terça-feira, 31 de março de 2015

UPHOLD THE PRINCIPLE OF FAIRNESS IN OUR CRIMINAL JUSTICE SYSTEM THROUGH THE CLEMENCY

Based on its commitment to address issues of injustice in judgment, President Obama awarded 22 commutations today people serving time in a federal prison. If they had been condemned by the current laws and policies, many of these people would have already served his time and paid his debt to society.Because many were convicted under a regime of obsolete sentence served years - in some cases more than a decade - more than individuals convicted today for the same offense.

In total, 22 commutations granted today underscore the President's commitment to use all the tools at their disposal to achieve greater justice and fairness in our justice system. We further demonstrate how the exercise of this important Instituition can remedy imbalances and correct errors in judgment. Added to its previous 21 commutations, the President has granted 43 switches in total. To put the actions of President Obama in context, President George W. Bush commuted 11 convictions in his eight years in office.
To further this progress, the President has established a leniency to encourage people who were convicted under laws and policies obsolete switch request initiative. In his address, major reforms have followed, including the enactment of new criteria for potential candidates switching to satisfy even those who pose no danger to public safety, have a clean record in prison, and have been convicted in out of date laws. The Department of Justice has raised awareness about applying switching to ensure that each federal prisoner who believe are worthy of this second invaluable opportunity have the opportunity to ask for it.
Emphasizing the responsibility that brings a switchover, the President wrote a letter to each of the 22 people who received clemency today, recognizing its potential to overcome the mistakes they made and encourage them to make good decisions moving forward.
While today's announcement represents a major advance, there is more work to delante.La Administration will continue to work to thoroughly review all requests for clemencia.Y while switching is an important tool for those seeking justice and equity in our criminal justice system, it is almost always an option of last resort, which comes after a long trial and years behind bars. That is why President Obama is committed to working with Democrats and Republicans in sensible to our criminal justice system aimed give judges greater discretion over mandatory minimum sentencing reforms. As the Department of Justice has pointed out, sometimes mandatory minimum sentences have resulted in more severe penalties for nonviolent drug offenders that many violent offenders and are not necessary for processing at this level.
Now, a major reform became law. In 2010, the President signed the Fair Sentencing Act, which reduced the disparity in the amounts of powder cocaine and crack need for the imposition of mandatory minimum sentences. The President is encouraged by the bipartisan support for improving our criminal justice system, including the promise of legislation to implement front-end changes in sentencing.It also supports bipartisan efforts to provide back-end support through education and work better training for those currently incarcerated and reforming our juvenile justice system to build on the significant reductions in the number Youth held in secure facilities.
Ensuring fairness in our criminal justice system will require ongoing efforts to invest in the types of programs that help prevent individuals turning to crime, such as education and employment, as well as changes in our sentencing laws to ensure that the punishment really fit the crime. As we work to make those improvements, the President will continue to use its authority leniency in certain cases where justice, fairness and proportionality so require, and give eligible and worthy people who have paid their debt to society the opportunity contribute in the sense ways.

terça-feira, 10 de março de 2015

The Minister of Education, Cid Gomes, assured on Monday (9), during the inauguration of the Technical School of Mamanguape Valley, the MEC will address as a priority the release of funds for the expansion of technical education in Paraíba. "We are sure that federal resources directed to the Paraíba will be well spent and will contribute to strengthening education. This school that is a model for all of Brazil is an example of that, "said the minister.


Cid Gomes highlighted the partnership between the Federal Government and the State Government in Education and to offer more opportunities for young people to enter the market with a higher income. "As the government of Ricardo Coutinho, the expansion and diversification of vocational and also the full-time enrollment in schools are priorities in government Dilma Rousseff," he said.
According to the Minister of Education, Brazilian students should have opportunities to finish high school and enter a university and also have access to vocational education. "This represents more ways and alternatives for youth and the withdrawal of the way of drugs and violence," he added.
The State Government and the Federal Government invested R $ 45 million to build six state technical schools, which were inaugurated in Bayeux, with classes begin on 23 February, and the Mamanguape in early March. The next technical school to be opened will be to João Pessoa and are also under construction in the Cajazeiras, Cuité and São Bento and there are projects to build nine technical schools in other municipalities.

Latest News - Monteagle TENNESSEE

Mere allegation is not sufficient to form the judge's conviction (allegatio et non probatio quasi non allegatio )

Moacyr Amaral dos Santos minister the teaching that:
As the mere allegation is not sufficient to form the judge's conviction (allegatio et non probatio quasi non allegatio ), there is the indispensability of proof of the fact. And given the dispute between plaintiff and defendant with reference to the fact and its circumstances, imposing therefore prove it and prove them, the problem arises of who is up to his trial. Who bears the burden of proof? This is the theme that comes down the burden of proof expression (First Lines of  Law  Civil Procedure, Publisher: Scott, 17th ed, 1995 v 2, p 343/344...).

Simples alegação não é suficiente para formar a convicção do juiz (allegatio et non probatio quasi non allegatio)

Moacyr Amaral dos Santos ministra o ensinamento de que:
Como a simples alegação não é suficiente para formar a convicção do juiz (allegatio et non probatio quasi non allegatio), surge a imprescindibilidade da prova da existência do fato. E dada a controvérsia entre autor e réu com referência ao fato e às suas circunstâncias, impondo-se, pois, prová-lo e prová-las, decorre o problema de saber a quem incumbe dar a sua prova. A quem incumbe o ônus da prova? Esse é o tema que se resume na expressão ônus da prova (Primeiras Linhas do Direito Processual Civil, Editora: Saraiva, 17ª ed., 1995, v. 2, p. 343/344).