Oregon V. Guzek
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Oregon V. Guzek
''Oregon v. Guzek'', 546 U.S. 517 (2006), was a decision by the Supreme Court of the United States, which ruled that the Eighth Amendment to the United States Constitution does not grant criminal defendants facing the death penalty the right to introduce new evidence of their innocence during sentencing that was not introduced during trial. Accordingly, states could constitutionally exclude such evidence from the sentencing phase of a capital trial. Background of the case First state appeal Randy Lee Guzek was convicted of murder and sentenced to death. Chief Deputy DA Ron Brown prosecuted the case. The Oregon Supreme Court affirmed his conviction but vacated the sentence on appeal. The court ruled that the death sentence violated the Eighth Amendment because the jury was not presented with a "general mitigation question," which would ensure that it had the opportunity to give effect to any relevant mitigating evidence outside of the statutory factors that were submitted to it. ...
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Deschutes County, Oregon
Deschutes County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the population was 198,253. The county seat is Bend. The county was created in 1916 out of part of Crook County and was named for the Deschutes River, which itself was named by French-Canadian trappers of the early 19th century. It is the political and economic hub of Central Oregon. Deschutes comprises the Bend, Oregon Metropolitan Statistical Area. Deschutes is Oregon’s fastest-growing and most recently-formed county. History French-Canadian fur trappers of the Hudson's Bay Company gave the name Rivière des Chutes (River of the Falls) to the Deschutes River, from which the county derived its name. On December 13, 1916, Deschutes County was created from the southern part of Crook County. Bend has been the county seat since the county's formation. It was the last county in Oregon to be established. The Shevlin-Hixon Lumber Company also operated within the Bend area proces ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Cruel And Unusual Punishment Clause And Death Penalty 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, ...
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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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Capital Punishment In Oregon
Capital punishment is one of two penalties for aggravated murder in the U.S. state of Oregon, with it being required by the Constitution of Oregon. In November 2011, Governor John Kitzhaber announced a moratorium on executions in Oregon, canceling a planned execution and ordering a review of the death penalty system in the state. Kitzhaber's successor, Governor Kate Brown, affirmed her commitment to the moratorium. Oregon no longer allows for nonunanimous juries in felony cases, and all felony (including capital) cases in Oregon require a unanimous jury verdict. In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial). The governor of Oregon has sole authority over clemency, including capital cases. Executions are carried out by lethal injection in Oregon. The men's death row is located, and executions are carried out, at the Oregon State Penitentiary in Salem. Women on death row are he ...
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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 ...
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List Of United States Supreme Court Cases, Volume 546
This is a list of all the United States Supreme Court cases from volume 546 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, 546 2005 in United States case law 2006 in United States case law ...
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Oregon Live
''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 1850, and published daily since 1861. It is the largest newspaper in Oregon and the second largest in the Pacific Northwest by circulation. It is one of the few newspapers with a statewide focus in the United States. The Sunday edition is published under the title ''The Sunday Oregonian''. The regular edition was published under the title ''The Morning Oregonian'' from 1861 until 1937. ''The Oregonian'' received the 2001 Pulitzer Prize for Public Service, the only gold medal annually awarded by the organization. The paper's staff or individual writers have received seven other Pulitzer Prizes, most recently the award for Editorial Writing in 2014. ''The Oregonian'' is home-delivered throughout Multnomah, Washington, Clackamas, and Yamhill c ...
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Kate Brown
Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the Oregon House of Representatives from 1991 to 1997, three terms as the state senator from the 21st district of the Oregon Senate from 1997 to 2009, three terms as majority leader of the Oregon Senate from 2003 to 2009, as well as two terms as Oregon Secretary of State from 2009 to 2015. She assumed the governorship upon the resignation of John Kitzhaber in 2015. She was elected to serve out the remainder of his gubernatorial term in the special election in 2016 and was reelected to a full term in 2018. As an openly bisexual woman, Brown has made history several times through her electoral success. In 2008, she became the first openly LGBT person elected secretary of state of a state in the United States. In 2016, she became the firs ...
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Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US Federal ...
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Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the Euro ...
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United States Supreme Court
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 C ...
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