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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.
This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
The Federal Sentencing Guidelines Manual 2013-2014 contains the official guidelines of the federal criminal sentencing polices established by the United States Sentencing Commission. The Guidelines Manual is effective November 1, 2013-October 31, 2014. The manual includes the following Chapters and Sections: Introduction and AuthorityGeneral Application Principles Offense Conduct Offenses Against the Person-Homicide, Assault, Criminal Sexual AbuseOffenses Related to Registration as a Sex Offender, Kidnapping, Abduction, or Unlawful Restraint, Air Piracy and Offenses Against Mass Transportation Systems, Threatening or Harassing Communications, Hoaxes, Stalking, and Domestic ViolenceBasic Economic Offenses-Theft, Embezzlement, Receipt of Stolen Property, Property Destruction, and Offenses Involving Fraud or Deceit-Burglary and Trespass, Robbery, Extortion, and Blackmail, Commercial Bribery and Kickbacks, Counterfeiting and Infringement of Copyright or Trademark, Motor Vehicle Identification Numbers Offenses Involving Public Officials and Violations of Federal Election Campaign LawsOffenses Involving Drugs And Narco-Terrorism-Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise, Unlawful Possession, and Regulatory ViolationsOffenses Involving Criminal Enterprises and Racketeering-Racketeering, Extortionate Extension of Credit, Gambling, Trafficking in Contraband Cigarettes and Smokeless Tobacco, and Labor Racketeering Offenses Involving Commercial Sex ActsSexual Exploitation of Minors, and Obscenity-Promoting A Commercial Sex Act or Prohibited Sexual Conduct, Sexual Exploitation of a Minor, and ObscenityOffenses Involving Individual Rights-Civil Rights, Political Rights, Privacy and Eavesdropping, Peonage, Involuntary Servitude, Slave Trade, and Child SoldiersOffenses Involving the Administration of Justice Offenses Involving Public Safety-Explosives and Arson, Firearms, and Mailing Injurious ArticlesOffenses Involving Immigration, Naturalization, and PassportsOffenses Involving National Defense and Weapons of Mass Destruction-Treason, Sabotage, Espionage and Related Offenses, Evasion of Military Service, Prohibited Financial Transactions and Exports, and Providing Material Support to Designated Foreign Terrorist Organizations, Nuclear, Biological, and Chemical Weapons and Materials, and Other Weapons of Mass DestructionOffenses Involving Food, Drugs, Agricultural Products, Consumer Products, and Odometer LawsAdjustments-Victim-Related Adjustments, Role in the Offense, Obstruction and Related Adjustments, Multiple Counts, Acceptance of Responsibility, Criminal History and Criminal LivelihoodDetermining the Sentence-Sentencing Table, Probation, Imprisonment, Supervised Release, Restitution, Fines, Assessments, Forfeitures, Sentencing Options, Implementing the Total Sentence of Imprisonment, Specific Offender Characteristics, Relief From Disability, and Departures, Substantial Assistance to Authorities, Other Grounds for Departure, Early Disposition Programs Sentencing Procedures, Plea Agreements, and Crime Victims' RightsViolations of Probation and Supervised Release-Authority, Background, Resolution of Major Issues, The Basic Approach, A Concluding Note, and Probation and Supervised Release ViolationsSentencing of Organizations-General Application Principles, Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program
A comprehensive and current presentation of the collective-action approach