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Prosecutorial Vindictiveness
Prosecutorial vindictiveness occurs where a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing the number or severity of the charges against him. The United States Supreme Court has held prosecutorial vindictiveness to constitute a violation of a defendant's right to due process. History and Background The United States Supreme Court established the doctrine of judicial vindictiveness in '' North Carolina v. Pearce'' in 1969, finding a due process violation where the court increased a defendant's sentence in response to the defendant's motion to attack his original convictions. In ''Blackledge v. Perry'', decided in 1974, the court extended the holding of ''Pearce'' to include actions taken by prosecutors in response to a defendant's exercise of a constitutional or statutory right. In ''Blackledge'', the prosecutor increased the severity of a defendant's charge—from misdemeanor to felony—after the defendant moved for a tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina V
North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' is related to the Old High German ''nord'', both descending from the Proto-Indo-European unit *''ner-'', meaning "left; below" as north is to left when facing the rising sun. Similarly, the other cardinal directions are also related to the sun's position. The Latin word ''borealis'' comes from the Greek '' boreas'' "north wind, north", which, according to Ovid, was personified as the wind-god Boreas, the father of Calais and Zetes. ''Septentrionalis'' is from ''septentriones'', "the seven plow oxen", a name of '' Ursa Major''. The Greek ἀρκτικός (''arktikós'') is named for the same constellation, and is the source of the English word '' Arctic''. Other languages have other derivations. For example, in Lezgian, ''kefe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial De Novo
In law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. Common law In common law systems, one feature that distinguishes a trial ''de novo'' from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court). The general rule, is that an appeal must be based solely on "points of law", and not on "points of fact". Appeals are frequently based on a claim that the trial judge or jury did not allow or appreciate all the facts; if that claim is successful the appeal judges will often ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automobil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thigpen V
Thigpen is a family name that may refer to: * Ben Thigpen (1908–1971), American jazz drummer * Corbett H. Thigpen (died 1999), American psychiatrist * Cressie Thigpen (born 1946), American jurist and lawyer * Ed Thigpen (1930–2010), American jazz drummer * Lynne Thigpen (1948–2003), American film and television actress * Owen Thigpen/Fitzpen/Phippen (1582–1636), English merchant * Richard Ashley Thigpen (born 1943), American academic * Anita Thigpen Perry (born 1952), First Lady of Texas Athletes * Bobby Thigpen (born 1963), American former Major League relief pitcher * Curtis Thigpen (born 1983), American former Major League catcher * J. H. Thigpen, American college football player during the 1912-1915 seasons * Justus Thigpen (born 1947), American former professional basketball player * Marcus Thigpen (born 1986), American football player for the Buffalo Bills (NFL) * Tommy Thigpen (born 1971), American college football coach and former player * Tyler Thigpen, (bor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutorial Discretion
In common law, the principle of prosecutorial discretion allows public prosecutors a wide lattitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity. The principle of opportunity is encoded in law in The Netherlands, Germany, Sweden, Slovenian law, Slovenia and French law, France. Some similar provisions exist in Belgian law and in Estonian law. By contrast, in the countries that do not recognise the principle of opportunity, compulsory prosecution applies, and the cancellation of the prosecution of a known felony can itself be considered a felony. By country United States In the United States federal system, the prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
