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Pervear V. Massachusetts
''Pervear v. Massachusetts'', 72 U.S. (5 Wall.) 475 (1866), was a case brought before the United States Supreme Court in 1866 over the issue of prisoners' rights. The court ruled that prisoners have no constitutional rights, not even Eighth Amendment rights.. This was the first case stating the "hands off" policy that allowed states to run their prisons without federal interference. The application of the Bill of Rights to state action did not come until later and then only in part. At that time in history, the Bill of Rights was seen as a bar to federal interference with state actions, and therefore a means of ensuring federal restraint. Background A Massachusetts business owner was convicted and sentenced to the payment of a large fine and to three months of hard labor for failing to have a state license for his liquor store. He tried to invoke the "cruel and unusual punishment" clause of the Eighth Amendment. Decision The Supreme Court ruled that the Constitutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John William Wallace
John William Wallace (February 17, 1815 – January 12, 1884) was an American lawyer and the seventh reporter of decisions of the United States Supreme Court, serving from 1863 to 1874. Born in Philadelphia, he graduated from the University of Pennsylvania in 1833 and studied law under his father and John Sergeant. He was admitted to the Philadelphia bar in 1836. While librarian to the Law Association of Philadelphia, he compiled three volumes of decisions of the Third Circuit Court of Appeals The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * E ..., which sat in that city. He wrote The Reporters on English reporters and cases, first as an article in the ''American Law Magazine'' (1844), and then as a book in multiple editions (1845, 1855, 1882) that made his reputation. His twenty-thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
License
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue," because a license usually either permits the licensed party to engage in an activity which is illegal, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imprisonment And Detention In The United States
Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceration rate. One out of every 5 people imprisoned across the world is incarcerated in the United States. In 2018 in the US, there were 698 people incarcerated per 100,000; this includes the incarceration rate for adults or people tried as adults.United States of America .Highest to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment Clause 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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1866 In United States Case Law
Events January–March * January 1 ** Fisk University, a Historically black colleges and universities, historically black university, is established in Nashville, Tennessee. ** The last issue of the abolitionist magazine ''The Liberator (anti-slavery newspaper), The Liberator'' is published. * January 6 – Ottoman Empire, Ottoman troops clash with supporters of Maronite leader Youssef Bey Karam, at St. Doumit in Lebanon; the Ottomans are defeated. * January 12 ** The ''Royal Aeronautical Society'' is formed as ''The Aeronautical Society of Great Britain'' in London, the world's oldest such society. ** British auxiliary steamer sinks in a storm in the Bay of Biscay, on passage from the Thames to Australia, with the loss of 244 people, and only 19 survivors. * January 18 – Wesley College, Melbourne, is established. * January 26 – Volcanic eruption in the Santorini caldera begins. * February 7 – Battle of Abtao: A Spanish naval squadron fights a combined Peruvian-Chil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overruled United States Supreme Court Decisions
This is a list of decisions of the Supreme Court of the United States that have been explicitly overruled, in part or in whole, by a subsequent decision of the Court. It does not include decisions that have been abrogated by subsequent constitutional amendment or by subsequent amending statutes. As of 2018, the Supreme Court had overruled more than 300 of its own cases. The longest period between the original decision and the overruling decision is 136 years, for the common law Admiralty cases ''Minturn v. Maynard'', 58 U.S. (17 How.) 476 decision in 1855, overruled by the ''Exxon Corp. v. Central Gulf Lines Inc.'', 500 U.S. 603 decision in 1991. The shortest period is 11 months, for the constitutional law Fourth Amendment (re: search and seizure) cases ''Robbins v. California'', 453 U.S. 420 decision in July 1981, overruled by the '' United States v. Ross'', 456 U.S. 798 decision in June 1982. There have been 16 decisions which have simultaneously overruled more than one earlie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Cases In The Chase Court
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
