But if a court makes a case-specific finding of necessity, as is required by a number of state statutes, see, e.g., Cal.Penal Code Ann. § 1347(d)(1) (West Supp.1988); Fla.Stat. § 92.54(4) (1987); Mass.Gen.Laws § 278:16D(b)(1) (1986); N.J.Stat.Ann. § 2A:84A-...
II. The State is not required to consolidate all charges within one prosecution. Iowa R.Crim.P. 6(1); State v. Cook, 261 Iowa 1341, 1348,158 N.W.2d 26, 30 (1968). Nevertheless defendant urges that the second charge here was fundamentally unfair and thus violative of the due process...
Not every state follows this distinction between theft and larceny that classifies larceny as a type of theft. In Massachusetts, for example, the crime of theft is referred to as larceny. The Massachusetts criminal code defines larceny as stealing the property of another. It can be a misdemeanor...
A dependent or neglected child proceeding is neither criminal nor penal in character with its objective being the child's best interest and welfare. It is a special proceeding. In re Interest of Chambers, 261 Iowa 31, 34,152 N.W.2d 818, 820 and Orcutt v. State,173 N.W.2d 66, 70 (...
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, in...
Subsection 232.2(5)(c)(1) implicates several interests: those of a parent in maintaining his or her family, those of the state in its capacity as parens patriae and, of course, those of the child. In dealing with these interrelationships between the parent, state and child, this court in...
standards of due process, and this protection is not to be avoided by the simple label a state chooses to fasten upon its conduct or its statute. So here this state Act whether labeled "penal" or not must meet the challenge that it is unconstitutionally vague.Id.at 402, 86 S. Ct. ...