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Lockyer V. Andrade
''Lockyer v. Andrade'', 538 U.S. 63 (2003), decided the same day as ''Ewing v. California'' (a case with a similar subject matter),. held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment to the United States Constitution, Eighth Amendment's prohibition of cruel and unusual punishments. Relying on the reasoning of ''Ewing'' and ''Harmelin v. Michigan'',. the Court ruled that because no "clearly established" law held that a three-strikes sentence was cruel and unusual punishment, the 50-years-to-life sentence imposed in this case was not cruel and unusual punishment. Facts On November 4, 1995, Leandro Andrade, a nine-year Army veteran and father of three, stole five children's videotapes from a Kmart (United States), K-Mart store in Ontario, California. Two weeks later, he stole four children's videotapes from a different K-Mart store in Montclair, Cal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Rehnquist 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2003 In United States Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment Clause Case Law
Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve violence, but affirmative violence is not necessary for an act to be cruel. For example, if a person is drowning and begging for help and another person is able to help with no cost or risk, but is merely watching with disinterest or perhaps mischievous amusement, that person is being cruel—rather than violent. George Eliot stated that "cruelty, like every other vice, requires no motive outside itself; it only requires opportunity." Bertrand Russell stated that "the infliction of cruelty with a good conscience is a delight to moralists. That is why they invented Hell." Gilbert K. Chesterton stated that "cruelty is, perhaps, the worst kind of sin. Intellectual cruelty is certainly the worst kind of cruelty." The word has metaphorical uses, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of 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 30 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 538
This is a list of all United States Supreme Court cases from volume 538 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, 538 2003 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incapacitation (penology)
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending. Purpose Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be 'removed' from society for a period of time, which is achieved usually by sending the offender to prison ( incarceration). In most countries, prison sentences are applied for a range of different crimes but are almost certain to be applied to those who commit serious assaults, murder or sex crimes. However, the risk that offenders pose to society is largely a matter of perception. As a result, how the justice system in one country treats a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Souter
David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts. Souter grew up in Massachusetts and New Hampshire and attended Harvard College, Magdalen College, Oxford, and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor (1966–1968) in the New Hampshire Attorney General's office (1968–1976), as the attorney general of New Hampshire (1976–1978), as an associate justice of the Superior Court of New Hampshire (1978–1983), as an associate justice of the New Hampshire Supreme Court (1983–1990), and briefly as a judge of the United States Court of Appeals for the First Circuit (1990). Souter was nominated to the Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solem V ''
{{disambig, geo ...
Solem may refer to: Places * Solem Ridge, in Palmer Land, Antarctica * Solem Township, Douglas County, Minnesota People * Solem (surname) Court cases * '' Solem v. Bartlett'' * ''Solem v. Helm ''Solem v. Helm'', 463 U.S. 277 (1983), was a United States Supreme Court case concerned with the scope of the Eighth Amendment protection from cruel and unusual punishment. Mr. Helm, who had written a check from a fictitious account and had rea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rummel V
People Rummel is the surname of: * Elizabeth Rummel (1897-1980), German-Canadian mountaineer and environmentalist * Franz Rummel (1853–1901), German pianist * Henrik Rummel (born 1987), American rower * Joseph Rummel (1876–1964), American Archbishop * Martin Rummel (born 1974), Austrian cellist * R. J. Rummel (1932–2014), American historian and political scientist * Walter Morse Rummel (1887–1953), German-born French pianist Other * Archbishop Rummel High School, Metairie, Louisiana * Bavarian Rummel The Bavarian Rummel (german: Bayrischer Rummel; ) was the term used to downplay (''Rummel'' means 'hustle and bustle') the warlike events in which Bavarian troops of Elector Maximilian II Emanuel invaded the County of Tyrol in 1703 during the W ..., the 1703 Bavarian campaign in Tyrol See also * Rummel T {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
