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Doyle V. Ohio
''Doyle v. Ohio'', 426 U.S. 610 (1976), is a United States Supreme Court case regarding the Due Process rights of the Fourteenth Amendment. Holding The Supreme Court held that the criminal defendant's silence in response to a Miranda warning cannot be used to impeach them during cross examination. In 1980 a similar case, '' Jenkins v. Anderson'', reached the Supreme Court, its ruling distinguishing it from ''Doyle''. The Court ruled that the prosecution is permitted to exploit as inculpatory evidence a defendant's failure to disclose an exculpatory testimony eventually presented in trial as defense, to government officials such as police in a prompt manner before the arrest. The petitioner in this case had committed murder and, weeks later, confessed to the crime but, in the process, embroidered the narrative by claiming self-defense as the justification. The prosecution mooted this during trial as evidence of guilt and perjury. After habeas corpus relief, the Supreme Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miranda Warning Case Law
Miranda may refer to: Law * ''Miranda v. Arizona'', an American legal case * Miranda warning, ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoáteg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Burger Court
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 426
This is a list of all the United States Supreme Court cases from volume 426 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 426 1976 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. To ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The U
Fifth is the ordinal form of the number five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth disease, a contagious rash that spreads in school-aged children * Fifth force, a proposed force of nature in addition to the four known fundamental forces * Fifth (Stargate), a robotic character in the television series ''Stargate SG-1'' * Fifth (unit), a unit of volume used for distilled beverages in the U.S. * Fifth-generation programming language * The fifth in a series, or four after the first: see ordinal numbers * 1st Battalion, 5th Marines * The Fraction 1/5 * The royal fifth (Spanish and Portuguese), an old royal tax of 20% Music * A musical interval (music); specifically, a ** perfect fifth ** diminished fifth ** augmented fifth * Quintal harmony, in which chords concatenate fifth intervals (rather than the third intervals of tertian harmony) * Fifth (cho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Trial
Public trial or open trial is a trial that is open to the public, as opposed to a secret trial. It should not be confused with a show trial. United States The Sixth Amendment to the United States Constitution establishes the right of the accused to a public trial. The right to a public trial is strictly enforced, but is not absolute. Trials may in exceptional cases be regulated. Closures are decided case-by-case by the judge evaluating a claimed danger to a substantial or legitimate public interest. But whatever the interest at stake, the likelihood of danger to that interest must meet a "‘substantial probability’ test". Examples of cases presenting closure issues include organized crime cases (overall security concerns), rape cases (decency concerns), juvenile cases,Overview of the Sixth Amendment rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the ''Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, investig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
