Criminal Law
| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
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| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.
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| PAROLE |
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| Parole is the early release of a prisoner from incarceration. Parole is discretionary and is usually subject to certain conditions. Parole is not a commutation or a change in a prisoner's sentence. It is also not an act of clemency. More... |
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| RELEASE ON PAROLE |
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| If a state's parole board grants parole to a prisoner, custody of the prisoner is generally transferred to the state's parole board prior to the prisoner's release on parole. The prisoner is usually transferred to a residential facility or a halfway house, during which time the prisoner continues to receive credit for good conduct time. More... |
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| SEARCH & SEIZURE - INVESTIGATIVE STOPs |
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| If a police officer has a reasonable basis for believing that a person is involved in criminal activity or is about to be involved in criminal activity, the officer has a right to make an investigative stop of that person. Another name for an investigative stop is a "Terry Stop," which name is taken from the United States Supreme Court case of Terry v. Ohio. The officer may make the stop even though he or she does not have probable cause for an arrest. The purpose of the stop is to investigate criminal activity and not to make an arrest. More... |
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| Interstate Agreement on Detainers |
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| The Interstate Agreement on Detainers (the Agreement) is an agreement that applies to the transfers of sentenced prisoners between two states or between the federal government and a state. The purpose of the transfer is for the trial of the prisoner in another jurisdiction on an unrelated matter for which he is incarcerated. The Agreement is not applicable for the transfer of a federal prisoner between several jurisdictions for trial on federal charges. More... |
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