Fleeing Felon Rule
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Fleeing Felon Rule
In common law, the fleeing felon rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight. U.S. law Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by ''Tennessee v. Garner,'' . The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."Robert C. Ankony, "Sociological and Criminological Theory: Brief of Theorists, Theories, and Terms," ''CFM Research'', Jul. 2012, p.37. Fleeing felons may be followed into places not open to the public without a warrant if the officer is in "hot pursuit." Case law *Samuel Alito's memo written while working in the Solicitor General's office regarding ''Memphis Police v. Garner'', which was the Sixth Circuit appellate case leading to Tennessee v. Garner. ( ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Use Of Force
The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military personnel on guard duty. The aim of such doctrines is to balance the needs of security with ethical concerns for the rights and well-being of intruders or suspects. Injuries to civilians tend to focus attention on self-defense as a justification and, in the event of death, the notion of justifiable homicide. For the English law on the use of force in crime prevention, see Self-defence in English law. The Australian position on the use of troops for civil policing is set out by Michael Hood in ''Calling Out the Troops: Disturbing Trends and Unanswered Questions''; compare "Use of Deadly Force by the South African Police Services Re-visited" by Malebo Keebine-Sibanda and Omphemetse Sibanda. History Use of force dates back to the beginning ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offences and less serious crimes as summary offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by e ...
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Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspapers and broadcasters. The AP has earned 56 Pulitzer Prizes, including 34 for photography, since the award was established in 1917. It is also known for publishing the widely used '' AP Stylebook''. By 2016, news collected by the AP was published and republished by more than 1,300 newspapers and broadcasters, English, Spanish, and Arabic. The AP operates 248 news bureaus in 99 countries. It also operates the AP Radio Network, which provides newscasts twice hourly for broadcast and satellite radio and television stations. Many newspapers and broadcasters outside the United States are AP subscribers, paying a fee to use AP material without being contributing members of the cooperative. As part of their cooperative agreement with the AP, most ...
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Tennessee V
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to the north, Virginia to the northeast, North Carolina to the east, Georgia, Alabama, and Mississippi to the south, Arkansas to the southwest, and Missouri to the northwest. Tennessee is geographically, culturally, and legally divided into three Grand Divisions of East, Middle, and West Tennessee. Nashville is the state's capital and largest city, and anchors its largest metropolitan area. Other major cities include Memphis, Knoxville, Chattanooga, and Clarksville. Tennessee's population as of the 2020 United States census is approximately 6.9 million. Tennessee is rooted in the Watauga Association, a 1772 frontier pact generally regarded as the first constitutional government west of the Appalachian Mountains. Its name derives from "Tanasi ...
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Hot Pursuit
Hot pursuit is a legal term. Hot Pursuit may also refer to: Film and television * ''Hot Pursuit'' (1984 TV series), a 1984 NBC television series * ''Hot Pursuit'' (2006 TV series), a 2006 Court TV television series * ''Hot Pursuit'' (1987 film), a 1987 American action comedy film starring John Cusack * ''Hot Pursuit'' (2015 film), a 2015 American comedy film starring Reese Witherspoon and Sofía Vergara Video games *'' Need for Speed III: Hot Pursuit'', a racing video game, by EA Canada, released in 1998 *'' Need for Speed: Hot Pursuit 2'', the sequel, by EA Black Box, released in 2002 *'' Need for Speed: Hot Pursuit'', by Criterion Games, released in 2010 Comics *Hot Pursuit, a DC Comics character who is a future version of Barry Allen (Flash) See also * * * Need for Speed: Hot Pursuit (other) * Pursuit (other) Pursuit may refer to: Arts and entertainment Films * ''Pursuit'' (1935 film), a 1935 American action film * ''Pursuit'' (1972 Amer ...
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Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006. He is the second Italian American justice to serve on the U.S. Supreme Court—after Antonin Scalia—and the eleventh Catholic. Raised in Hamilton Township, New Jersey, and educated at Princeton University and Yale Law School, Alito served as the U.S. Attorney for the District of New Jersey and a judge on the U.S. Court of Appeals for the Third Circuit (Philadelphia, Pennsylvania) before joining the Supreme Court. He is the 110th justice. In 2013, Alito was considered "one of the most conservative justices on the Court". Granick, Jennifer and Sprigman, Christopher (June 27, 2013"The Criminal N.S.A.", ''The New York Times'' He has described himself as a "practical originalist". Alito's majority opinions in lan ...
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United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ...
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Private Citizen
A private citizen is someone who does not have an official or professional role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen's arrest in a public place. A person may remain a private citizen even when having considerable political power and influence: ...Pericles, in his capacity as a private citizen, was able to dominate the affairs of the Athenian assembly, and to direct and guide the ''demos'' for nearly a generation. In law Private citizens in ''qui tam'' actions bring suit on behalf of the state but are not officers of the court, and are possibly eligible for a reward. Private citizens may have the right to make citizen's arrests under certain circumstances, despite not being sworn law-enforcement officials. Private citizens may have the right to bring citizen suits to en ...
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Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous fel ...
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