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Fines are the most common sentence imposed by Magistrates' courts in England and Wales, covering a range of crimes including motoring offences, drug offences, criminal damage and TV licence evasion. In the year 2004-05, penalties totalling £352 million were imposed, with £75 million cancelled and £222 million collected. Following on from an earlier report (HCP 672, session 2001-02, ISBN 0102914508) published in 2002, the NAO has examined whether the changes made in practices and procedures have resulted in improvements to the enforcement and collections of fines. It is estimated that a 25 per cent reduction in the number of legally cancelled fines would result in potential savings of £6.9 million per year and prompter payment of fines would yield further annual savings of almost one million pounds. Although a series of measures have been introduced by the Department for Constitutional Affairs to improve the system, over two thirds of the cases examined required enforcement action before the offender made any payments. A number of recommendations for further improvements are made, including in relation to developing performance indicators; prompter collection of fines, including making payment facilities (including cash) available at each court; focusing staff resource allocation on the early stages of enforcement; and addressing IT problems caused by the delay of the Libra system
This report examines the Department of Constitutional Affairs and Her Majesty's Courts Services on the payment of fines, how the speed of payment might be increased and how appropriate penalties might be set. It finds that the performance measure used by the DCA on the payment of fines is flawed because it creates an incentive to cancel fines and takes no account of the time taken to pay them. In 2005-5 almost a fifth of fines were cancelled. Also the offender has no incentive to pay promptly as enforcement charges are not passed on nor is interest charged on outstanding fines. Although the Department has taken steps to improve the information available to courts when setting penalties, the new measures have not been implemented consistently.
An effective guide to help librarians develop a more systematic and effective approach to dealing with overdues. The editors present statistical data on overdues, as well as successful tactics employed by various libraries to combat the persistent problem of overdue materials.
"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.
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
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.
Freedom Libraries: The Untold Story of Libraries for African-Americans in the South. As the Civil Rights Movement exploded across the United States, the media of the time was able to show the rest of the world images of horrific racial violence. And while some of the bravest people of the 20th century risked their lives for the right to simply order a cheeseburger, ride a bus, or use a clean water fountain, there was another virtually unheard of struggle—this one for the right to read. Although illegal, racial segregation was strictly enforced in a number of American states, and public libraries were not immune. Numerous libraries were desegregated on paper only: there would be no cards given to African-Americans, no books for them read, and no furniture for them to use. It was these exact conditions that helped create Freedom Libraries. Over eighty of these parallel libraries appeared in the Deep South, staffed by civil rights voter registration workers. While the grassroots nature of the libraries meant they varied in size and quality, all of them created the first encounter many African-Americans had with a library. Terror, bombings, and eventually murder would be visited on the Freedom Libraries—with people giving up their lives so others could read a library book. This book delves into how these libraries were the heart of the Civil Rights Movement, and the remarkable courage of the people who used them. They would forever change libraries and librarianship, even as they helped the greater movement change the society these libraries belonged to. Photographs of the libraries bring this little-known part of American history to life.