Ex Parte Wells
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Ex Parte Wells
The Taney Court (the Supreme Court of the United States under Chief Justice Roger B. Taney, 1836–1864) heard thirty criminal law cases, approximately one per year. Notable cases include ''Prigg v. Pennsylvania'' (1842), '' United States v. Rogers'' (1846), ''Ableman v. Booth'' (1858), '' Ex parte Vallandigham'' (1861), and '' United States v. Jackalow'' (1862). Like its predecessor, the Taney Court exercised only limited appellate jurisdiction in criminal cases. Like its predecessor, it heard original habeas petitions, writs of error from the state courts, and certificates of division from the circuit courts. In addition, unlike its predecessor, the Court heard two writs of error from the territorial courts and three prerogative writs of mandamus and prohibition in criminal matters. The Court denied every petition for a prerogative writ that it received, habeas or otherwise. Background The basic structure of the federal criminal system remained the same during Chief J ...
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Roger Taney - Healy
Roger is a given name, usually masculine, and a surname. The given name is derived from the Old French personal names ' and '. These names are of Germanic languages, Germanic origin, derived from the elements ', ''χrōþi'' ("fame", "renown", "honour") and ', ' ("spear", "lance") (Hrōþigēraz). The name was introduced into England by the Normans. In Normandy, the Franks, Frankish name had been reinforced by the Old Norse cognate '. The name introduced into England replaced the Old English cognate '. ''Roger'' became a very common given name during the Middle Ages. A variant form of the given name ''Roger'' that is closer to the name's origin is ''Rodger''. Slang and other uses Roger is also a short version of the term "Jolly Roger", which refers to a black flag with a white skull and crossbones, formerly used by piracy, sea pirates since as early as 1723. From up to , Roger was slang for the word "penis". In ''Under Milk Wood'', Dylan Thomas writes "jolly, rodgered" sugges ...
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Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher ...
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Habeas Corpus In The United States
In United States law, ''habeas corpus'' () is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for ''habeas corpus'' is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of ''habeas corpus'' shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws w ...
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Fugitive Slave Act Of 1850
The Fugitive Slave Act or Fugitive Slave Law was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one of the most controversial elements of the 1850 compromise and heightened Northern fears of a slave power conspiracy. It required that all escaped slaves, upon capture, be returned to the slaver and that officials and citizens of free states had to cooperate. Abolitionists nicknamed it the "Bloodhound Bill", after the dogs that were used to track down people fleeing from slavery. The Act contributed to the growing polarization of the country over the issue of slavery, and was one of the factors that led to the Civil War. Background By 1843, several hundred enslaved people a year escaped to the North successfully, making slavery an unstable institution in the border states. The earlier Fugitive Slave Act of 1793 was a Federal law that was written ...
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Fugitive Slave Laws
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution ( Article IV, Section 2, Paragraph 3). It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a j ...
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Self-help
Self-help or self-improvement is a self-guided improvement''APA Dictionary of Physicology'', 1st ed., Gary R. VandenBos, ed., Washington: American Psychological Association, 2007.—economically, intellectually, or emotionally—often with a substantial psychological basis. When engaged in self-help, people often use publicly available information or support groups, on the Internet as well as in person, where people in similar situations join together. From early examples in self-driven legal practiceSteve Salerno (2005) ''Sham: How the Self-Help Movement Made America Helpless'', pp. 24–25 and home-spun advice, the connotations of the word have spread and often apply particularly to education, business, psychology and psychotherapy, commonly distributed through the popular genre of self-help books. According to the ''APA Dictionary of Psychology'', potential benefits of self-help groups that professionals may not be able to provide include friendship, emotional support, e ...
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Fugitive Slave Clause
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "person held to service or labor" (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to their master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant. Text The text of the Fugitive Slave Clause is: As in the other references in the Constitution dealing with slavery, the words "slave" and "slavery" are not specifically used in this clause. Historian Donald Fehrenbacher believes that throughout the Constitution there was the intent to make it clear that slavery existed only under state law, not federal law. On this instance, Fehrenbacher concludes: Background Prior to the ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an ATM, but may also be for sexual assault. Children have also been kidnapped for the comm ...
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Legree
''Uncle Tom's Cabin; or, Life Among the Lowly'' is an anti-slavery novel by American author Harriet Beecher Stowe. Published in two volumes in 1852, the novel had a profound effect on attitudes toward African Americans and slavery in the U.S., and is said to have "helped lay the groundwork for the mericanCivil War". Stowe, a Connecticut-born woman of English descent, was part of the religious Beecher family and an active abolitionist. She wrote the sentimental novel to depict the reality of slavery while also asserting that Christian love could overcome slavery. The novel focuses on the character of Uncle Tom, a long-suffering black slave around whom the stories of the other characters revolve. In the United States, ''Uncle Tom's Cabin'' was the best-selling novel and the second best-selling book of the 19th century, following the Bible. It is credited with helping fuel the abolitionist cause in the 1850s. The influence attributed to the book was so great that a likely apo ...
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United States Federal Judicial District
In the U.S. federal judicial system, the United States is divided into 94 judicial districts. Each state has at least one judicial district, as do the District of Columbia and Puerto Rico. Each judicial district contains a United States district court with a bankruptcy court under its authority. There is also a United States Attorney in each district, who acts as the federal government's lawyer in the district, both prosecuting federal criminal cases and defending the government (and its employees) in civil suits against them; the U.S. Attorney is not employed by the judicial branch but by the Department of Justice, part of the executive branch. There is also a Federal Public Defender who represents people charged with federal crimes who cannot afford to hire their own lawyers; some FPDs cover more than one judicial district. Each district also has a United States Marshal who serves the court system. Three territories of the United States — the Virgin Islands, Guam, ...
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United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal criminal prosecutor in their judicial district and represents the U.S. federal government in civil litigation in federal and state court within their geographic jurisdiction. U.S. attorneys must be nominated by the President and confirmed by the Senate, after which they serve four-year terms. Currently, there are 93 U.S. attorneys in 94 district offices located throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. One U.S. attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single U.S. attorney serves both districts. Each U.S. attorney is the chief federal law enforcement officer within a specified jurisdiction, ...
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