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Encyclopedia > Remand
A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand until their criminal trial.
A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand until their criminal trial.

Remand is a legal term which has two related but distinct usages. Its etymology is from the Latin re- and mandare, literally "to order." It evolved in Late Latin to remandare, or "to send back word." It appears in Middle French as remander and in Middle English as remaunden, both with essentially the same meaning, "to send back." [1] Picture from http://hrc. ... Picture from http://hrc. ... Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Latin is an Indo-European language originally spoken in the region around Rome called Latium. ... Vulgar Latin (in Latin, sermo vulgaris) is a blanket term covering the vernacular dialects of the Latin language spoken mostly in the western provinces of the Roman Empire until those dialects, diverging still further, evolved into the early Romance languages — a distinction usually assigned to about the ninth century. ... Middle French (le moyen français) is a historical division of the French language which covers the period from (roughly) 1340 to 1610. ... Middle English is the name given by historical linguistics to the diverse forms of the English language spoken between the Norman invasion in 1066 and the mid-to-late 15th century, when the Chancery Standard, a form of London-based English, began to become widespread, a process aided by the...

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Action by a court of appeal

The first common legal usage describes an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action. For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses which the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action. [2] It has been suggested that this article or section be merged into Appeal. ... A trial court or court of first instance is the court in which most civil or criminal cases begin. ... The law of evidence governs the use of testimony (eg. ... This page is about witnesses in law courts. ... Categories: Move to Wiktionary | Law stubs | Legal terms ... The phrase lower court has several possible meanings in English: In reference to an appeal, the lower court is the court whose decision is being reviewed. ...


A case is said to be "remanded" when the superior court returns or sends back the case to the lower court. Also, a court may be said to retry the case "on remand." In law, and more specifically, in the Anglo-American common law legal tradition, a superior court is a court of general jurisdiction over all, or major, civil and criminal cases. ...


The remand has options. It may be a full remand, essentially ordering an entire new trial; it may be "with instructions" specifying, for example, that the lower court must consider certain alternatives or evidence not entertained at trial; or it may be a partial remand as when an appellate court affirms a conviction while directing the lower court to revisit the sentencing phase. When the appellate court concludes that the lower court's decision was not only wrong but prevented the lower court from reaching issues that must now be considered, it will usually remand the case to the lower court to consider those issues in the first instance rather than deciding them at the appellate level; when this action is taken, the appellate court will say that the lower court's decision is "reversed and remanded." In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... Affirm is a judgment of an appellate court where the court upholds the decision of the lower court. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...


A variation on this usage occurs in the United States federal courts. When a civil case is filed in a state court in the United States, the defendant may, under certain circumstances, move the case to the local federal district court (this act is referred to as "removal"). The state court has no say in this decision, but if the federal court decides that the case was not one in which removal was permissible, it sends the case back to state court, and this action is termed a "remand." This use of "remand" is distinct from the meaning above, however, in that the federal court is not an appellate court above the state court, and in that this kind of remand does not imply that the state court did anything erroneous (since the decision whether removal is appropriate is not one over which the state court had any control in the first instance). The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Civil law has at least three meanings. ... In the U.S., a state court has jurisdiction over disputes which occur in a state. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... The United States district courts are the general trial courts of the United States federal court system. ...


Action at arrest or arraignment

The second usage relates to the imprisonment of criminal suspects awaiting trial or sentencing. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand. A prison is a place in which people are confined and deprived of a range of liberties. ... In the parlance of criminal justice, a suspect is a term used to refer to a person, known or unknown, suspected of committing a crime. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ... Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ...


Reasons for being held in custody on remand vary depending on the local legal system, but may include

  • the suspect has been accused of carrying out a particularly serious offence
  • the suspect having previous convictions for similar offences
  • reasons to believe the suspect could leave the court's jurisdiction to avoid its trial and possible punishment
  • reasons to believe the suspect may destroy evidence or interfere with witnesses
  • the suspect is likely to commit further offences before their trial
  • the suspect is believed to be in danger from accomplices, victims, or vigilantes

In most countries, remand prisoners are considered innocent until proven guilty by a court and may be granted greater privileges than sentenced prisoners, such as This article is about witnesses in law courts. ... Presumption of innocence is an essential right that the accused enjoys in criminal trials in all countries respecting human rights. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...

  • wearing own clothes rather than prison uniform
  • voting in elections
  • may be entitled to additional visiting hours per week
  • may not have to work or attend education

Remand prisoners are usually detained separately from sentenced prisoners, however, due to prison overcrowding they are sometimes held in a shared accommodation with sentenced prisoners. An election is a decision making process whereby people vote for preferred political candidates or parties to act as representatives in government. ...


Remand can cause hardship and a punishment for a suspect, even though not yet convicted of any crimes or sentenced.


Criticism

In the United States and Canada, more than half of persons currently being incarcerated are remand prisoners, generally those awaiting trial. Most face modest demands for bail that they simply don't have the resources to raise. The burden falls heavier on poor defendants, and as a result disproportionately on groups like African-Americans, Hispanics, and Native Americans. In many cases, defendants face a lesser criminal penalty for a conviction than they actually spend awaiting their trial date. In the United States, the most common sentence handed out for a guilty verdict is now "time served". In Canada, the practice of crediting the defendant with two days against sentence for every one day spent in pre-trial custody has arisen. However, in both cases, this practice tends to deny the prisoner the opportunity for parole (which is often available to prisoners who have served at least one-third of their custodial sentence), though Statutory Release is still granted, under the law, after a prisoner has served two-thirds of their sentence. The release is nearly always to a half-way house of some kind, to facilitate the reintegration of the offender back into society. Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ... African Americans, also known as Afro-Americans or black Americans, are an ethnic group in the United States of America whose ancestors, usually in predominant part, were indigenous to Sub-Saharan and West Africa. ... Hispanic, as used in the United States, is one of several terms used to categorize US citizens, permanent residents and temporary immigrants, whose background hail either from the Spanish-speaking countries of Latin America or relating to a Spanish-speaking culture. ... Assiniboin Boy, an Atsina Native Americans in the United States (also Indians, American Indians, First Americans, Indigenous Peoples, Aboriginal Peoples, Aboriginal Americans, Amerindians, Amerinds, or Original Americans) are those indigenous peoples within the territory which is now encompassed by the continental United States, and their descendants in modern times. ... Guilt is a word describing many concepts related to a negative emotion or condition caused by actions which are, or are believed to be, morally wrong. ... In law, a verdict indicates the judgment of a case before a court of law. ... In criminal law, time served describes a sentence where the defendant is released immediately after the guilty verdict, with the time spent in remand awaiting trial effectively being the length of the sentence. ...


In addition, remand facilities are often run at the municipal level. They tend to be much older facilities than penitentiaries or reformatories, and many date back to the 19th century. Many are overcrowded and are subject to a high degree of turnover. Prisons like New York City's Rikers Island and Toronto's Don Jail have become as notorious as high security prisons for violence. In Canada, the rule is now that one day spent in remand in "The Don" is counted as three days against any eventual sentence that may be imposed. A municipality or general-purpose district (compare with: special-purpose district) is an administrative local area generally composed of a clearly defined territory and commonly referring to a city, town, or village government. ... A prison is a place in which people are confined and deprived of a range of liberties. ... A reformatory is a juvenile prison where legal minors are sent by (juvenile or general) courts to spend a custodial sentence, separate from the bad example of and abuse by adult (often hardened) convicts, usually gender-separated (mainly boys). ... New York City, officially named the City of New York, is the most populous city in the United States, the most densely populated major city in North America, and the largest financial center in the world. ... View of Rikers Island Rikers Island is the name of New York Citys largest jail facility, as well as the name of the 415 acre (1. ... Template:Hide = Motto: Template:Unhide = Diversity Our Strength City of Toronto, Ontario, Canadas Location. ... The Don Jail is a notorious municipal jail in the city of Toronto, Ontario. ...


Additionally, remand prisons often find themselves home to the mentally ill, as mental health facilities are closed. The Scream, the famous painting commonly thought of as depicting the experience of mental illness. ...


See also

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ... The study of criminal justice traditionally revolves around three main components of the criminal justice system: police, courts, corrections. ...

References


  Results from FactBites:
 
2006 Employee Giving Program - Spiritual development (698 words)
At the end of September 2003, the number of women on remand was 1,062, nearly a quarter (22 per cent) of the female prison population.
Women on remand constitute one of the fastest-growing groups within the prison population: In one year between 2001 and 2002 the number of women imprisoned awaiting trial increased by 20 per cent.
In 2002 the average age of a remand prisoner was 29.
HALLEX I-4-3-1 (799 words)
Courts of appeals generally remand to the district court with directions to remand the case to the Commissioner, although occasionally, courts of appeals remand directly to the Commissioner.
A case may be remanded in conjunction with a judgment affirming, modifying or reversing the prior final decision under sentence four.
If the remand order can be processed without additional instructions from the AC, the analyst in the CCPRB will prepare a standard remand order and release the case to the hearing office (with a copy of the Court's remand attached).
  More results at FactBites »

 
 

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