Ibjadmin: /* Notes */

2010-11-02T23:00:53Z

Notes

← Older revision		Revision as of 01:00, 3 November 2010
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	(j) any other relevant fact indicating that a judgment of conviction		(j) any other relevant fact indicating that a judgment of conviction
	would serve no useful purpose.<ref>N.Y. CPL. LAW § 170.40 : NY Code - Section 170.40: Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice</ref></blockquote>		would serve no useful purpose.<ref>N.Y. CPL. LAW § 170.40 : NY Code - Section 170.40: Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice</ref></blockquote>

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			See [[Defenses]]

	=Notes=		=Notes=
	<references/>		<references/>

Ibjadmin: Created page with "=Background= Trial courts in some jurisdictions have the discretionary power to dimiss cases in the interest of justice. Defense attorneys should be prepared to argue dismissal ..."

2010-11-02T23:00:07Z

Created page with "=Background= Trial courts in some jurisdictions have the discretionary power to dimiss cases in the interest of justice. Defense attorneys should be prepared to argue dismissal ..."

New page

=Background=

Trial courts in some jurisdictions have the discretionary power to dimiss cases in the interest of justice. Defense attorneys should be prepared to argue dismissal in the interests of justice when a the court retains the right either by code or by common law tradition.

=Country Specific Application=
==United States==

Under New York CPL Section 170.40 a misdemeanor charge may be dismissed. Under this provision the court must consider all the following factors:
<blockquote>(a) the seriousness and circumstances of the offense;
(b) the extent of harm caused by the offense;
(c) the evidence of guilt, whether admissible or inadmissible at
trial;
(d) the history, character and condition of the defendant;
(e) any exceptionally serious misconduct of law enforcement personnel
in the investigation, arrest and prosecution of the defendant;
(f) the purpose and effect of imposing upon the defendant a sentence
authorized for the offense;
(g) the impact of a dismissal on the safety or welfare of the
community;
(h) the impact of a dismissal upon the confidence of the public in
the criminal justice system;
(i) where the court deems it appropriate, the attitude of the
complainant or victim with respect to the motion;
(j) any other relevant fact indicating that a judgment of conviction
would serve no useful purpose.<ref>N.Y. CPL. LAW § 170.40 : NY Code - Section 170.40: Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice</ref></blockquote>

=Notes=
<references/>

Dismissal in Interest of Justice - Revision history

Ibjadmin: /* Notes */

Ibjadmin: Created page with "=Background= Trial courts in some jurisdictions have the discretionary power to dimiss cases in the interest of justice. Defense attorneys should be prepared to argue dismissal ..."