Napue V. Illinois
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Napue V. Illinois
''Napue v. Illinois'', 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of the defendant. Background Prior case law The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides: The Supreme Court of the United States has repeatedly addressed whether the Due Process Clause of the Fourteenth Amendment is violated when prosecutors knowingly use false testimony in a criminal trial. In 1935, the Supreme Court briefly wrote in '' Mooney v. Holohan'' that prosecutors violate the Due Process Clause if they knowingly present perjured testimony. The Court expanded on its decision in 1957 in the case '' Alcorta v. Texas'', in which it ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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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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Mooney V
Mooney is a family name, which is probably predominantly derived from the Irish Ó Maonaigh, pronounced Om-weeneey. It can also be spelled Moony, Moonie, Mainey, Mauney, Meaney and Meeney depending on the dialectic pronunciation that was anglicised. Origins The origin of the Moony or Mooney families is lost in antiquity. The name is derived from ''maoin'', a Gaelic word meaning ''wealth'' or ''treasure of treasure'', hence when O'Maonaigh was anglicised to Mooney it meant ''the descendant of the wealthy one.'' According to Irish lore, the Mooney family comes from one of the largest and most noble Irish lines. They are said to be descendants of the ancient Irish King Heremon, who, along with his brother Herber, conquered Ireland. Heremon slew his brother shortly after their invasion, took the throne for himself, and fathered a line of kings of Ireland that include Malachi II, and King Niall of the Nine Hostages. Baptismal records, parish records, ancient land grants, the An ...
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Alcorta V
Alcorta is a town (''comuna'') in the province of Santa Fe, Argentina. It has 7,450 inhabitants, according to the census, and lies in the south of the province, on National Route 178, south-southwest of Rosario and south of the provincial capital Santa Fe. Alcorta was founded in 1892 by Juan Bernardo Iturraspe and is best known as the starting point of the first large-scale agrarian strike in the history of Argentina, called the ''Grito de Alcorta'', which began on 25 June 1912 and subsequently gave rise to the foundation of the Argentine Agrarian Federation Argentines (mistakenly translated Argentineans in the past; in Spanish language, Spanish (Grammatical gender, masculine) or (Grammatical gender, feminine)) are people identified with the country of Argentina. This connection may be resident .... Union leader José Ignacio Rucci was born in Alcorta. References * * Populated places in Santa Fe Province {{SantaFeAR-geo-stub ...
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Materiality (law)
Materiality is the significance of facts to the matter at hand.Black's Law Dictionary, 7th ed. In the law of evidence An item of evidence is said to be material if it has some logical connection to a fact of consequence to the outcome of a case. Materiality, along with probative value, is one of two characteristics that make a given item of evidence relevant. This largely depends on the elements of the cause of action the plaintiff seeks to prove, or that the prosecutor must prove in a criminal case to secure a conviction. Which issues must be factually proven are therefore a product of the underlying substantive law. In corporate and securities law Within the context of corporate and securities law in the United States, a fact is defined as material if there is a substantial likelihood that a reasonable shareholder would consider it important in deciding how to vote their shares or invest their money. In this regard, it is similar to the accounting term of the same name. Ma ...
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Supreme Court Of Illinois
The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: three justices from the First District (Cook County) and one from each of the other four districts. Each justice is elected for a term of ten years and the chief justice is elected by the court from its members for a three-year term. Jurisdiction The court has limited original jurisdiction and has final appellate jurisdiction. It has jurisdiction in cases where the constitutionality of laws has been called into question, and discretionary jurisdiction from the Illinois Appellate Court. Until 2011, when Illinois abolished the death penalty, it had mandatory jurisdiction in capital cases. Along with the state legislature, the court promulgates rules for all state courts. Also, its members have the au ...
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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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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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Brady V
Brady may refer to: People * Brady (surname) * Brady (given name) * Brady (nickname) * Brady Boone, a ring name of American professional wrestler Dean Peters (1958–1998) Places in the United States * Brady, Montana, a census-designated place and unincorporated community * Brady, Nebraska, a village * Brady, Texas, a city * Brady, Washington, a census-designated place * Brady Township (other) * Brady Lake (Ohio) * Brady Creek Reservoir, also known as Brady Lake and Brady Reservoir, McCulloch County, Texas Arts and entertainment * "Duncan and Brady", also known as "Brady", a traditional murder ballad * The fictional Brady family, in the American television show ''The Brady Bunch'' and various sequels and spinoffs * Brady Black, a character in the American soap opera ''Days of Our Lives'' Companies * Brady Corporation, a manufacturer of products for identifying components used in workplaces * Brady Drum Company, a manufacturer of drums in Western Australia ...
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Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the ''Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, investig ...
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Giglio V
Giglio could refer to: *Giglio Island, an Italian island and municipality of Tuscany **Giglio Castello, Giglio Porto and Giglio Campese: hamlets of the island *'' Giglio v. United States'', a U.S. Supreme Court criminal procedure case *Santa Maria Zobenigo, or Santa Maria del Giglio, a church in Venice, Italy *Stadio Giglio, a multi-purpose stadium in Reggio Emilia, Italy *as a first name **Giglio Gregorio Giraldi (1479–1552), Italian scholar and poet *as a surname ** Bruno Giglio de Oliveira (born 1985), known as Oliveira, Brazilian central defender **Ermanno Giglio-Tos (1865–1926), Italian entomologist **Frank Giglio (born 1933), American politician **Giovanni del Giglio (15th century–1557), Italian painter **Joe Giglio (born 1967/8), Maltese politician **Joseph Giglio (born 1954), American politician **Louie Giglio (born 1958), American pastor **Luis di Giglio (born 1989), Italian cricketer **Maurizio Giglio (1920–1944), Italian soldier, policeman and secret agent for the ...
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