Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code of Civil Procedure for failing to notify the court of an administrative error?

MultiRegion, United States of America

The following excerpt is from United States v. Bert, 801 F.3d 125 (2nd Cir. 2015):

Furthermore, under a regime that limited the more severe sanction exclusively to cases of intentional misconduct, criminal defendants would have little incentive to alert the court to administrative oversights that held no conceivable promise of precluding reprosecution. See Barker v. Wingo, 407 U.S. 514, 521, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) (noting [d]elay is not an uncommon defense tactic); accord Caparella, 716 F.2d at 981 ([A] defendant might find it advantageous to play a waiting game hoping, for example, that government witnesses may disappear or become forgetful.). The complacency of criminal defendants would not, however, further the purposes of the Act, which serves not only to protect defendants, but also to vindicate the public interest in the swift administration of justice. Bloate v. United States, 559 U.S. 196, 211, 130 S.Ct. 1345, 176 L.Ed.2d 54 (2010).

Other Questions


Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code Act for failing to report an administrative error? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code for failing to report an administrative error? (MultiRegion, United States of America)
What is the test for determining whether a defendant can be found guilty of a charge under Rule 11 of the Civil Code of Civil Procedure for failing to attend a hearing? (MultiRegion, United States of America)
Can a party be found guilty of a wilful violation of section 362(a) of the Civil Code of Civil Procedure for failing to comply with the automatic stay of a motion by the Court of Appeal? (MultiRegion, United States of America)
What are the requirements for city officials to be found guilty of civil rights violations under the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does a party charged as a co-principal under Section 2(b) of the Civil Code of Civil Procedure have to be found guilty of criminal conspiracy to pervert the course of justice? (MultiRegion, United States of America)
What is the test for a defendant to be found guilty of a series of criminal charges under New York State Public Prosecutions for failing to comply with the requirements of the Criminal Prosecution Service? ("New York", United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
In what circumstances can a private defendant be found liable under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.