|
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: ''" r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."'' The four essential protections included are prohibitions against, for the same offense: *retrial after an acquittal; *retrial after a conviction; *retrial after certain mistrials; and *multiple punishment Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment. "Same offense" In ''United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rodney King
Rodney Glen King (April 2, 1965June 17, 2012) was an African American man who was a victim of police brutality. On March 3, 1991, he was beaten by Los Angeles Police Department (LAPD) officers during his arrest after a pursuit for driving while intoxicated on the I-210. An uninvolved individual, George Holliday, filmed the incident from his nearby balcony and sent the footage to local news station KTLA. The footage showed an unarmed King on the ground being beaten after initially evading arrest. The incident was covered by news media around the world and caused a public furor. At a press conference, Los Angeles police chief Daryl Gates announced that the four officers involved would be disciplined for use of excessive force and that three would face criminal charges. The LAPD initially charged King with "felony evading", but later dropped the charge. On his release, he spoke to reporters from his wheelchair, with his injuries evident: a broken right leg in a cast, his face ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of . Variation in common law countries is the peremptory plea, which may take the specific forms of ('previously acquitted') or ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle ('not twice against the same'). Availability as a legal defence If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries certain exemptions are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state without discrimination or repression. Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as sex, race, sexual orientation, national origin, color, age, political affiliation, ethnicity, social class, religion, and disability; and individual rights such as privacy and the freedom of thought, speech, religion, press, assembly, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of associati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Death Claim
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, losses, and suffering they've suffered after losing a loved one. Types of wrongful death claims Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. Common law jurisdictions In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.22A Am. Jur. 2d Death § 1. Under common law, a dead person cannot brin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LAPD
The Los Angeles Police Department (LAPD), officially known as the City of Los Angeles Police Department, is the municipal police department of Los Angeles, California. With 9,974 police officers and 3,000 civilian staff, it is the third-largest municipal police department in the United States, after the New York City Police Department and the Chicago Police Department. The LAPD has its headquarters at 100 W. 1st St., in the Civic Center district, not far from the demolished Parker Center it replaced in 2009. The organization of the department is complex, including 21 divisions (stations) grouped in four bureaus in the Office of Operations; multiple divisions within the Detective Bureau in the Office of Special Operations; and specialized units such as SWAT, K-9, mounted police, air support and the Major Crimes Division all within the Counterterrorism and Special Operations Bureau. Further offices support the chief of police in areas such as constitutional policing and profes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Los Angeles
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world's most populous megacities. Los Angeles is the commercial, financial, and cultural center of Southern California. With a population of roughly 3.9 million residents within the city limits , Los Angeles is known for its Mediterranean climate, ethnic and cultural diversity, being the home of the Hollywood film industry, and its sprawling metropolitan area. The city of Los Angeles lies in a basin in Southern California adjacent to the Pacific Ocean in the west and extending through the Santa Monica Mountains and north into the San Fernando Valley, with the city bordering the San Gabriel Valley to it's east. It covers about , and is the county seat of Los Angeles County, which is the most populous county in the United States with an estim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harry Aleman
Harry "The Hook" Aleman (January 19, 1939 – May 15, 2010) was a Chicago mobster who was one of the most feared enforcers for the Chicago Outfit during the 1970s. Aleman got the nickname "Hook" from his boxing career in high school. He is also famous for being the only person in the United States ever to be acquitted of murder, then legally tried and convicted for murder when the initial trial was found to be corrupt. This is not considered a case of double jeopardy as the initial trial was found to be corrupt; the Chicago judge was recruited specifically to acquit Aleman during a bench trial. Early life Born in the Taylor Street area of Chicago, Aleman was the first of three sons of Louis Aleman and Mary Virginia Baratta. The legendary Taylor Street was the port-of-call for Chicago's Italian Americans. Aleman was a nephew of future Chicago Outfit acting mob boss Joseph Ferriola and uncle to Joseph Aleman. Aleman's mother was Italian, his father a native of Durango, Durang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
