|
Blanton V. City Of North Las Vegas
''Blanton v. North Las Vegas'', 489 U.S. 538 (1989), is a United States Supreme Court case clarifying the limitations of the right to jury trial, trial by jury. Background Melvin R. Blanton was charged with driving under the influence of alcohol. His petition for a jury trial was denied and he was instead given a bench trial. Blanton appealed, arguing that his Sixth Amendment to the United States Constitution, Sixth Amendment right to trial by jury had been violated. Opinion of the Court The Court ruled that Blanton did not have the right to a jury trial because the crime he was charged with was "petty" because it carries a maximum prison term of six months or less. The Court went on to elaborate: "we do find it appropriate to presume for purposes of the Sixth Amendment that society views such an offense as 'petty.' A defendant is entitled to a jury trial in such circumstances only if he can demonstrate that any additional statutory penalties, viewed in conjunction with the maximu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |