Posthumous Trial
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Posthumous Trial
A posthumous trial or post-mortem trial is a trial held after the defendant's death. Posthumous trials can be held for a variety of reasons, including the legal declaration that the defendant was the one who committed the crime, to provide justice for society of family members of the victims, or to exonerate a wrongfully convicted person after their death. Due to the heavy cost, they are usually held only under extraordinary circumstances. Notable posthumous trials * Cadaver Synod of Pope Formosus * Farinata degli Uberti * Pope Boniface VIII * Retrial of Joan of Arc, overturned her earlier heresy conviction. * Francesco Maria Carafa, resulting in exoneration. * The Wanli Emperor, seized and denounced by Beijing's Red Guards in 1966. * Wu XunMacFarquhar, Roderick. "Red Terror." Mao's Last Revolution. Cambridge: Harvard University. 2006. p. 120. * Henry Plummer, resulting in a mistrial. * Sergei Magnitsky See also * Kangaroo court * Trial in absentia * Declared death in absentia * Sh ...
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Henry Plummer
Henry Plummer (1832–1864) was a Prospecting, prospector, lawman, and outlaw in the Western United States, American West in the 1850s and 1860s, who was known to have killed several men. He was elected sheriff of Bannack, Montana, in 1863 and served until 1864, during which period he was accused of being the leader of a "Highwayman, road agent" gang of outlaws known as the "Innocents (gang), Innocents," who preyed on shipments from Virginia City, Montana to other areas. In response some leaders in Virginia City formed the Montana Vigilantes, Vigilance Committee of Alder Gulch and began to take action against Plummer's gang, gaining confessions from a couple of men they arrested in early January 1864. On January 10, 1864, Plummer and two associates were arrested in Bannack by a company of the Vigilantes and summarily hanged. Plummer was given a posthumous trial in 1993 which led to a mistrial. The jury was split 6–6. Early years Plummer was born William Henry Handy Plumer ...
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Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ...
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Wu Xun
Wu Xun (Chinese: 武训; Pinyin: Wǔ Xùn; 1838–1896) was a Chinese educational reformer who pioneered free popular education in the country and became a hero of Chinese liberalism. In the 1950s and 1960s during Mao Zedong's Cultural Revolution his reputation came under attack and his body was exhumed and burned. Biography Wu was born Wu Qi () as the seventh child among his siblings, at Wuzhuang, Tangyi county (堂邑县, a part of Guan county nowadays). His father died when he was a child, leaving him to fend for himself. Too poor to attend the local academy, Wu determined to promote universal free education,Suzanne Pepper, ''Radicalism and education reform in 20th-century China: the search for an ideal development model'', Cambridge University Press, pp.167-169. supposedly because he was swindled for his illiteracy. A wandering beggar, Wu educated himself and used his little money to develop business ventures. Eventually he achieved success as a businessman, but he continued t ...
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Show Trial
A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so they will serve as both an impressive example and a warning to other would-be dissidents or transgressors. Show trials tend to be retributive rather than corrective and they are also conducted for propagandistic purposes. When aimed at individuals on the basis of protected classes or characteristics, such trials are examples of political persecution. The term was first recorded in 1928. China During the Land Reform Movement, between 1 and 2 million landlords were executed as counterrevolutionaries during the early years of Communist China. After the Tiananmen Square protests of 1989, show trials were given to "rioters and counter-revolutionaries" involved in the protests and the subsequent military massacre. Chinese Nobel Peace ...
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Declared Death In Absentia
A presumption of death occurs when a person is thought to be dead by a group of people despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person. Such a presumption is typically made by an individual when a person has been missing for an extended period and in the absence of any evidence that person is still alive – or after a much shorter period, but where the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person is dead (e.g., an airplane crash). A declaration that a person is dead resembles other forms of "preventive adjudication", such as the declaratory judgment. Different jurisdictions have different legal standards for obtaining such a declaration and in some jurisdictions a presumption of death may arise after a person has been missing under certain circumstances and a certain amount of time. Facts, circumstances, and the "balance ...
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Trial In Absentia
Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation to a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, (hear the other party). In some civil law legal systems, such as that of Italy, is a recognized and accepted defensive strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Europe Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adher ...
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Kangaroo Court
A kangaroo court is a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court may ignore due process and come to a predetermined conclusion. The term may also apply to a court held by a legitimate judicial authority which intentionally disregards the court's legal or ethical obligations (compare show trial). A kangaroo court could also develop when the structure and operation of the forum result in an inferior brand of adjudication. A common example of this is when institutional disputants ("repeat players") have excessive and unfair structural advantages over individual disputants ("one-shot players"). Etymology The term ''kangaroo court'' is often erroneously believed to have its origin from the courts of Australia's penal colonies. The ''Oxford English Dictionary'' cites the first published instance of the term as from an American source, '' ...
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Sergei Magnitsky
Sergei Leonidovich Magnitsky (russian: Сергeй Леонидович Магнитский, ; 8 April 1972 – 16 November 2009) was a Ukrainian-born Russian tax advisor responsible for exposing corruption and misconduct by Russian government officials while representing client Hermitage Capital Management. His arrest in 2008 and subsequent death after eleven months in police custody generated international attention and triggered both official and unofficial inquiries into allegations of fraud, theft and human rights violations in Russia. His posthumous trial was the first in the Russian Federation. Magnitsky alleged there had been large-scale theft from the Russian state, sanctioned and carried out by Russian officials. He was arrested and eventually died in prison seven days before the expiration of the one-year term during which he could be legally held without trial. In total, Magnitsky served 358 days in Moscow's Butyrka prison. He developed gall stones, pancreatiti ...
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Mao's Last Revolution
''Mao's Last Revolution'' is a 2006 book by Roderick MacFarquhar and Michael Schoenhals released by Belknap Press. Harvard University Press presented it as " acFarquhar and Schoenhalsexplain why Mao launched the Cultural Revolution, and show his Machiavellian role in masterminding it (which Chinese publications conceal)." Reception It is considered the seminal work on the Cultural Revolution in China 1966−1976. Judith Shapiro wrote in ''The New York Times'' 2006 that it "provides a detailed account of the salvos, currents, countercurrents, conspiracies, waves, cleansings and purges for which the era is known." She called it an "important first effort to establish the facts", "the first major history of the elite politics of the period" and that it may "encourage healthy debate over state manipulation of historical memory". References Judith Shapiro.Red Guards, ''The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspape ...
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Red Guards
Red Guards () were a mass student-led paramilitary social movement mobilized and guided by Chairman Mao Zedong in 1966 through 1967, during the first phase of the Cultural Revolution, which he had instituted.Teiwes According to a Red Guard leader, the movement's aims were as follows: Despite being met with resistance early on, the Red Guards received personal support from Mao, and the movement rapidly grew. The movement in Beijing culminated during the "Red August" of 1966, which later spread to other areas in mainland China. Mao made use of the group as propaganda and to accomplish goals such as seizing power and destroying symbols of China's pre-communist past ("Four Olds"), including ancient artifacts and gravesites of notable Chinese figures. Moreover, the government was very permissive of the Red Guards, and even allowed the Red Guards to inflict bodily harm on people viewed as dissidents. The movement quickly grew out of control, frequently coming into conflict with aut ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ...
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Wanli Emperor
The Wanli Emperor (; 4 September 1563 – 18 August 1620), personal name Zhu Yijun (), was the 14th Emperor of the Ming dynasty, reigned from 1572 to 1620. "Wanli", the era name of his reign, literally means "ten thousand calendars". He was the third son of the Longqing Emperor. His reign of 48 years (1572–1620) was the longest among all the Ming dynasty emperors and it witnessed several successes in his early and middle reign, followed by the decline of the dynasty as the emperor withdrew from his active role in government around 1600. Early reign (1572–1582) Zhu Yijun ascended the throne at the age of eight and adopted the regnal name "Wanli", thus he is historically known as the Wanli Emperor. For the first ten years of his reign, he was aided by a notable statesman, Zhang Juzheng, who governed the country as Wanli's regent. During this period, the Wanli Emperor deeply respected Zhang as a mentor and a valued minister. Archery competitions, equestrianism and calligraphy ...
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