Misplaced Pages

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36-454: An MDC, unlike a Federal Penitentiary, is designed to hold prisoners who have not yet been arraigned , have been denied bail , or are awaiting trial. MDCs also hold inmates on their way to their designated 'home' prison. Convicted prisoners are transferred to one of a series of Federal Prisons, also run by the Bureau of Prisons. An MDC is considered to be an administrative facility, as defined by

72-499: A United States prison is a stub . You can help Misplaced Pages by expanding it . Arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant , to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea ; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include guilty , not guilty , and

108-474: A further 12 hours (i.e., up to 24 hours in total); for terrorism-related offences a person can be held by the police for up to 14 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable. The Sixth Amendment to the United States Constitution grants criminal defendants the right to be notified of the charges against them. Under

144-770: A part of the British Empire . There are several sources of law, the primary ones being acts enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty ; the rule of law ; and the separation of powers . Before colonisation by the British , Māori customary law ( tikanga ) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes

180-538: A very minor role in developing the law, and as late as 1966 it was said that they "usually follow English decisions scrupulously". In the 1980s the judiciary played a major role in redefining the constitutional position of the Treaty of Waitangi. The New Zealand Bill of Rights Act was enacted in 1990 to affirm fundamental rights and freedoms set out in the International Covenant on Civil and Political Rights . While

216-465: A warrant and kept in custody must be brought before a local criminal court for arraignment "without unnecessary delay". A delay of more than 24 hours is rebuttably presumed to be unnecessary. In California , arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with

252-638: Is in the Murders Abroad Act of 1817 , which clarified that New Zealand was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". The Treaty of Waitangi was signed in 1840. Although the Treaty had never been incorporated into New Zealand municipal law , its provisions were first incorporated into legislation as early as the Land Claims Ordinance 1841 and

288-460: Is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors , and the defendant's character, and passes sentence . If the defendant pleads not guilty , a date is set for a preliminary hearing or a trial . In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure ( Law French for "strong and hard punishment"). Today, in common law jurisdictions,

324-399: Is now 'largely... distinct from other jurisdictions'. The main distinction of New Zealand contract law is the wide discretionary power given to courts in granting relief. Although these changes were initially opposed due to fears that they would make the remedy of contractual disputes unpredictable and increase levels of litigation , it is generally agreed that this has not happened, and that

360-502: Is organised around the doctrines of precedent (like cases should be decided alike) and stare decisis . These principles dictate that lower courts must follow the decisions of the more senior courts in the judicial hierarchy. This encourages consistency of decision-making. New Zealand contract law was initially derived from the English model . Since 1969, however, a series of Acts of Parliament altered this, and New Zealand contract law

396-417: Is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. In England and Wales, the police cannot legally detain anyone for more than 24 hours without charging them, unless an officer with the rank of superintendent (or above) authorises detention for a further 12 hours (i.e., 36 hours total), or a judge (who will be a magistrate ) authorises detention by

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432-669: The Judicial Committee of the Privy Council in London. In 1957 the Court of Appeal was reconstituted to become separate from the Supreme Court, having its own judges. In 2004 a new Supreme Court was established, becoming New Zealand's court of last resort following the simultaneous abolition of the right to appeal to the Privy Council. In 1865 a Native Land Court was established to "define

468-538: The Metropolitan Detention Center, Brooklyn , New York, the detainees were slammed face first into a wall against a shirt with an American flag; the bloodstain left behind was described by one officer as the print of bloody noses and a mouth. Once inside they were threatened with detention for the rest of their lives, verbally abused, exposed to cold, deprived of sleep , and had their hands, cuffed arms, and fingers severely twisted. This article about

504-459: The United States ' Federal Rules of Criminal Procedure , arraignment shall consist of an open reading of the indictment (and delivery of a copy) to the defendant, and a call for them to plead. In federal courts , arraignment takes place in two stages. The first is called the "initial arraignment" and must take place within 48 hours of an individual's arrest, or within 72 hours if the individual

540-542: The peremptory pleas (pleas in bar) setting out reasons why a trial cannot proceed. Pleas of nolo contendere ('no contest') and the Alford plea are allowed in some circumstances. In the Australian legal system , arraignment is the first stage in a criminal trial. The indictment is read to the defendant, who is asked to plead guilty or not guilty. Arraignment procedures vary somewhat among jurisdictions. In New South Wales ,

576-455: The Bill of Rights Act is not a superior law to which all other laws are subject, judges are required to interpret other statutes to be consistent with it if at all possible. If there is an inconsistency, the attorney-general must inform Parliament. The New Zealand legal system is heavily based on the English law , and remains similar in many respects. As with all common law countries, English law

612-476: The Bureau of Prisons: Administrative facilities are institutions with special missions, such as the detention of pretrial offenders; the treatment of inmates with serious or chronic medical problems; or the containment of extremely dangerous, violent, or escape-prone inmates. Administrative facilities include Metropolitan Correctional Centers (MCCs), Metropolitan Detention Centers (MDCs), Federal Detention Centers (FDCs), and Federal Medical Centers (FMCs), as well as

648-727: The Federal Transfer Center (FTC), the Medical Center for Federal Prisoners (MCFP), and the Administrative-Maximum (ADX) U.S. Penitentiary. Administrative facilities are capable of holding inmates in all security categories. A report by the Justice Department Office of the Inspector General on the experience of 762 post-9/11 detainees found confirmed the physical and verbal abuse of detainees. On arrival at

684-562: The Native Rights Act 1865. However, in the 1877 Wi Parata v Bishop of Wellington judgement, Judge Prendergast argued that the Treaty was a "simple nullity" in terms of transferring sovereignty from Māori to the United Kingdom. This remained the legal orthodoxy until at least the 1970s. Māori have since argued that Prendergast's decision, as well as laws later based on it were a politically convenient and deliberate ploy to legitimise

720-613: The Treaty " became a common topic in contemporary New Zealand politics, and in 1989, the Fourth Labour Government responded by adopting the "Principles for Crown Action on the Treaty of Waitangi" a similar list of principles to that established in the 1987 court case. A Supreme Court was first established in 1841 (it was renamed the High Court in 1980, and is different from the current Supreme Court ), and various lower courts subsequently established. Its establishment followed

756-496: The Treaty of Waitangi in the context of that case and the proposed sale of government assets was found to be in breach of this proviso. This allowed the courts to consider the Crown's actions in terms of consistence with the Treaty and established the principle that if the Treaty is mentioned in strong terms in a piece of legislation, it takes precedence over other parts of that legislation should they come into conflict. The " Principles of

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792-458: The arraignment takes place before the judge only. In South Australian practice, the jury hears the arraignment. In Queensland the indictment is read to the defendant by the judge's associate prior to the empanelling of the jury. In British Columbia , arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or not guilty to each charge. In France ,

828-530: The arrival in New Zealand of the first chief justice , William Martin , and it heard its first case in January 1842. The magistrates' courts came into being in 1846 (replaced by district courts in 1980). The Court of Appeal was set up in 1862 and originally consisted of panels of judges from the Supreme Court. The Court of Appeal was the highest court in New Zealand, although appeals could be taken from this to

864-497: The consent of the prosecutor, the procureur . In the vast majority of cases, the prosecutor will consent. In Germany , if one has been arrested and taken into custody by the police, one must be brought before a judge as soon as possible and at the latest on the day after the arrest. Under New Zealand law , at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. The response of "no plea" allows

900-415: The court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence . This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction. Law of New Zealand The law of New Zealand uses the English common law system, inherited from being

936-406: The defendant to get legal advice on the plea, which must be made on the second appearance. In South Africa , arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea. In England , Wales , and Northern Ireland , arraignment

972-415: The following principles: Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of video arraignment system allows the court to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an audio-visual link between the location where the defendant is being held and the courtroom. Use of

1008-469: The general rule is that one cannot remain in police custody for more than 24 hours from the time of their arrest . However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to require the extra time, and can last up to 96 hours in certain cases involving terrorism , drug trafficking , or organised crime . The police need to have

1044-506: The land rights of Māori people under Māori custom and to translate those rights or customary titles into land titles recognisable under European law". It has since been heavily criticised for acting as a device for removing Māori from their land. Some of the problems were with the court itself – holding proceedings in English and in cities far from Māori settlements, judges with inadequate knowledge of Māori custom – while others were more to do with

1080-566: The laws it enforced. For example, for many decades land law did not recognise that an entire hapū owned its land, and land ownership was put in the hands of a few people. In 1954 it was renamed the Māori Land Court , and has been substantially reformed since the nineteenth century. Until the mid-twentieth century it also dealt with Māori adoptions. The New Zealand judiciary have generally been seen as independent and non-corrupt, although not always non-biased. Until recent years they have played

1116-446: The police before charge for up to a maximum of 96 hours; for terrorism -related offences a person can be held by the police for up to 28 days before charge. If they are not released after being charged, they should be brought before a court as soon as practicable. In Scotland , the police cannot detain anyone for more than 12 hours without charging them unless an officer of the rank of superintendent (or above) authorises detention for

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1152-612: The seizure of Māori land and other resources. In 1975, the Treaty of Waitangi Act became law. It established the Waitangi Tribunal . The tribunal had authority to investigate post-1975 Māori claims of actions that are inconsistent with the Principles of the Treaty of Waitangi ; to make findings of fact; and to make non-binding recommendations. The act was amended in 1985 to enable the tribunal to consider claims back to 1840 and to increase

1188-472: The state-owned enterprises were essentially private firms owned by the government, there was an argument that they would prevent assets which had been given by Māori for use by the state from being returned to Māori by the Waitangi Tribunal and through Treaty settlements. The Act was challenged in court in 1987, and the judgement of New Zealand Maori Council v Attorney-General defined the Principles of

1224-497: The tribunal's membership. The Treaty was incorporated in a limited way into New Zealand law by the State Owned Enterprises Act 1986. Section 9 of the act states "Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the Principles of the Treaty of Waitangi ". The government had proposed a transfer of assets from former Government departments to state-owned enterprises , but because

1260-462: The video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the population held in detention. It also addresses the rising costs of transportation. If the defendant pleads guilty, an evidentiary hearing usually follows. The court

1296-422: Was arrested on the weekend and not able to go before a judge until Monday. During this stage, the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel . The presiding judge also decides at what amount, if any, to set bail . During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea. In New York , a person arrested without

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