Hamilton V. Alabama (1961)
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Hamilton V. Alabama (1961)
''Hamilton v. Alabama'', 368 U.S. 52 (1961), was a case heard by the Supreme Court of the United States. Hamilton was charged in an Alabama court with breaking and entering a dwelling at night with intent to ravish, and had pleaded not guilty. He had then been convicted and sentenced to death. The Court ruled unanimously that the absence of counsel at the time of his arraignment violated Hamilton's due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ... rights under the Fourteenth Amendment. See also * List of United States Supreme Court cases, volume 368 * Alabama State Mercenaries External links * * United States Supreme Court cases United States Supreme Court cases of the Warren Court United States Sixth Amendment appointment of counsel case law 1961 in ...
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Supreme Court Of Alabama
The Supreme Court of Alabama is the highest court in the state of Alabama. The court consists of a chief justice and eight associate justices. Each justice is elected in partisan elections for staggered six-year terms. The Supreme Court is housed in the Heflin-Torbert Judicial Building in downtown Montgomery, Alabama. The Governor of Alabama may fill vacancies when they occur for the remainder of unexpired terms. The current partisan line-up for the court is all Republican. There is no specific limitation on the number of terms to which a member may be elected. However, the state constitution under Amendment 328, adopted in 1973, prohibits any member from seeking election once they have attained the age of seventy years. This amendment would have prohibited then Chief Justice Roy Moore from seeking re-election in 2018. However, on April 26, 2017, Moore announced his intent to run for the United States Senate seat formerly held by United States Attorney General Jeff Sessions, an ...
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Right To Counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect. Around the world Australia In Australia, suspects and defendants have the right to have legal representation during investigation and trial. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of Victoria and New South Wales have dedicated public defender systems. Courts have t ...
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1961 In United States Case Law
Events January * January 3 ** United States President Dwight D. Eisenhower announces that the United States has severed diplomatic and consular relations with Cuba (Cuba–United States relations are restored in 2015). ** Aero Flight 311 (Koivulahti air disaster): Douglas DC-3C OH-LCC of Finnish airline Aero crashes near Kvevlax (Koivulahti), on approach to Vaasa Airport in Finland, killing all 25 on board, due to pilot error: an investigation finds that the captain and first officer were both exhausted for lack of sleep, and had consumed excessive amounts of alcohol at the time of the crash. It remains the deadliest air disaster to occur in the country. * January 5 ** Italian sculptor Alfredo Fioravanti marches into the U.S. Consulate in Rome, and confesses that he was part of the team that forged the Etruscan terracotta warriors in the Metropolitan Museum of Art. ** After the 1960 military coup, General Cemal Gürsel forms the new government of Turkey (25th government). * ...
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United States Sixth Amendment Appointment Of Counsel Case Law
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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United States Supreme Court Cases Of The Warren Court
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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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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Alabama State Mercenaries
(We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = 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 , Languages = * English 95.1% * Spanish 3.1% , population_demonyms = Alabamian, Alabaman , population_as_of = 2021 , population_rank = 24th , 2010Pop = 5,03 ...
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List Of United States Supreme Court Cases, Volume 368
This is a list of all the United States Supreme Court cases from volume 368 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 368 1961 in United States case law 1962 in United States case law ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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Arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of '' nolo contendere'' ("no contest") and the Alford plea are allowed in some circumstances. Australia In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process. Canada In every province in Canada, except British Columbia, defendants are arraigned on the day of their trial. In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or no ...
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Capital Punishment In Alabama
Capital punishment in Alabama is a legal penalty. The state has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita. Legal process When the prosecution seeks the death penalty, the sentence is decided by the jury and at least 10 jurors must concur. In case of a hung jury during the penalty phase of the trial, a retrial happens before another jury. Until 2017, Alabama was the only state which still allowed a judge to impose death against jury verdict in favor of life imprisonment. The power of clemency belongs to the Governor of Alabama. The method of execution is lethal injection, unless the condemned requests electrocution or nitrogen hypoxia. Nitrogen hypoxia was approved in 2018, but as of 2022 it had not yet been used. If the method selected by the offende ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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