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Haynes V. United States
''Haynes v. United States'', 390 U.S. 85 (1968), was a United States Supreme Court decision interpreting the Fifth Amendment to the United States Constitution's self-incrimination clause. ''Haynes'' extended the Fifth Amendment protections elucidated in '' Marchetti v. United States''.William F. Funk, Richard H. Seamon, ''Examples & explanations series: Administrative Law'', Edition 3, Aspen Publishers, 2009, page 361-62. Background of the case The National Firearms Act of 1934 required the registration of certain types of firearms. Miles Edward Haynes was a convicted felon who was charged with failing to register a firearm under the Act. Haynes argued that, because he was a convicted felon and thus prohibited from owning a firearm, requiring him to register any firearms in his possession was requiring him to make an open admission to the government that he was in violation of the law, which was essentially a violation of his right not to incriminate himself. Majority opinion I ...
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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 ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Marchetti V
Marchetti is an Italian surname. Notable people with the surname include: * Alberto Marchetti (born 1954), Italian professional football player * Alessandro Marchetti (aircraft engineer) (1884–1966), Italian aircraft engineer *Alessandro Marchetti (mathematician) (1633–1714), Italian mathematician * Alessandro Marchetti (footballer) (born 1988), Italian footballer * Angelo Marchetti (1674-1753), Italian astronomer from Pistoia * Assunta Marchetti (1871–1948), Italian beatified of the Catholic Church * M. Cristina Marchetti (born 1955), Italian-American physicist * Elio Marchetti (born 1974), Italian race car driver and motorcycle racer * Enrico Marchetti (1855-1930), Italian violin maker * Federico Marchetti (born 1983), Italian international football goalkeeper *Federico Marchetti (businessman) (born 1969), founder of YOOX *Fermo Dante Marchetti (1876-1940), Italian composer and songwriter *Filippo Marchetti (1831–1902), Italian opera composer *Gianluca Marchetti (born 199 ...
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National Firearms Act Of 1934
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I. All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry"). The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers), do not need to be reported. Background The ostensible impetus for the National Firearms Act of 1934 was the ...
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Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of "not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other consequ ...
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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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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), ''Reynolds v. Sims'' (1964), ''Miranda v. Arizona'' (1966) and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He also served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of th ...
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Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in ''Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Universi ...
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National Firearms Act
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, was enacted on June 26, 1934, and currently codified and amended as . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I. All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry"). The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers), do not need to be reported. Background The ostensible impetus for the National Firearms Act of 1934 was ...
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United States V
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 ...
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List Of United States Supreme Court Cases, Volume 390
This is a list of all the United States Supreme Court cases from volume 390 of the ''United States Reports'': * ''Hardin v. Kentucky Util. Co.'', * ''Schneider v. Smith'', * ''Epton v. New York'', (per curiam) * ''Knight v. Board of Regents'', (per curiam) * ''Paulaitis v. Paulaitis'', (per curiam) * ''Wetter v. City of Indianapolis'', (per curiam) * ''Bogart v. State Bar'', (per curiam) * ''Cross v. United States Bd. of Parole'', (per curiam) * ''Crepeault v. Vermont'', (per curiam) * ''Marchetti v. United States'', * ''Grosso v. United States'', * ''Haynes v. United States'', * '' Provident Tradesmens Bank & Trust Co. v. Patterson'', * '' Smith v. Illinois'', * '' Kolod v. United States'', (per curiam) * '' Teitel Film Corp. v. Cusack'', (per curiam) * '' Smith v. Noble Drilling Corp.'', (per curiam) * '' Garafolo v. United States'', (per curiam) * ''Albrecht v. Herald Co.'', * '' United States v. Third Nat. Bank in Nashville'', (per curiam) * '' Rainwater v. F ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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