|
Federal Speedy Trial Act Of 1974
The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, ), establishes time limits for completing the various stages of a federal criminal prosecution. Procedural time limits The Act establishes time limits for completing the various stages of federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons. Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. Moreover, in order to ensure that defendants are not rushed to trial without an adequate opportunity to prepare, Congress amended the Act in 1979 to provide a minimum time period during which trial may not commence. Thus, the Act provides that trial may not begin less than 30 days from the date the defendant first appears in court unless the defendant agrees in writi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial Clause
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial. History In ''Barker v. Wingo'' (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case. Within these parameters, it was determined that the five-year wait for this case to go trial was not in violation of the Constitution. In response, in 1974, Congress passed the Speedy Trial Act. This Speedy trial clause protects defendants from waiting more than a certain amount of time for a trial. Speedy trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1974 In Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the invasion and occupation of northern Cyprus by Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of West Germany Willy Brandt resigned following an espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the FIFA World Cup in West Germany, in which the German national team won the championship title, as well as The Rumble in the Jungle, a boxing match between Muhammad Ali and George Foreman in Zaire. Events January–February * January 26 – Bülent Ecevit of CHP forms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Judiciary Legislation
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 Criminal Procedure
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, Federal government of the United States, federal and U.S. state, state statutes; federal and state rules of criminal procedure (such as the Federal Rules of Criminal Procedure); and state and federal case law. Criminal procedures are distinct from United States civil procedure, civil procedures in the United States of America, US. Sources of law U.S. Constitution The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment. *Article Three of the Unite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Criminal Legislation
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] |
Doggett V
Doggett may refer to : Places * 6363 Doggett (1981 CB1), a main-belt asteroid discovered in 1981 *Doggetts Fork, Virginia, an unincorporated community in the US state of Virginia People *Bill Doggett (1916–1996), US jazz and rhythm and blues pianist and organist * David Seth Doggett (1810-1880), US Bishop of the Methodist Episcopal Church * Derrick Doggett (born 1984), Canadian professional football player *Jerry Doggett (1916–1997), US sports broadcaster *John Doget (died 1501), English diplomat, scholar and Renaissance humanist. *John Doggett (columnist) (f. 1990s-present), US political commentator * John Doggett (politician) (1723-1772), Nova Scotia political figure *Lloyd Doggett (born 1946), US politician from Texas * Marjorie Doggett (1921-2010), animal rights activist in Singapore *Ruth Doggett (1881–1974), English artist * Samuel Doggett (1871-1935), American jockey *Thomas Doggett (ca. 1640–1721), Irish actor Other uses *''Doggett v. United States'', a 1992 case th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barker V
Barker may refer to: Occupations * Barker (occupation), a person who attempts to attract patrons to entertainment events * Barker (coachbuilder), a builder of horse-drawn coaches and later of bodywork for prestige cars * a person who strips tanbark from trees to supply bark mills People * Barker (surname), a list of people *Barker Burnell (1798–1843), U.S. Representative from Massachusetts *Barker Fairley (1887–1986), British-Canadian painter and scholar of German literature Places Antarctica *Barker Range, Victoria Land, a mountain range * Barker Peak, off the coast of Victoria Land *Barker Bank, Graham Land, a marine bank * Barker Nunatak, Palmer Land Australia *Division of Barker, an Electoral Division in South Australia for the Australian House of Representatives *Mount Barker (South Australia) *Barker Inlet, South Australia *Barker River, Western Australia * Barker Passage, Western Australia, a water channel United States *Barker, Broome County, New York, a town * Bark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ... [...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] |
Information (formal Criminal Charge)
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
(c).jpg "Click for more on -> Fifth Amendment To The United States Constitution")