Central Criminal Court

“ The Government's whole argument rests on the stark premise that Congress has left to the district attorney or the Attorney General the power to say whether the judge and jury must punish identical conduct as a felony or as a misdemeanor.
A basic principle of our criminal law is that the Government only prosecutes people for crimes under statutes passed by Congress which fairly and clearly define the conduct made criminal and the punishment which can be administered. ”

“ The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself. ”

“ The Constitution has made provision for the venue of criminal actions or prosecutions, and their nature cannot be altered by legislative enactment, so as to embrace the whole country in one vast district. A provision in a statute of this nature, by which it is possible to find an indictment and to have a trial at the most remote point from the actual commission of the offense, ought not to be approved as a compliance with the Constitution. ”

“ The Immigration and Nationality Act (INA) defines “aggravated felony” by enumerating a long list of offenses. §1101 (a) (43) . Some are federal criminal offenses, but others are undefined generic offenses, such as “burglary,” §1101 (a) (43) (G) , and “obstruction of justice,” §1101 (a) (43) (S) , which is relevant here.
To assess whether someone’s conviction is covered by a generic offense, our precedents dictate that courts use the “categorical approach.” ”

“ Justices of the peace and local municipal courts of criminal jurisdiction are generally given power to deal finally with a few petty offenses, subject to a right of appeal to a court where a jury trial can be had. As to all others, their function is, when the warrant of arrest has been executed, to inquire whether there is probable cause for holding the defendant to answer to the charge which has been made against him in a higher court, and if they find that such cause exists, to order him to give sufficient security that he will appear before it for trial. ”

“ Thus, it is up to the appellate court to reach the legal conclusion whether, under the totality of the circumstances and considering the historical facts as addressed by the circuit court, a reasonably-objective police officer either would have reasonable suspicion that the person stopped has committed, or is about to commit, a criminal act, or would have probable cause to believe that, upon search, contraband or evidence of criminal activity will be found. ”

“ It shall be the Supreme People's Procuratorate to decide whether to make assurance about restricted prosecution and the Supreme People's Court on whether to make assurance on sentencing.
The relevant authorities shall be bound by the assurance made when pursuing the criminal liability of a person involved in the case concerned. ”

“ He is supposed to sit upon his dais serenely, indifferent as to whether a murderer be convicted or acquitted, whether an inexperienced assistant district attorney be "trounced" by an astute criminal lawyer with a couple of generations of trial experience, or, on the other hand, a bulldozing prosecutor bedevil a miserable prisoner, defended by an ignorant and untutored counsel, into State's prison,—provided either be done within the strict rules of evidence and proper court behavior. ”

“ Section 14. The Special Court has to pass sentence even if the trial results in showing the act of which the defendant is accused, as not being under the jurisdiction of the Special Court. This does not apply if the act constitutes a crime or offense under the jurisdiction of the Supreme Court or the courts of appeal; in this case the Special Court has to proceed according to section 270, paragraph 1–2 of the Code of Criminal Procedure.
“Section 16. (1) There is no legal appeal against decisions of the Special Courts. ”

“ Many a case which on its face seems founded on justice may be shown by a little questioning on the part of the magistrate to be nothing but an attempt to "hold up" or injure the defendant. The quasi-criminal classes know well the power of the criminal law and frequently invite it to secure private vengeance. When two rogues fall out there is often a race to see who can get to the police court first. In other cases the dense ignorance of complainant or defendant renders justice almost impossible. ”

“ Proceedings before a magistrate to commit a person to jail, or to hold him to bail, in order to secure his appearance to answer for a crime or offense which the magistrate has no jurisdiction himself to try, before the court in which he may be prosecuted and tried, are but preliminary to the prosecution, and are no more a commencement of the prosecution than is an arrest by an officer without a warrant, for a felony committed in his presence. ”

“ The people's procuratorate shall prepare a written application for conversion of criminal penalty with the relevant materials attached, and submit the same to the intermediate people's court at the place of the enforcement organ for an order on conversion of criminal penalty. ”

“ Neither sound reason nor public policy justifies any departure from settled principles applicable in criminal prosecutions for infamous crimes. Even if there were a wide divergence among the authorities upon this subject, safety lies in adhering to established modes of procedure devised for the security of life and liberty. Nor ought the courts, in their abhorrence of crime, nor because of their anxiety to enforce the law against criminals, countenance the careless manner in which the records of cases involving the life or liberty of an accused are often prepared. ”

“ Exceptions of the kind have their foundation in necessity, as all experience shows that errors and casualties will sometimes intervene in the administration of criminal justice. Autrefois acquit or autrefois convict, where the indictment is valid and the conviction is regular, in a court of competent jurisdiction, is a bar to a second prosecution for the same offence, but even that rule is subject to all the exceptions named and to many others of like character. ”

“ Article 309 Whoever gathers people to stir up trouble in a court or assault the court or beats a judicial officer, thus seriously disrupting the order of the court, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance or be fined. ”

“ Article 89 of the Criminal Procedure Act stipulates, "An accused in detention shall meet other people within the legal scope," while Article 209 stipulates that the provision in the above Article 89 shall apply to an arrested or detained suspect, and Article 34 stipulates, "A legal counsel or a person who wishes to be a legal counsel shall meet a physically restrained accused or suspect and give or take documents or objects to or from them." ”

“ The people's courts at various levels acquitted according to law 825 people for lack of evidence and reasonable doubts, and ensured innocent people from being subject to criminal sanctions. The people's courts further strengthened communication with lawyer associations, highly valued the issues reflected by the lawyer associations and lawyers, respected and guaranteed lawyers to perform their duties according to law. ”

“ Almost every panel has the opportunity to hear at least one "sucker" tell his story and to render a speedy verdict in his favor. It needs little explanation from a prosecutor to convince the twelve hard-working tradesmen before him that the defendants in this class of cases are the "real" criminals,—systematic enemies of society.
The great bulk of cases, that is to say, nearly seventy-five per cent, are disposed of by plea, by direction of the court, or "recommendation," that is to say, on the written application of the district attorney that the defendant's bail be discharged. ”

“ The tribunal will conduct its proceedings by methods different to a court of law. The examination will mainly be conducted by the tribunal itself; a witness cannot refuse to reply on the ground that the answer would criminate himself. Evidence in this way will be extracted which might be made the basis of a criminal prosecution against other persons. Indemnities might be given to persons actually guilty of very grave crime, and persons much less guilty of direct participation in grave crime might, under such protected evidence, be made liable to a prosecution. ”

“ When a state court has entered upon the trial of a criminal case, under a statute not repugnant to the constitution of the United States, and has jurisdiction of the offense and of the accused, no mere error in the conduct of the trial should be made the basis of jurisdiction in a court of the United States to review the proceedings upon writ of habeas corpus. ”

“ We also fully recognize the obligation of all citizens to aid in enforcing the criminal laws. This Court, while protecting individual rights, has always given ample latitude to law enforcement agencies in the legitimate exercise of their duties. The limits we have placed on the interrogation process should not constitute an undue interference with a proper system of law enforcement. As we have noted, our decision does not in any way preclude police from carrying out their traditional investigatory functions. ”

“ From that premise, the courts below reasoned that petitioner had waived any right to counsel on the habitual criminal accusation by waiving counsel on the housebreaking and larceny charge. With this conclusion, we cannot agree.
Section 1 of the Act defines 'habitual criminal' in considerable detail. [6] Section 7 prescribes standards for the admissibility of the record of the prior convictions of a defendant charged with being an habitual criminal. ”

“ However, the reasons above, can only be problematic concerning the relation with the victim, above conduct of the policemen merely watched out near the victim, and the Defendant found the victim and had criminal intent, went further to commit this crime. Regardless of the responsibility of the policemen who were involved in improper investigative measures, the prosecution to the defendant who makes his mind to commit crime and went further to execution is not illegal per se. ”

“ They empower the district munsifs (who are the deputy tahsildars) to try suits up to Rs. 500 in value, the Divisional Officers (who have the civil powers of sub-judges) those between Rs. 500 and Rs. 5,000, and the Agent those above the latter sum in value. Criminal justice is administered as elsewhere, both the Penal Code and the Criminal Procedure Code being in force, except that there is no trial by jury. ”

“ Similarly he may have offered to plead to a lower degree of the same offence and his offer may have been refused, yet the matter is confidential and the case has to be tried by the district attorney as though he had no knowledge of the defendant's guilt. So the jury retire and frequently end their deliberations by acquitting the defendant, who leaves the court-room triumphantly to the great chagrin of the prosecutor. The jury, on the other hand, are filled with complacent satisfaction at having restored to liberty a man unjustly accused of crime. ”

“ The issue we deal with is inherent in the criminal law and its administration because guilty pleas are not constitutionally forbidden, because the criminal law characteristically extends to judge or jury a range of choice in setting the sentence in individual cases, and because both the State and the defendant often find it advantageous to preclude the possibility of the maximum penalty authorized by law. ”

“ When a constitution declares that felonies may be prosecuted by information after a commitment by a magistrate, we understand exactly what is meant, since informations for the prosecution of minor offenses are said by Blackstone to be as old as the common law itself, and a proceeding before magistrates for the apprehension and commitment of persons charged with crime has been the usual method of procedure since the adoption of the Constitution. ”

“ The procedure in penal cases including the administration of punishment, in civil cases and in matters of voluntary jurisdiction, is to be simplified and expedited, by eliminating all dispensable measures and by utilizing all available manpower, as far as it is compatible with the purpose of the procedure. In particular, in penal cases the enforcement of the indictment by the offended party, and the formal decree of the court opening, the trial will be eliminated; the authority of the local court in penal matters is to be enlarged, and the admissibility of writs of punishment to be extended. ”

“ When a committing magistrate requires the defendant to give bail to appear in a higher court, and he does not give it, he will be committed to jail to await his trial there. In this court he is sometimes tried on the complaint upon which he was originally arrested: oftener a new accusation is prepared. This may be either an information or an indictment.
At common law, no one could be tried for a felony unless a grand jury were first satisfied that there was good ground for it. ”

“ Without dwelling further on the matter it is enough to say that in general the State constitutions, their general laws, or penal statutes provide that a person who is accused or suspected of crime must be presumed innocent and treated accordingly until his guilt has been affirmatively established in a jury trial; that meantime he must not be confined or detained unless a crime has in fact been committed and there is at least reasonable cause to believe that he has committed it ”