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Mental health court established for offenders on probation
Legal Interview |
2017/08/01 08:34
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A specialized court has been established in Pinal County to give defendants with mental problems an alternative path and keep them out of the criminal justice system.
Presiding Judge Stephen McCarville signed an administrative order last month calling for the establishment of Mental Health Treatment Court. It’s a therapeutic, post-sentence court for defendants placed on supervised probation.
People screened with a mental illness are referred to the court by the Pinal County Attorney’s Office or the county’s probation department. Then the court’s staff reviews the defendant’s case to determine whether the person’s situation is appropriate for the program, the Casa Grande Dispatch reported.
The offender undergoes outpatient treatment at a mental health facility while checking in with the court on a weekly basis. If defendants don’t follow the terms of the treatment, then they’re subject to having their probation revoked.
The goal is to keep people with mental disabilities out of the criminal justice system, Pinal County Superior Court Administrator Todd Zweig said. The number of probationers with mental health conditions has been increasing in the county, he added, prompting the need for this type of service. |
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Prosecutors ask court to imprison Samsung heir for 12 years
Headline Legal News |
2017/07/26 08:34
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South Korean prosecutors have recommended a 12-year jail term for Lee Jae-yong, 49-year-old billionaire heir of the Samsung business empire, urging a court to convict him of bribery and other crimes.
Lee, vice chairman of Samsung Electronics, became emotional Monday as he denied ever trying to seek political favors in his final remarks in the four-month-long trial. Lee was arrested in February amid a tumultuous corruption scandal that triggered months of massive public protests and culminated with the ouster of South Korea's president.
A panel of three judges at the Seoul Central District Court said they will hand down their verdict on Aug. 25.
Lee, princeling of South Korea's richest family and its biggest company, choked up during his final remarks, saying his ordeal was unjust but he had reflected during his six months in jail and realized that the bigger Samsung became, "the stricter and higher the expectations from the public and the society," a pool report from Monday's hearing said.
"Whether it was for my personal profit or for myself, I have never asked the president for any favors," he told the court.
In his remarks wrapping up the trial, Special Prosecutor Park Young Soo said Samsung's alleged bribery was typical of the corrupt and cozy ties between the South Korea's government and big businesses. Such dealings once helped fuel the country's rapid industrialization but now increasingly are viewed as illegal and unfair.
Park also accused Samsung officials of lying in their testimonies to protect Lee.
In past cases, South Korean courts have often given suspended prison terms to members of the founding families of the chaebol, the big, family-controlled businesses that dominate South Korea's economy. In some cases, presidents have pardoned them, citing their contributions to the national economy. But recent rulings on white collar crimes have shown less leniency. If convicted, Lee may be the first in his family to serve a prison term.
Lee was indicted in February on charges that included offering $38 million in bribes to four entities controlled by a friend of then-President Park Geun-hye, including a company in Germany set up to support equestrian training for the daughter of one of Park's friends, Choi Soon-sil.
Prosecutors alleged the bribes were offered in exchange for government help with a merger that strengthened Lee's control over Samsung at a crucial time for organizing a smooth leadership transition after his father fell ill.
Park was removed from office in March and is being tried separately. Her friend Choi also is on trial.
Lee has denied all charges. He has said he did not know of Choi or her daughter before the scandal grabbed national headlines and said Samsung's succession situation was not discussed during three meetings he held with the former president.
Samsung's lawyers do not contest having donated a large sum of money to the entities controlled by Choi. They disagreed with the prosecutors about the nature of the funds and insisted that at the time the donations were made Samsung was unaware that Choi controlled them. |
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EU closer to sanctions on Poland over changes in judiciary
Legal News |
2017/07/20 22:51
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The European Union is coming closer to imposing sanctions on Poland for the government's attempt to take control over the judiciary, a senior official warned Wednesday, but he said the bloc was still open to dialogue.
European Commission Vice President Frans Timmermans spoke Wednesday in Brussels, shortly after Poland's lawmakers voted overwhelmingly to send a contentious draft law that would reorganize the nation's top Supreme Court for more work by a special parliamentary commission.
Timmermans said that the EU was closer to triggering Article 7 against Poland because its recent steps toward the judiciary "greatly amplify the threat to the rule of law" and threaten putting the judiciary "under full political control of the government." But he said that dialogue between the EU and Poland should continue while the legislation is being worked on.
The EU's Article 7 allows the bloc to strip a nation of its voting rights. Article 7 was envisioned to ensure democratic standards in EU members. It requires unanimity among all other member states.
The vote in Poland's parliament, which is dominated by the ruling Law and Justice party, was preceded by a heated debate and street protests. It was the latest in a string of conflicts over the policies of the conservative party, which won power in a 2015 election. The government is also under strong criticism from other EU leaders.
Lawmakers voted 434-6 with one abstention for the commission for justice and human rights to review and issue its opinion on the draft law, which gives politicians, not lawyers, the power over appointments to the Supreme Court and reorganizes its structure.
The head of the commission, Stanislaw Piotrowicz, said it wasn't clear when the commission would convene and when its opinion would be known. He said the number of amendments proposed by the opposition was aimed at obstructing its work.
In a heated debate Tuesday, the opposition proposed more than 1,000 amendments to the draft, which, it says, kills judicial independence and destroys the democratic principle of the separation of the judiciary from the executive power. |
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Kansas faces skeptical state Supreme Court on school funding
Legal Marketing News |
2017/07/18 22:50
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Attorneys for Kansas will try to convince an often skeptical state Supreme Court on Tuesday that the funding increase legislators approved for public schools this year is enough to provide a suitable education for kids statewide.
The high court is hearing arguments about a new law that phases in a $293 million increase in education funding over two years. The justices ruled in March that the $4 billion a year in aid the state then provided to its 286 school districts was inadequate, the latest in a string of decisions favoring four school districts that sued Kansas in 2010.
The state argues that the increase is sizable and that new dollars are targeted toward helping the under-performing students identified as a particular concern in the court's last decision.
But lawyers for the Dodge City, Hutchinson, Wichita and Kansas City, Kansas, school districts argue that lawmakers fell at least $600 million short of adequately funding schools over two years. They also question whether the state can sustain the spending promised by the new law, even with an income tax increase enacted this year.
The court has ruled previously that the state constitution requires legislators to finance a suitable education for every child. In past hearings, justices have aggressively questioned attorneys on both sides but have not been shy about challenging the state's arguments.
The court is expected to rule quickly. Attorneys for the districts want the justices to declare that the new law isn't adequate and order lawmakers to fix it by Sept. 1 — only a few weeks after the start of the new school year.
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Pakistan's opposition calls on court to oust prime minister
Court Line News |
2017/07/16 22:50
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Opposition parties in Pakistan on Monday called on the Supreme Court to remove Prime Minister Nawaz Sharif from office after an investigation found that he and his family possess wealth exceeding their known sources of income.
The investigation is linked to the mass leak of documents from a Panama-based law firm in 2016, which revealed that Sharif and his family have offshore accounts.
Naeem Bukhari, a lawyer for opposition leader Imran Khan, submitted the request to the court. The court has the constitutional power to disqualify someone from serving as prime minister, and is expected to rule in the coming weeks.
The Sharifs have denied any wrongdoing. Their attorney, Khawaja Haris, argued Monday that the probe was flawed. The court will resume hearing the case Tuesday.
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Federal court's agenda has topics that draw Trump's ire
Lawyer Media News |
2017/07/15 22:50
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The nation’s largest federal court circuit has clashed repeatedly with President Trump over the past six months, and the agenda for its annual meeting is not shying away from topics that have stoked the president’s ire.
Immigration, fake news and meddling in the U.S. election are among the subjects to be discussed or touched on at the four-day conference of the 9th Circuit courts in San Francisco starting Monday.
Judges in the circuit have blocked both of Trump’s bans on travelers from a group of mostly Muslim countries and halted his attempt to strip funding from so-called sanctuary cities.
Trump has fired back, referring to a judge who blocked his first travel ban as a “so-called judge” and calling the ruling that upheld the decision disgraceful. Republicans have accused the 9th Circuit appeals court of a liberal slant and renewed efforts to break it up — a move Trump supports.
The 9th Circuit’s spokesman, David Madden, acknowledged that someone could see a connection between the conference agenda and the administration, but he said there was no intention to link the two.
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