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Science Forum Index » Language Translation Forum » EN-DE [bindove, ther (NOT: bind over, to)]...
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| Peter Berner... |
Posted: Thu May 08, 2008 7:51 am |
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Hi, any experts in criminal law (USA) on board?
Hallo! Irgendwelche Experten für US-Strafrecht an Bord?
Query / Frage
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EN-US: bindover > DE-CH: Auflage?
| "... nachdem im Falle eines Kapitalverbrechens eine
| Anklage oder ein [bindover] vorliegt, ..."
Field / Gebiet: Judicature (USA) / Rechtspflege (USA)
Subject / Thema: arraignment / Anklage *)
*) Verlesung der Anklageschrift, erste Anhörung,
Festsetzung eines Prozesstermins etc.)
Bisher gefunden / Found so far
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http://dict.leo.org
http://dict.tu-chemnitz.de/
No matches.
http://woerterbuch.reverso.net/englisch-deutsch/
Bind over > to place (a person) under a legal
obligation (..., such as one to keep the peace)
Eine Person einer gesetzlichen Verpflichtung
unterstellen
Kind regards,
Peter |
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| Marco Pagliero... |
Posted: Thu May 08, 2008 7:51 am |
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On 8 Mai, 14:51, "Peter Berner" <peter_m_ber... at (no spam) bluewin.ch> wrote:
Quote: http://woerterbuch.reverso.net/englisch-deutsch/
Bind over > to place (a person) under a legal
obligation (..., such as one to keep the peace)
Eine Person einer gesetzlichen Verpflichtung
unterstellen
http://en.wikipedia.org/wiki/Bind_over
It is not well explained and beside that it is restricted to England
and Wales, but yes, it sounds like Auflage or maybe Bewährung.
Also:
http://www.thefreedictionary.com/bind+over
http://encyclopedia.farlex.com/bind+over
I can imagine a judge saying: "Versprechen Sie, nie wieder Ihre Frau
zu erschiessen? Ja? Na jut, dann könnse jehen."
Marco P |
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| Peter Berner... |
Posted: Thu May 08, 2008 11:26 am |
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"Marco Pagliero" <martesi at (no spam) web.de> wrote
Quote: [...] it sounds like Auflage or maybe Bewährung.
Thanks for your suggestions and the links, Marco.
Peter |
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| Edward Hennessey... |
Posted: Thu May 08, 2008 12:05 pm |
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Peter Berner wrote:
Quote: Hi, any experts in criminal law (USA) on board?
Hallo! Irgendwelche Experten für US-Strafrecht an Bord?
Query / Frage
******************************
EN-US: bindover > DE-CH: Auflage?
"... nachdem im Falle eines Kapitalverbrechens eine
Anklage oder ein [bindover] vorliegt, ..."
Field / Gebiet: Judicature (USA) / Rechtspflege (USA)
Subject / Thema: arraignment / Anklage *)
*) Verlesung der Anklageschrift, erste Anhörung,
Festsetzung eines Prozesstermins etc.)
Bisher gefunden / Found so far
************************
http://dict.leo.org
http://dict.tu-chemnitz.de/
No matches.
http://woerterbuch.reverso.net/englisch-deutsch/
Bind over > to place (a person) under a legal
obligation (..., such as one to keep the peace)
Eine Person einer gesetzlichen Verpflichtung
unterstellen
Kind regards,
Peter
PB:
When a preliminary hearing determines that sufficient evidence
exists to support
that some crime was committed and the defendant may have committed
it, the case and
the defendant are bound over--or ordered-- to a full adversarial
trial on the charge
or charges.
In the interim between said hearing and trial, a judge has many
options regarding the
defendant. He can order him kept in jail. He can release him on
his own recognizance or
promise to appear. And he can allow him to post bail, in which
case the accused can
put up the bail money or buy a bail bond guaranteeing its payment
in the event he fails to appear
for trial. Failure to appear would also see an order issued for
the arrest of the defendant.
It is tempting to infer that being "bound over" has something to
do with the defendant
as bound in the sense of being secured either by a jail bars, a
promise to appear, bail or a
bail bond before he goes to trial. Also inviting is the notion
that the accused may be necessarily
bound by the judge not to do certain things during any release
before trial. I think that
however attractive these ideas are for enumeration of the meanings
of bound, further
research will not vindicate their pertinence here. But this does
help confuse things.
Different American jurisdictions have different structures and
rules of court. Most familiarly,
arraignment comes before a preliminary hearing which can be
followed by a trial. If
you have more context about the language and procedural setting of
your translation source,
it may be worth divulging.
I both hope this helps with discussion of the topic as I hope to
see you here again
as a contributor.
Regards,
Edward Hennessey |
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| Edward Hennessey... |
Posted: Thu May 08, 2008 12:53 pm |
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Edward Hennessey wrote:
Quote: Peter Berner wrote:
Hi, any experts in criminal law (USA) on board?
Hallo! Irgendwelche Experten für US-Strafrecht an Bord?
PB:
You know, when you open a shortened Outlook Express window before
the second cup
of coffee hits the brainstem, sometimes you don't see
parenthetical things, like the designation
"NOT". I laugh at myself and apologize. Well, at least we've
covered one aspect of "bind over"
for the archives.
Here is a good PDF on the Bindover Procedure as elaborated in
Ohio:
http://www.lsc.state.oh.us/membersonly/bindover.pdf
Regards,
Edward Hennessey |
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| Peter Berner... |
Posted: Thu May 08, 2008 4:27 pm |
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"Edward Hennessey" <halozzyzxhaloMINUS123 at (no spam) yahoo.com>
wrote:
Thanks for the lecture and the link. We'll see, Edward.
Another suggestion for bindover was "Untersuchungshaft" (remand)
which seems not to be a 'procedure' itself but just may be ordered
in an initial hearing as one of the judge's options you have mentioned.
Hence a bindover would mean an ordered and executed remand.
(Remember: I am not talking about a "bind over")
Any comments or - objections? ;-)
Peter |
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| Edward Hennessey... |
Posted: Thu May 08, 2008 11:27 pm |
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Peter Berner wrote:
Quote: "Edward Hennessey" <halozzyzxhaloMINUS123 at (no spam) yahoo.com
wrote:
[...]
Here is a good PDF on the Bindover Procedure as elaborated
in Ohio: http://www.lsc.state.oh.us/membersonly/bindover.pdf
Thanks for the lecture and the link. We'll see, Edward.
Another suggestion for bindover was "Untersuchungshaft" (remand)
which seems not to be a 'procedure' itself but just may be
ordered
in an initial hearing as one of the judge's options you have
mentioned.
Hence a bindover would mean an ordered and executed remand.
(Remember: I am not talking about a "bind over")
PB:
You are welcome.
This one was staring us right in the face. Bindover in fact
involves
"binding over"... with a twist.
Most often, minors accused of felony or high misdemeanor offenses
against persons
or property are subject to having their cases transferred to adult
court. Your first
post had arraignment as its thema, so in the referenced
jurisdiction, that is likely where the
following processes can occur.
One, the jurist can independently decide to try crimes at the
juvenile level.
Or, in the "judicial waiver" scenario, the juvenile judge may
excercise his discretion and waive his
jurisdiction, "binding over"the matter for trial as an adult
matter.
By the way, if German has a term that poses the same kind of
confounding counterword difficulties as
remand, I would avoid it even though remand is correct as a verb
in this context. "Transfer" advisably, is used
three times more than remand in this connection.
Two, The law may endow the prosecutor with the sole discretion to
file the case in either the juvenile
or adult court systems. This is called "direct file".
Three, crimes of a particular kind are statutorily excluded from
juvenile court, so these issues are
immediately removed to adult court.
Those are the main determinant mechanisms in this situation. Minor
procedures that come into play
may involve waivers based on prior deliquency and crimes or the
assertion of a presumptive waiver which
puts the burden on the juvenile to prove that he is suited to
rehabilitation in order to avoid trial under the adult system.
I hope that helps.
Regards,
Edward Hennessey |
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| Peter Berner... |
Posted: Fri May 09, 2008 4:12 am |
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Thank you, Edward, but let's come back to my concern:
Ich am searching for a definition of "bindover" and I think
"ich bin so schlau als wie zuvor" (I do knot know much
more abou the subject)..
In the first place I didn't find an explanation of the term in
Webster's Conchise Dictionary.
Then I did try some law related dictionaries and glossaries.
No such entries found.
I also did ask the www.proz.com community where I've
got same Juvenile link and a not yet confirmed defintion
(bindover > Untersuchungshaft anordnen which means,
in my own words to be well understood: a judge does
or did order, that defendat must be brought into or kept
in a jail during investigations *and* until a conviction on
whether the boy is guilty or not.
As a definition (maybe there are others too), is that an
appropriate one?
If not, what would an US lawyer's definition, related to
the mentioned German description - which would be
youst one definition - be?
Now I also have studied Ohio's Juvenile Bindover Law.
I understand the procedures (mandatory and permisive)
but not yet, what "bindover" really means.
Do you know a glossary which explains US law terms?
Gess this would help a lot.
Other considerations by US law experts?
Peter
PS: I apologize for not being - let's say too fluent in such
matter. Native German speaker but not a bilingual one. |
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| Einde O'Callaghan... |
Posted: Fri May 09, 2008 9:04 am |
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Peter Berner wrote:
Quote: Thank you, Edward, but let's come back to my concern:
Ich am searching for a definition of "bindover" and I think
"ich bin so schlau als wie zuvor" (I do knot know much
more abou the subject)..
In the first place I didn't find an explanation of the term in
Webster's Conchise Dictionary.
Then I did try some law related dictionaries and glossaries.
No such entries found.
I also did ask the www.proz.com community where I've
got same Juvenile link and a not yet confirmed defintion
(bindover > Untersuchungshaft anordnen which means,
in my own words to be well understood: a judge does
or did order, that defendat must be brought into or kept
in a jail during investigations *and* until a conviction on
whether the boy is guilty or not.
As a definition (maybe there are others too), is that an
appropriate one?
If not, what would an US lawyer's definition, related to
the mentioned German description - which would be
youst one definition - be?
Now I also have studied Ohio's Juvenile Bindover Law.
I understand the procedures (mandatory and permisive)
but not yet, what "bindover" really means.
Do you know a glossary which explains US law terms?
Gess this would help a lot.
Other considerations by US law experts?
www.wordwebonline.com gives the following definition:
Verb: bind over bInd 'owvu(r)
1. Order a defendant to be placed in custody pending the outcome of
a proceedings against him or her
"The defendant was bound over for trial"
Derived forms: bound over, binds over, binding over
This would seem to the equivalent of placing somebody in "U-Haft". This
is quite different from the usage given in Wikipedia, which refers to
the power of magistrates in England and Wales to make a civil order
committing the defendant (or another person) to abstain from a
particular type of (often violent) conduct: "to bind somebody over to
keep the peace".
Regards, Einde O'Callaghan |
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| Peter Berner... |
Posted: Fri May 09, 2008 10:46 am |
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"Einde O'Callaghan" <einde.ocallaghan at (no spam) planet-interkom.de>
wrote:
Quote: www.wordwebonline.com gives the following definition:
Verb: bind over bInd 'owvu(r)
1. Order a defendant to be placed in custody pending the
outcome of a proceedings against him or her.
"The defendant was bound over for trial"
Derived forms: bound over, binds over, binding over
This would seem to the equivalent of placing somebody in
"U-Haft". This is quite different from the usage given in Wiki-
pedia, which refers to the power of magistrates in England
and Wales to make a civil order committing the defendant
(or another person) to abstain from a particular type of (often
violent) conduct: "to bind somebody over to keep the peace".
Regards, Einde O'Callaghan
Thank you, Einde. And nice 'Pfingsten' (Whitsun Holidays)! |
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| Edward Hennessey... |
Posted: Fri May 09, 2008 12:54 pm |
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Peter Berner wrote:
Quote: Thank you, Edward, but let's come back to my concern:
Ich am searching for a definition of "bindover" and I think
"ich bin so schlau als wie zuvor" (I do knot know much
more abou the subject)..
In the first place I didn't find an explanation of the term in
Webster's Conchise Dictionary.
Then I did try some law related dictionaries and glossaries.
No such entries found.
PB:
Let distill the most pertinent kernel from what was said above.
In the juvenile system, a "judicial waiver" is sometimes called
a "bindover" or "bindover procedure" because the juvenile
is bound over for trial as an adult. Certainly there are other
procedures that "bind over" a juvenile for trial in this way.
But since the orignial method of doing this was a "judicial
waiver", the name "bindover" stuck to it.
I can't help you with the German, But you are looking for a
translation
of "judicial waiver" of right to trial as a juvenile.
Time for me to run. I hope that helps.
Don't worry about your English, it's very understandable.
I hope to see you here in our discussions.
Regards,
Edward Hennessey
..
Quote:
I also did ask the www.proz.com community where I've
got same Juvenile link and a not yet confirmed defintion
(bindover > Untersuchungshaft anordnen which means,
in my own words to be well understood: a judge does
or did order, that defendat must be brought into or kept
in a jail during investigations *and* until a conviction on
whether the boy is guilty or not.
As a definition (maybe there are others too), is that an
appropriate one?
If not, what would an US lawyer's definition, related to
the mentioned German description - which would be
youst one definition - be?
Now I also have studied Ohio's Juvenile Bindover Law.
I understand the procedures (mandatory and permisive)
but not yet, what "bindover" really means.
Do you know a glossary which explains US law terms?
Gess this would help a lot.
Other considerations by US law experts?
Peter
PS: I apologize for not being - let's say too fluent in such
matter. Native German speaker but not a bilingual one. |
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| Peter Berner... |
Posted: Fri May 09, 2008 4:59 pm |
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"Edward Hennessey" said:
Quote: [...] I hope that helps.
Definitely! Thanks again!
Quote: Don't worry about your English, it's very understandable.
Nice to hear that... ;-)
Quote: I hope to see you here in our discussions.
We will see.
So long cowboy!
Peter |
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