Misdemeanor Murder
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Misdemeanor Murder
Misdemeanor murder is a term used to describe a situation in which a person is suspected of murder, but there is not enough evidence to convict the suspect of murder in court. The suspect is then either released without charges or the suspect receives a sentence that is similar to a sentence given to a person charged with a misdemeanor. It is not an official term and it is not an offense defined by the criminal code of the United States or any state thereof. Florida In a 2001 article, the ''St. Petersburg Times'' reported a drifter convicted of murder fifteen years ago had his conviction overturned. The original sentence was based on circumstantial evidence. The reporter refers to the original case as the kind lawyers call a "misdemeanor murder" due to lack of sympathy for the victim who was a teenage crack addict and prostitute, but, in this case, the suspect was imprisoned based on circumstantial evidence and false testimony. Louisiana New Orleans is often accused of ins ...
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Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ...
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New Orleans
New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nueva Orleans) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the southeastern region of the U.S. state of Louisiana. With a population of 383,997 according to the 2020 U.S. census, it is the List of municipalities in Louisiana, most populous city in Louisiana and the twelfth-most populous city in the southeastern United States. Serving as a List of ports in the United States, major port, New Orleans is considered an economic and commercial hub for the broader Gulf Coast of the United States, Gulf Coast region of the United States. New Orleans is world-renowned for its Music of New Orleans, distinctive music, Louisiana Creole cuisine, Creole cuisine, New Orleans English, uniq ...
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Hurricane Katrina
Hurricane Katrina was a destructive Category 5 Atlantic hurricane that caused over 1,800 fatalities and $125 billion in damage in late August 2005, especially in the city of New Orleans and the surrounding areas. It was at the time the costliest tropical cyclone on record and is now tied with 2017's Hurricane Harvey. The storm was the twelfth tropical cyclone, the fifth hurricane, and the third major hurricane of the 2005 Atlantic hurricane season, as well as the fourth-most intense Atlantic hurricane on record to make landfall in the contiguous United States. Katrina originated on August 23, 2005, as a tropical depression from the merger of a tropical wave and the remnants of Tropical Depression Ten. Early the following day, the depression intensified into a tropical storm as it headed generally westward toward Florida, strengthening into a hurricane two hours before making landfall at Hallandale Beach on August 25. After briefly weakening to tropical storm strength o ...
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Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both List of U.S. states and territories by area, area (after Alaska) and List of U.S. states and territories by population, population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexico, Mexican States of Mexico, states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the List of cities in Texas by population, most populous city in Texas and the List of United States cities by population, fourth-largest in the U.S., while San Antonio is the second most pop ...
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Percy Foreman
Percy Eugene Foreman (June 21, 1902 – August 25, 1988) was a criminal defense attorney from Houston, Texas. Foreman was born near Bold Springs, Texas. Foreman moved to Livingston, Texas when he was six years old. He was the son of Ransom Parson Hill Foreman and William Pinckney (Rogers) Foreman, a former sheriff of Polk County, Texas. Percy Foreman attended Staunton Military Academy in Virginia for one year, graduated from the University of Texas Law School in 1927, and was admitted to the Texas Bar on January 17, 1928. He went on to become one of the best known trial lawyers in Texas, with the Texas Criminal Defense Lawyers Association creating the Percy Foreman Lawyer of the Year Award in 1984. Foreman was a respected master of tactics. He lost only 53 of 1500 death-penalty cases and only one case resulted in execution (Steve Mitchell, electrocuted in Texas in 1951). Foreman's clients included General Edwin Walker, James Earl Ray, Charles Harrelson, Candy Mossler, and var ...
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The Dallas Morning News
''The Dallas Morning News'' is a daily newspaper serving the Dallas–Fort Worth area of Texas, with an average print circulation of 65,369. It was founded on October 1, 1885 by Alfred Horatio Belo as a satellite publication of the ''Galveston Daily News'', of Galveston, Texas. Historically, and to the present day, it is the most prominent newspaper in Dallas. Today it has one of the 20 largest paid circulations in the United States. Throughout the 1990s and as recently as 2010, the paper has won nine Pulitzer Prizes for reporting and photography, George Polk Awards for education reporting and regional reporting, and an Overseas Press Club award for photography. The company has its headquarters in downtown Dallas. History ''The Dallas Morning News'' was founded in 1885 as a spin-off of the ''Galveston Daily News'' by Alfred Horatio Belo. In 1926, the Belo family sold a majority interest in the paper to its longtime publisher, George Dealey. By the 1920s, the Dallas Morning ...
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Dallas County, Texas
Dallas County is the second-most populous county in the U.S. state of Texas. As of the 2020 U.S. census, the population was 2,613,539, making it the ninth-most populous county in the country. Dallas County is included in the Dallas-Arlington-Fort Worth metropolitan statistical area—colloquially referred to as the Dallas–Fort Worth metroplex. Municipal expansion within Dallas County has blurred the geographic lines between cities and between neighboring counties. Its county seat is the city of Dallas, which is also Texas' third-largest city and the ninth-largest city in the United States. The county was founded in 1846 and was possibly named for George Mifflin Dallas, the 11th Vice President of the United States under U.S. President James K. Polk. Geography According to the U.S. Census Bureau, the county has a total area of , of which is land and (4.0%) is water. 3,519 acres of the county is contained within 21 county-owned nature preserves, which were acquired thr ...
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Probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer might be ordere ...
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Death Row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ("being on death row"), even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a Capital punishment in the United States#Capital crimes, capital offense in U.S. state, states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and ''habeas corpus'' procedures, which may continue for several decades. Opponents of capital punis ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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