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Dual Sovereignty Doctrine
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] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Green V
Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 nm. In subtractive color systems, used in painting and color printing, it is created by a combination of yellow and cyan; in the RGB color model, used on television and computer screens, it is one of the additive primary colors, along with red and blue, which are mixed in different combinations to create all other colors. By far the largest contributor to green in nature is chlorophyll, the chemical by which plants photosynthesize and convert sunlight into chemical energy. Many creatures have adapted to their green environments by taking on a green hue themselves as camouflage. Several minerals have a green color, including the emerald, which is colored green by its chromium content. During post-classical and early modern Europe, green was the color commonly associated with wealth, merchants, bankers, and the gentry, while red was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breed V
A breed is a specific group of domestic animals having homogeneous appearance (phenotype), homogeneous behavior, and/or other characteristics that distinguish it from other organisms of the same species. In literature, there exist several slightly deviating definitions. Breeds are formed through genetic isolation and either natural adaptation to the environment or selective breeding, or a combination of the two. Despite the centrality of the idea of "breeds" to animal husbandry and agriculture, no single, scientifically accepted definition of the term exists. A breed is therefore not an objective or biologically verifiable classification but is instead a term of art amongst groups of breeders who share a consensus around what qualities make some members of a given species members of a nameable subset. Another point of view is that a breed is consistent enough in type to be logically grouped together and when mated within the group produce the same type. When bred together, indiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cook County, Illinois
Cook County is the most populous county in the U.S. state of Illinois and the second-most-populous county in the United States, after Los Angeles County, California. More than 40% of all residents of Illinois live within Cook County. As of 2020, the population was 5,275,541. Its county seat is Chicago, the most populous city in Illinois and the third-most-populous city in the United States. Cook County was incorporated in 1831 and named for Daniel Pope Cook, an early Illinois statesman. It achieved its present boundaries in 1839. Within one hundred years, the county recorded explosive population growth going from a trading post village with a little over 600 residents to four million citizens, rivalling Paris by the Great Depression. During the first half of the 20th century it had the absolute majority of Illinois's population. There are more than 800 local governmental units and nearly 130 municipalities located wholly or partially within Cook County, the largest of whic ... [...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] |
Burks V
Burks is a surname. Notable people with the name include: *Alec Burks (born 1991), American basketball player who plays shooting guard and currently plays for the Utah Jazz in the NBA *Antonio Burks (basketball, born 1980) (born 1980), American basketball player who plays point guard and has played in the NBA * Antonio Burks (basketball, born 1982), American basketball player who plays guard-forward and has played in the ABA *Arthur Burks (1915-2008), American mathematician and computer scientist who worked on the ENIAC * Barbara Stoddard Burks (1902–1943), American psychologist * Charlotte Burks (born 1942), American politician * Edward C. Burks (1821-1897), an associate justice of the Supreme Court of Virginia *Ellis Burks (born 1964), American baseball player *Gregory Burks (born 1980), American former professional basketball player * Jewel Burks, American tech entrepreneur and venture capitalist * Marion E. Burks (1912-1989), American judge and politician *Martin P. Burks (18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment Notwithstanding Verdict
Judgment notwithstanding the verdict, also called judgment ''non obstante veredicto'', or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict. In U.S. federal criminal cases, the term is "judgment of acquittal". In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict. The rarely-granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. A judge may not enter a JNOV of "guilty" following a jury acquittal in United States criminal cases. Such an action would violate a defendant's Fifth ... [...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] |
Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Dismissal
Involuntary dismissal is the termination of a court case despite the plaintiff's objection. In United States federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b). Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss. Involuntary dismissal is a punishment that courts may use when a party to a case is not acting properly. Other punishments are found in FRCP Rule 11, Federal Rules of Appellate Procedure Rule 38, sections 1927 and 1912 of Title 28 United States Code, and inherent powers of the court. Involuntary dismissal bars the case from being brought to court again, unless the judge says otherwise. State court rules may be different from the Federal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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