Blakely V. Washington
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Blakely V. Washington
''Blakely v. Washington'', 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant. The landmark nature of the case was alluded to by Justice Sandra Day O'Connor, who characterized the decision as a "Number 10 earthquake". Background of the case Ralph Howard Blakely was born in 1936; he started his criminal career in 1954.http://www.columbiabasinherald.com/articles/2005/03/23/news/news02.txt Blakely married his wife in 1973. During the Blakely's 20-plus-year marriage, Mr. Blakely was involved in 80 or more lawsuits covering irrigation water rights, as well as crimes of assault, shoplifting, and many others. When his wife filed for divorce in 1996, Blakely kidnapped her from her home in rural Grant County, Washington, at knifepoint, forced her into a wooden box in the ...
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Grant County, Washington
Grant County is a county located in the U.S. state of Washington. As of the 2020 census, the population was 99,123. The county seat is Ephrata, and the largest city is Moses Lake. The county was formed out of Douglas County in February 1909 and is named for U.S. President Ulysses S. Grant. Grant County comprises the Moses Lake, WA Micropolitan Statistical Area, which is also part of the Moses Lake-Othello, WA Combined Statistical Area. History Native American cultures in the area included the Interior Salish, Wenatchi, and Okanagan. The first white settlers began to arrive in the mid-to-late-19th century, primarily with the goal of raising livestock. One government official described the area in 1879 as, "…a desolation where even the most hopeful can find nothing in its future prospects to cheer." When railroads arrived they also brought new settlers, and the economy began a shift from ranching to dryland farming. This transition required the people to have ready access ...
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Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the north. It is the fourth-largest state by area, the eighth-least populous state, and the third-least densely populated state. Its state capital is Helena. The western half of Montana contains numerous mountain ranges, while the eastern half is characterized by western prairie terrain and badlands, with smaller mountain ranges found throughout the state. Montana has no official nickname but several unofficial ones, most notably "Big Sky Country", "The Treasure State", "Land of the Shining Mountains", and " The Last Best Place". The economy is primarily based on agriculture, including ranching and cereal grain farming. Other significant economic resources include oil, gas, coal, mining, and lumber. The health ca ...
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Cunningham V
Cunningham is a surname of Scottish origin, see Clan Cunningham. Notable people sharing this surname A–C *Aaron Cunningham (born 1986), American baseball player *Abe Cunningham, American drummer * Adrian Cunningham (born 1960), Australian archivist *Alan Cunningham, British Second World War general *Alexander Cunningham (1814–1893), British archaeologist, father of the Archaeological Survey of India *Alexander Cunningham, 1st Earl of Glencairn (1426–1488), a Scottish nobleman *Alexander Cunningham, 5th Earl of Glencairn (died 1574), a Scottish nobleman and covenanter * Alfred Austell Cunningham, American aviation pioneer * Allan Cunningham (other) or Allen Cunningham, several people *Andrew Cunningham, 1st Viscount Cunningham of Hyndhope, British Second World War admiral *Andrew Cunningham (other) or Andy Cunningham, several people * Archibald Cunningham (1879–1915), Scottish footballer *Bert Cunningham (1865–1962), American baseball player *Bertram ...
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People V
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of per ...
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California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Federal Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions. Although the Guidelines were initially styled as mandatory, the US Supreme Court's 2005 decision in '' United States v. Booker'' held that the Guidelines, as originally constituted, violated the Sixth Amendment right to trial by jury, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After ''Booker'' and other Supreme Court cases, such as '' Blakely v. Washington'' (2004), the Guidelines are now considered advisory only. Federal judges ( state judges are not affected by the Guidelines) must calculate the guidelines and consider them when determining a sentence, but are not requir ...
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Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness *Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales According to h ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ...
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Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ...
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Chicago-Kent College Of Law
Chicago-Kent College of Law is the law school affiliated with the Illinois Institute of Technology. It is the second oldest law school in the state of Illinois. It is ranked 91st among U.S. law schools, and its trial advocacy program is ranked in 2015 by ''U.S. News & World Report'' as the fourth best program in the U.S. According to Chicago-Kent's 2014 American Bar Association-required disclosures, 85% of the 2014 class secured a position six months after graduation. Of these 248 employed graduates, 172 were in positions requiring passage of the bar exam. Rankings and honors The 2022 edition of ''U.S. News & World Report'' ranked Chicago-Kent College of Law: #91st Nationally #10th Intellectual Property Law #19th Part-time Law #4th Trial Advocacy #3rd highest rank in Chicago Area Recent Leiter's Law School Rankings placed the law school: *37th Based on Faculty Quality, 2003-04 (tie) *30th Top 50 Faculties: Per Capita Productivity of Books and Articles, 2000–02 Vault's 2007 Top ...
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Oyez Project
The Oyez Project at the Illinois Institute of Technology's Chicago-Kent College of Law is an unofficial online multimedia archive of the Supreme Court of the United States, especially audio of oral arguments. The website "aims to be a complete and authoritative source for all audio recorded in the Court since ../nowiki> October 1955."About Oyez
Oyez.org
The website also includes biographical information of both incumbent and historical of the Court and advocates who have argued before the court. The website was founded by Jerry Goldman, a research professor of law at the