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Harmelin V Michigan
''Harmelin v. Michigan'', 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution. The Court ruled that the Eighth Amendment's Cruel and Unusual Punishment Clause allowed a state to impose a life sentence without the possibility of parole for the possession of of cocaine. The Court's narrow ruling left a major question of Eighth Amendment law unresolved. Since the Court's decision in ''Gregg v. Georgia'',. the Court had incorporated a detailed proportionality analysis into the cruel and unusual punishment analysis required in capital cases. The defendant Ronald Harmelin directly asked the Court to extend the reach of that analysis to noncapital cases such as his. Although five Justices agreed that Harmelin's sentence was not unconstitutionally cruel and unusual, six Justices agreed that the Cruel and Unusual Punishment Clause bore ''some kind'' of proportionality analysis. Yet among those si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Western Reporter
The ''North Western Reporter'' and ''North Western Reporter, Second Series'' are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. The North Western Reporter contains published appellate court case decisions for: * Iowa * Michigan * Minnesota * Nebraska * North Dakota * South Dakota * Wisconsin When cited A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ..., ''North Western Reporter'' and ''North Western Reporter, Second Series'' are abbreviated "N.W." and "N.W.2d", respectively. References Case law reporters {{US-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Originalist
In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five.B. Boyce"Originalism and the Fourteenth Amendment" 33 ''Wake Forest L. Rev.'' 909. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of current times, even if such interpretation is different from the original interpretations of the document. Originalism should not be confused with strict constructionism. The development of originalism was influenced by Herbert Wechsler's influential lecture on ''Neutral Principles''. The idea that judicial review was distinguished from ordinary pol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alabama
(We dare defend our rights) , anthem = "Alabama (state song), Alabama" , image_map = Alabama in United States.svg , seat = Montgomery, Alabama, Montgomery , LargestCity = Huntsville, Alabama, Huntsville , LargestCounty = Baldwin County, Alabama, Baldwin County , LargestMetro = Birmingham metropolitan area, Alabama, Greater Birmingham , area_total_km2 = 135,765 , area_total_sq_mi = 52,419 , area_land_km2 = 131,426 , area_land_sq_mi = 50,744 , area_water_km2 = 4,338 , area_water_sq_mi = 1,675 , area_water_percent = 3.2 , area_rank = 30th , length_km = 531 , length_mi = 330 , width_km = 305 , width_mi = 190 , Latitude = 30°11' N to 35° N , Longitude = 84°53' W to 88°28' W , elevation_m = 150 , elevation_ft = 500 , elevation_max_m = 735.5 , elevation_max_ft = 2,413 , elevation_max_point = Mount Cheaha , elevation_min_m = 0 , elevation_min_ft = 0 , elevation_min_point = Gulf of Mexico , OfficialLang = English language, English , Languages = * English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-degree Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death Penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against hum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bloody Assizes
The Bloody Assizes were a series of trials started at Winchester on 25 August 1685 in the aftermath of the Battle of Sedgemoor, which ended the Monmouth Rebellion in England. History There were five judges: Sir William Montague (Lord Chief Baron of the Exchequer), Sir Robert Wright, Sir Francis Wythens (Justice of the King's Bench), Sir Creswell Levinz (Justice of the Common Pleas) and Sir Henry Pollexfen, led by Lord Chief Justice George Jeffreys. Over 1,000 rebels were in prison awaiting the trials, which started in the Great Hall of Winchester Castle in Winchester on 26 August. The first notable trial was that of an elderly gentlewoman named Dame Alice Lisle. The jury reluctantly found her guilty and, the law recognising no distinction between principals and accessories in treason, she was sentenced to be burned. This was commuted to beheading, with the sentence being carried out in Winchester market-place on 2 September 1685. From Winchester the court proceeded throug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disemboweling
Disembowelment or evisceration is the removal of some or all of the organ (anatomy), organs of the Human gastrointestinal tract, gastrointestinal tract (the bowels, or viscera), usually through a horizontal incision made across the Abdomen, abdominal area. Disembowelment may result from an accident but has also been used as a method of torture and execution. In such practices, disembowelment may be accompanied by other forms of torture, or the removal of other vital organs. Disembowelment as torture If a living creature is disemboweled, it is invariably fatal without major medical intervention. Historically, disembowelment has been used as a severe form of capital punishment. If the intestinal tract alone is removed, death follows after several hours of gruesome pain. The victim will often be fully conscious while the torture is performed if the vital organs aren't damaged, and will be able to see their intestine being removed, but will eventually lose consciousness due to bl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decapitation
Decapitation or beheading is the total separation of the head from the body. Such an injury is invariably fatal to humans and most other animals, since it deprives the brain of oxygenated blood, while all other organs are deprived of the involuntary functions that are needed for the body to function. The term ''beheading'' refers to the act of deliberately decapitating a person, either as a means of murder or as an execution; it may be performed with an axe, sword, knife, machete or by mechanical means such as a guillotine or chainsaw. An executioner who carries out executions by beheading is sometimes called a headsman. Accidental decapitation can be the result of an explosion, a car or industrial accident, improperly administered execution by hanging or other violent injury. Suicide by decapitation is rare but not unknown. The national laws of Saudi Arabia, Yemen, and Qatar permit beheading; however, in practice, Saudi Arabia is the only country that continues to behead i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drawing And Quartering
To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under King Edward III (1327–1377), although similar rituals are recorded during the reign of King Henry III (1216–1272). The convicted traitor was fastened to a hurdle, or wooden panel, and drawn by horse to the place of execution, where he was then hanged (almost to the point of death), emasculated, disembowelled, beheaded, and quartered (chopped into four pieces). His remains would then often be displayed in prominent places across the country, such as London Bridge, to serve as a warning of the fate of traitors. For reasons of public decency, women convicted of high treason were instead burned at the stake. The same punishment applied to traitors against the King in Ireland from the 15th century onward; William Overy was hanged, drawn and quartered by Lord Lieutenant Richard Plantagenet, 3rd Duke of York in 1469, and from the reign of K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal Assent on 16 December 1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England. Largely based on the ideas of political theorist John Locke, the Bill sets out certain constitutional requirements of the Crown to seek the consent of the people as represented in Parliament. As well as setting limits on the powers of the monarch, it established the rights of Parliament, including regular parliaments, free elections, and freedom of speech. It also listed individual rights, including the prohibition of cruel and unusual punishment and the right not to pay taxes levied without the approval o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
