat effectiveness of the organization.

Antonette Payne Assistant Professor/PC apayne142@ivytech.edu Andrew Criswell, MSCJ Program Chair (574) 289-7001 ext. 5363 acriswell14@ivytech.edu Antonette Payne Program Chair 260-482-9171 ext. 2521 apayne142@ivytech.edu Contact: Lara O`Dell Location: IFC 509 Telephone: (317) 921-4443 lodell3@ivytech.edu interested in studying law? Paralegal studies are the perfect place to start. Get a taste of the legal world with this eleven-course program. William Bart McQuitty Department Chair 317-916-6313 wmcquitty@ivytech.edu The full paralegal studies program is available at nine different locations, including South Bend and Muncie. Students take 11 paralegal studies courses worth 32 credits, including a graduate stone for paralegal studies. Other required courses include litigation, contracts and commercial law, introduction to paralegal studies, legal writing I and II, and technology and practice administration. Ivy Tech Community College requires majors to also take nine paralegal elective courses. You can choose from courses such as bankruptcy law, constitutional law, evidence law, family law and criminal law, as well as criminal law and procedure.

You can also do an internship or internship instead of an elective course. Veronica Leon Lake County Campus Academic Advisory Center (Arts & Science Building, Gary) vleon@ivytech.edu (219) 981-1111 ext. 4361 Dr. Lacie Couzin, RN, lcouzin@ivytech.edu Dean School of Public and Social Services Telephone: (812) 248-4913 Jeff T. Shafer, Division Director, Social Services and Criminal Justice Ivy Tech Community College Richmond Campus 2357 Richmond Blvd. Chester Richmond IN 47374-1298 765-966-2656, ext. 1115 Jshafer40@ivytech.edu^Ivy Tech cannot guarantee that a student will pass a certification or licensing exam. Our compulsory courses are designed to help you understand the material enough to provide a solid foundation for your studies as you prepare for the exam. Certifications are subject to change without notice. Our graduates currently work in the court system, in private law firms as paralegals or paralegals.

Many of our graduates work as clerks or in corporate and corporate legal departments. Some of our graduates have even chosen to move on to four-year institutions to earn a bachelor`s degree and then go on to law school. LAWRENCEBURG & BATESVILLE 50 Walnut Street Lawrenceburg, IN 47025 Kathy Watkins kwatkins@ivytech.edu (812) 537-4010 ext. 5312 Dr. Ron Oler Program Chair Office Administration, Supply Chain Management and Logistics, Paralegal Studies and Criminal Justice Telephone: (765) 966-2656 ext. 1127 Dr. Anne Marie Gillespie Dean of the School of Public Affairs and Social Services agillespie29@ivytech.edu 765-643-7133, ext. 2047 Ivy Tech applied for accreditation, because it wanted to show students that there was a commitment to their education. This accreditation comes from the Higher Learning Commercial (HLC) and is a form of regional accreditation.

Ivy Tech students can contribute to a paralegal program and transfer those credits to another school, but this accreditation also allows them to get the financial aid they need. Marcy Ziegler, Program Chair mziegler@ivytech.edu Phone: (812) 246-3301 ext. 4721 Nicole Fech Chair of the Legal Studies Program (219) 464-8514 ext. 3041 As a transfer study, the Legal Studies program is a starting point for a student interested in law. It is designed as a transfer program; However, students can transfer to a variety of different disciplines, including: paralegal, law, law in the liberal arts, and other undergraduate programs. If you are interested in law, then legal studies are the right place to start for you! The Technical Certificate in Accounting can be obtained on the way to obtaining the Associate of Applied Science degree. Many available jobs require additional training beyond the Abitur. Technical certificate programs provide training in conceptual and technical skills for specific occupations. The content of the programme is designed to develop skills in understanding general and technical skills. Certificate programs require basic proficiency in literacy, mathematics and quantitative skills. Ivy Tech Community College offers a range of programs and opportunities for students who wish to work as paralegals. There are two Associate of Science degree programs in Paralegal Studies.

While both programs include 60 course credits, one is available on campus and the other is available online. All locations in the system offer the same program, making it easy for students to find a location near them. A lawyer`s certificate covers three semesters and 31 course credits. In order to earn a degree, students must attend at least four semesters of coursework. Susie Hamner, M.A., M.S. Associate Professor of the Department of Commerce Chair of the Department of Business, Public Affairs and Social Services Ivy Tech Community College Madison 812-265-2580 ext. 4107 shamner@ivytech.edu graduates of the Legal Studies program can progress to a four-year program in a variety of different disciplines. Most commonly, the transfer program is referred to as law school, paralegal studies, or law in the liberal arts. However, we also have students who have successfully transitioned to Studium Generale, Organizational Management, Psychology, Political Science and a variety of other programs. The Paralegal Program at Ivy Tech is taught by highly qualified and experienced instructors. Students benefit from the knowledge and years of experience that our professors, who are practicing lawyers and judges, bring to the classroom. Our students also have the opportunity to use a mock courtroom and host the Indiana Court of Appeals for oral arguments.

Students in the Legal Studies program learn about government structures, sources of law, legal research and writing, civil litigation, and legal ethics. Degees: Online Associate of Applied Sciences Online Associate of Science Technical Certificates: Paralegal Studies Contact: Ilicia J Sprey, Ph.D. Acting Program Chair, Legal Studies Email: isprey@ivytech.edu (765) 269-5426 The overall goal of the program is to provide students with the skills and knowledge necessary to succeed as entry-level paralegals, under the supervision of lawyers, or a successful transfer to a four-year institution. Paralegals are not licensed lawyers and cannot provide legal advice. An Associate of Science program in Legal Studies is also available. This program is different because it prepares students to work in a number of legal jobs. Although they may work as paralegals, they also develop the necessary foundation for law school. This program is available online and on all Ivy Tech campuses. It has 60 course credits, including 18 credits of law studies. These courses include civil procedure, legal research, legal ethics and introduction to paralegal studies.

Students also take elective courses, which may include an introduction to criminal justice systems, business law, technical writing, creative writing, exhibition, and persuasion. Financial aid is available to any student who qualifies through FAFSA. The priority deadline for financial support is the first of July for those taking courses in the fall. State aid, such as subsidised loans and some grants, goes to both students and their parents. Ivy Tech also provides nearly $6 million annually in institutional assistance, including grants and college scholarships. Students can use the same accounts that are required for their aid applications. Scholarships and grants go to students based on their needs and/or merits. Paralegal students and law students attending Ivy Tech Community College should apply for financial assistance by mid-summer.

Matthew Schulz Assistant Professor Telephone: (812) 330-6107 Those who prefer a paper application can download a copy from the college`s website.

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Offenses are not brought before a grand jury, but indicted by “information” from the prosecutor`s office. In the U.S. Armed Forces, a Section 32 hearing is used for a similar purpose. If a named person is not subpoenaed to testify pursuant to JM 9-11.150 and does not request to testify ex officio (see JM 9-11.152), the prosecutor is encouraged, in appropriate cases, to inform that person in a timely manner before laying charges in order to give him or her an opportunity to testify before the grand jury. subject to the conditions set forth in JM 9-11.152. Notification would not be appropriate in obvious routine cases or where such action would jeopardize the investigation or prosecution because of the likelihood of escape, destruction or production of evidence, endangerment of other witnesses, undue delay or incompatibility with the objectives of justice. Hennepin County, Minnesota (to which Minneapolis belongs) holds a grand jury at all times. Each grand jury has a four-month term, usually meets one day a week, and focuses almost exclusively on murder cases. County grand juries develop areas that can be explored in two ways: jury interests and public complaints. Public complaints will be treated confidentially. The protection of whistleblowers is one of the main reasons for the confidentiality of the grand jury`s work. The United States The Lawyers` Guide states that prosecutors must “recognize that the grand jury is an independent body whose responsibilities include not only investigating and prosecuting crimes, but also protecting citizens from unfounded criminal charges” and that the purposes of investigations have the right and “may require or may require the opportunity to: to tell the grand jury their side of the story.” [25] The final option is to halt the trial and take the case to court, with a jury deciding whether the government can prove beyond a doubt all the elements of the crime against you.

While this approach may be the riskiest, it also gives a sense of confidence. (C) A government attorney may disclose any grand jury case to another federal grand jury. 2. The provision that the grand jury must consist of a minimum of 16 members and no more than 23 members perpetuates the current law, 28 U.S.C. 419 [now 18 U.S.C. 3321] (Grand jurors; Number if less than necessary). Any statement made by the defendant may be used in future proceedings against him. Therefore, the decision to testify is important. Generally, when the defendant testifies before grand juries, he or she first sets out his or her side of the story.

Then, a prosecutor will ask follow-up questions and can use this opportunity to get more information about the incident. The right of the grand jury can be waived, even by a plea agreement. A valid waiver must be made in a public court and after informing the defendant of the nature of the charge and the rights of the defendant. [15] Paragraph (d).—The amendment clarifies that recording devices may be used to gather evidence at grand jury meetings. In 262 cases, documents presented at a public trial and filed in public records revealed details of the grand jury investigation. These documents are, of course, accessible to all who wish to do so, including the objectives of the investigations. [There are] two documents commonly found in public records that usually reveal the identities of witnesses and targets. The first document is an authorization from the Department of Justice to a U.S.

prosecutor to ask the court for the immunity of a witness. The second document is the court order, which grants immunity from prosecution to the witness and obliges him to testify and provide the requested information. However, notification of these individuals is not necessarily necessary and, in some cases, the requested information may have reached the grand jury from such a variety of sources that it is impractical to include these sources in the disclosure process. While Douglas Oil notes that secrecy under Rule 6(e) “protects the innocent defendant from disclosure of the charge against him to the grand jury,” it is appropriate to leave it to the court to decide whether this interest requires direct representation by the grand jury`s objective at that time. If it is deemed necessary to protect the identity of these other persons, it would be permissible for the government or the court to notify these other persons directly and, therefore, the rule does not preclude such action. These witnesses may supplement their testimony with the testimony of others. The decision as to whether these requests are granted or denied after hearing testimony from the target or subject, or whether proposed witnesses are invited to testify, is at the discretion of the grand jury. In making such motions, it must be kept in mind that the grand jury was never intended, and is not, intended to be an opposing trial or an arbiter of guilt or innocence. See, e.g., United States v. Calandra, 414 U.S.

338, 343 (1974). (D) A government attorney may disclose any grand jury case involving foreign intelligence, counterintelligence (as defined in 50 U.S.C. 3003), or foreign intelligence information (as defined in Rule 6(e)(3)(D)(iii)) to any federal law enforcement, intelligence, protection officer, immigration, defence or national security to assist the officer receiving the information in the performance of his or her duties. A government prosecutor may also disclose any grand jury case that, in the United States or elsewhere, involves a threat of attack or serious hostility by a foreign power or its agent, a threat of sabotage or domestic or international terrorism, or clandestine intelligence activities of any intelligence agency or network of a foreign power. or by its agent. to any appropriate federal, state, state, tribal Indian or foreign government official to prevent or respond to such threats or activities. After reviewing the investigators` information and the information they receive from conversations with those involved, the prosecutor decides whether or not to refer the case to the grand jury. When a person is charged, he or she is officially informed that he or she is suspected of having committed a crime. The indictment contains basic information informing the person of the charges against him. Neither the accused nor his or her lawyer have the right to appear before the grand jury in the federal trial or to present a defence. Because the process is so one-sided, the grand jury issues an indictment in the vast majority of cases.

A New York state judge once said that prosecutors have so much influence over grand juries that they could get them to “indict a ham sandwich.” However, there are cases where a grand jury, even if it hears only one part of the case, dismisses the indictment and the prosecutor is unable to proceed.