|
Official Victim
The official victim enhancement is a 3- or 6-level increase under the U.S. Sentencing Guidelines that applies when a person knowingly commits a crime against a government official and is motivated by that person's status. The provision also states, "If the official victim is an exceptionally high-level official, such as the President or the Vice President of the United States, an upward departure may be warranted due to the potential disruption of the governmental function." There are many crimes against federal officials that do not require, as an element of the offense, that the offender know the status of the victim, but this enhancement does. The victimization of the government official need not be the offense of conviction; it is possible, for instance, for the defendant to be convicted of robbing a bank and to get the official victim enhancement for harming a uniformed police officer as he escapes. The assault on the officer is considered relevant conduct. In cases involving t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed '' ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th century), from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vice President Of The United States
The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over Senate deliberations at any time, but may not vote except to cast a tie-breaking vote. The vice president is indirectly elected together with the president to a four-year term of office by the people of the United States through the Electoral College. The modern vice presidency is a position of significant power and is widely seen as an integral part of a president's administration. While the exact nature of the role varies in each administration, most modern vice presidents serve as a key presidential advisor, governing partner, and representative of the president. The vice president ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Upward Departure
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions. Although the Guidelines were initially styled as mandatory, the US Supreme Court's 2005 decision in ''United States v. Booker'' held that the Guidelines, as originally constituted, violated the Sixth Amendment right to trial by jury, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After ''Booker'' and other Supreme Court cases, such as ''Blakely v. Washington'' (2004), the Guidelines are now considered advisory only. Federal judges ( state judges are not affected by the Guidelines) must calculate the guidelines and consider them when determining a sentence, but are not required ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Officer
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the rank "officer" is legally reserved for military personnel. Police officers are generally charged with the apprehension of suspects and the prevention, detection, and reporting of crime, protection and assistance of the general public, and the maintenance of public order. Police officers may be sworn to an oath, and have the power to arrest people and detain them for a limited time, along with other duties and powers. Some officers are trained in special duties, such as counter-terrorism, surveillance, child protection, VIP protection, civil law enforcement, and investigation techniques into major crime including fraud, rape, murder, and drug trafficking. Although many police officers wear a corresponding uniform, some police officers a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relevant Conduct
Relevant conduct is an important concept in the U.S. Sentencing Guidelines. According to the U.S. Court of Appeals for the 2nd Circuit, relevant conduct is "almost a term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ... as a result of its detailed exposition in Sections 1B1.3 (Relevant Conduct), 4 (Criminal History); and 3D1.2(d) (Drug Trafficking)." The U.S. Sentencing Commission notes, "Deemed the 'cornerstone' of the federal sentencing guidelines, relevant conduct defines the scope of behavior that must be considered in every federal case." References {{reflist Legal terminology ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Threats Against The President Of The United States
Threatening the president of the United States is a federal felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict great bodily harm upon the president of the United States". The law also includes presidential candidates, vice presidents, and former presidents. The Secret Service investigates suspected violations of this law and monitors those who have a history of threatening the president. Threatening the president is considered a political offense. Immigrants who commit this crime can be deported. Because the offense consists of pure speech, the courts have issued rulings attempting to balance the government's interest in protecting the president with free speech rights under the First Amendment. According to the book ''Stalking, Threatening, and Attacking Public Figures'', "Hundreds of celebrity howlers threaten the president of the United States every ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circuit Split
In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of the local residents. Scholars have also observed that re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victimology
Victimology is the study of victimization, including the psychological effects on victims, the relationship between victims and offenders, the interactions between victims and the criminal justice system—that is, the police and courts, and corrections officials—and the connections between victims and other social groups and institutions, such as the media, businesses, and social movements. Victim of a crime In criminology and criminal law, a victim of a crime is an identifiable person who has been harmed individually and directly by the perpetrator, rather than by society as a whole. However, this may not always be the case, as with victims of white collar crime, who may not be clearly identifiable or directly linked to crime against a particular individual. Victims of white collar crime are often denied their status as victims by the social construction of the concept (Croall, 2001). The concept also remains a controversial topic within women's studies. The Supreme Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
