A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Wisconsin Harvey Waiver refers to a legal provision applicable in the state of Wisconsin that limits the liability of property owners when individuals are injured on their premises during recreational activities. This waiver is named after a landmark case, Harvey v. Vogt, which resulted in a significant change in the law regarding recreational injuries in Wisconsin. The Wisconsin Harvey Waiver aims to protect landowners by allowing them to obtain waivers from visitors or participants engaging in certain recreational activities on their property. By signing this waiver, participants acknowledge the inherent risks associated with these activities and agree to release the landowner from any liability for injuries or damages that may occur as a result. Under the Wisconsin Harvey Waiver, certain activities are covered, such as hiking, cycling, fishing, hunting, canoeing, snowmobiling, skiing, and other recreational pursuits. However, it is important to note that the waiver may not apply to activities considered highly dangerous or those involving negligence or intentional harm. Different types of Wisconsin Harvey Waiver may exist based on the specific recreational activity and the involved parties. These waivers may vary in language and scope, catering to the unique circumstances of each situation. Some common types of Wisconsin Harvey Waiver include: 1. Wisconsin Harvey Waiver for Outdoor Recreation: This waiver broadly covers various outdoor activities, such as hiking, fishing, and camping, and is typically used for general recreational purposes. 2. Wisconsin Harvey Waiver for Winter Sports: This waiver is specific to activities like skiing, snowboarding, ice skating, and other winter sports and ensures that the landowner is protected from liability related to winter-specific risks. 3. Wisconsin Harvey Waiver for Water-Based Activities: This type of waiver focuses on recreational activities carried out on water bodies like boating, canoeing, kayaking, and fishing, often incorporating provisions related to boating safety and the use of appropriate equipment. It is important for both landowners and participants to thoroughly understand the terms and implications of the Wisconsin Harvey Waiver before signing. As the applicability and enforceability of waivers may vary, it is advisable to consult legal professionals when drafting or entering into such agreements to ensure compliance with Wisconsin law and protect the rights and interests of all parties involved.
