Lieutenant Brian Rice, the highest-ranking Balitmore police officer charged in the 2015 death of Freddie Gray, has been acquitted on all charges, marking the fourth non-conviction in the case, PEOPLE confirms.
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And as the Guardian reported this week, the state appeals court in March issued a stunning declaration when upholding the non-conviction: Forcing oral sex on someone who is unconscious doesn't count as rape.
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A Baltimore judge found a police lieutenant charged in the death of Freddie Gray not guilty on all counts on Monday, the latest non-conviction for the cops involved in the April 2015 incident.
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The lawyer asked the court to consider Lederman's lack of a criminal record in sentencing, and suggested that he warranted "non-conviction" - under Israeli legal procedure, an accelerated expunging of the assault case from his files.
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She has just been arrested protesting the non-conviction of a rape case in Hainan, but the inquisitors are more eager to know what she did at the Ten Yuan Brothel, where she offered free sex to draw attention to the dismal working conditions of sex workers in China.
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However, the mere fact that a PND has been issued would not make it relevant. PNDs are generally issued to first-time offenders with no previous record. PNDs do not constitute a criminal record; they are non- conviction information and treated as intelligence.
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This was done to facilitate the Bureau in targeting mid-level proceeds of crime. This Irish model, including the Irish legislation, the innovative multi-agency Criminal Assets Bureau approach, as well as judicial dicta, has played a central role in the expansion of the non-conviction based approach across the common law world.
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Southern Union Co. v. United States, 567 U.S. 343 (2012), was a Supreme Court decision that applied the rule set out in Apprendi v. New Jersey—that certain non-conviction elements of a crime must be proved to a jury—to criminal penalties. The 6-3 decision was authored by Justice Sonia Sotomayor..
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In deciding that forfeiture did not violate the constitution, the Indian Supreme Court cited with approval the Irish High Court decision in Gilligan v Criminal Assets Bureau. It noted that non- conviction based asset forfeiture model was also to be found in various countries: United States of America, Italy, Ireland, South Africa, UK, Australia and certain provinces of Canada. Similar civil forfeiture legislation was found to be constitutional compliant in Bulgaria.
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A third tactic is the use of in rem actions, also known as Non- Conviction Based Asset Forfeiture (NCBF) to recover assets directly. This method takes place in a civil court. An advantage of in rem actions is that it does not require either a civil or criminal conviction against an individual in order to confiscate his/her assets. Instead, guilt is assigned to the property and prosecutors must only prove that the property in question was involved in an illegal activity.
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The civil demand can be, and often is, made and settled before a civil lawsuit is filed against the shoplifter in the appropriate civil court. Non-conviction based asset recovery powers are available in some jurisdictions where it is not considered feasible to secure a criminal conviction or a criminal conviction has been obtained but no confiscation order made. These powers are often used in more serious cases of money laundering, organised crime or drug trafficking. Proponents of civil recovery say it is important to recover the costs incurred through loss from the perpetrators.
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A person who has been arrested may petition for the set-aside of non-conviction records one year after the date of arrest, or any time following an acquittal or dismissal of charges. For adult offenders, a conviction for a less serious, nonviolent misdemeanor or felony offense may be set aside after a waiting period of between one and twenty years, provided that the person seeking relief from the conviction has no other convictions within the most recent ten years, or arrests within the past three years. Oregon has more generous expungement policies for convictions for marijuana offenses. An order setting aside a conviction restores all rights, relieves all disabilities, and also seals records of the conviction.
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In January 1919, he dispatched Yi Gwang-su to Beijing to contact the elderly independence fighter in U.S., China's Gando and Shanghai. He was arrested for participating as 48 national representatives during March 1st Movement and was found not guilty in the second trial, but served up nearly two years in prison for non-conviction. Later in 1920, he participated in the Socialist Revolutionary Party in Seoul.In May 1921, he was appointed as a senior official at the founding meeting of the Korean Communist Party in Shanghai, China, and became the executive chairman of the Korean Youth Association in 1922, and was a member of the screening committee when Kim Sa- guk, Lee Young, and Han Shin-kyo founded the General Association of Korean Youths in 1924.
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Prior to 2000 in the United States, for example, the burden of proof was on the property owner to prove that his property was not derived from, or used to commit, a criminal offense, and there was no remedy for "innocent owners" who were without fault concerning the illegal use of their property. Remedial legislation enacted in 2000, however, addressed these concerns and Non-Conviction Based Asset Forfeiture has become a standard part of law enforcement in the U.S., yielding US$1.5b annually in asset recoveries. While encouraged in UNCAC, adapting domestic law to create a legal basis for in rem recoveries is not required of state parties. Examples of in rem legislation can be found in jurisdictions such as the United States, the United Kingdom, the Philippines, Australia, Colombia and Ireland.
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