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Collateral Consequences Of Criminal Charges
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishments
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the Euro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racial Inequality In The United States
Racial inequality in the United States identifies the social inequality and advantages and disparities that affect different races within the United States. These can also be seen as a result of historic oppression, inequality of inheritance, or racism and prejudice, especially against minority groups. There are vast differences in wealth across racial groups in the United States. The wealth gap between Caucasian and African-American families nearly tripled from $85,000 in 1984 to $236,500 in 2009. There are many causes, including years of home ownership, household income, unemployment, education, and inheritance. Under slavery in the United States, African Americans were treated as property. After the American Civil War, Black sharecroppers became trapped in debt. African Americans were rarely able to homestead. The Freedman's Bank failed, losing many Black assets. Exclusions from Social Security disproportionately affected African Americans. Savings were spent for retirement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minority Group
The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals is therefore the 'minority'. However, in terms of sociology, economics, and politics; a demographic which takes up the smallest fraction of the population is not necessarily the 'minority'. In the academic context, 'minority' and 'majority' groups are more appropriately understood in terms of hierarchical power structures. For example, in South Africa during Apartheid, white Europeans held virtually all social, economic, and political power over black Africans. For this reason, black Africans are the 'minority group', despite the fact that they outnumber white Europeans in South Africa. This is why academics more frequently use the term 'minority group' to refer to a category of people who experience relative disadvantage as c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice. The commission also mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC is also empowered to file civil discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies. Since 2021, the chair of the EEOC is Charlotte Burrows. Process and enforcement Authority The EEOC has the authority to investigate and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Padilla V
Padilla may refer to: Places * Padilla Municipality, Tamaulipas, in the Mexican state of Tamaulipas * Padilla, Cauca, in Colombia * Padilla, Bolivia * Moises Padilla, Negros Occidental, in the Philippines * Padilla Bay, in the U.S. state of Washington * Padilla de Abajo, in Spain * Padilla de Arriba, in Spain Other uses * Padilla (surname) * '' Padilla v. Kentucky'', a United States Supreme Court case pertaining to the immigration consequences faced by lawful permanent residents who are convicted of crimes, and their rights to be warned of those consequences * ''Rumsfeld v. Padilla'', a United States Supreme Court case pertaining to the War on Terror and defendant José Padilla * Padilla (cigar brand) Ernesto Padilla (born 1972 in Havana, Cuba) is a Cuban-American artist, graphic designer and cigar maker. He is the son of Cuban poet, Heberto Padilla. Early life Padilla was born to Heberto Padilla, a Cuban writer and poet, and his wife, the ..., a brand of cigars launched in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Permanent Residence (United States)
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Immigr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Duty
Jury duty or jury service is service as a juror in a legal proceeding. Juror selection process The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specific number of arbitrary dismissals, or unconditional peremptory challenge, which does not require specific reasons. The judge can also dismiss potential jurors. Some courts had been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct ''voir dire'' ''in camera'' (i.e., in private). In the United States, there have also been Fifth Amendment challenges and medical privacy (e.g., HIPAA) objections to this. Australia Australia uses an adversarial system, and potential jurors are randomly selected from an electoral roll. Jurors receive a small payment for each day of attendance. Employers are also required to pay their employees "make-up pay", that is, the usual pay the employee would have earned from working, les ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prison Voting
Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting. Based on age Most countries or regions set a minimum voting age, and disenfranchise all citizens younger than this age. The most common voting age is 18, though some countries have minimum voting ages set as young as 16 or as old as 21. Based on residence or ethnicity A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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