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Powers V. Ohio
''Powers v. Ohio'', 499 U.S. 400 (1991), was a United States Supreme Court case that re-examined the Batson Challenge. Established by ''Batson v. Kentucky'', 476 U.S. 79 (1986), the Batson Challenge prohibits jury selectors from using peremptory challenges on the basis of race, ethnicity, gender, and sex. Powers expanded the jurisdictions of this principle, allowing all parties within a case, defendants especially, to question preemptory challenges during a jury selection, regardless of race. This holding was protected under the Equal Protection Clause of the Fourteenth Amendment. Background Larry Joe Powers, a white defendant, was prosecuted on two counts of murder and one count of attempted murder in Franklin County, Ohio. Under the Sixth Amendment, Powers requested a jury trial to help prove him innocent; however, during the jury selection process, seven Black venirepersons were cut out from the final jury selection. Powers objected and requested an explanation as to why ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Batson V
Batson is a patronymic surname, derived from Bartholomew. It may refer to: * Benjamin Batson (1942-1996), American academic and historian * Brendon Batson, English soccer player * Cameron Batson (born 1995), American football player * Daniel Batson, American social psychologist * Felix Ives Batson (1819-1871), American lawyer and politician * Henrietta Batson (1859-1943), English writer * Mark Batson, American record producer and songwriter * Matthew Arlington Batson (1866-1917), United States Army officer * Nadia Batson, female soca singer of Trinidad and Tobago * Nathan Batson, English cricket player * Ruth Batson (1921-2003), American civil rights and education activist * Susan Batson, American actress, author, and producer; daughter of Ruth Batson Fictional characters * Billy Batson the alter ego of Captain Marvel See also * Batson, Texas * Batson venous plexus, feature of human pelvic anatomy * Batson v. Kentucky (1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Challenge
In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and may be denied. A peremptory challenge can be a major part of ''voir dire''. A peremptory challenge also allows attorneys to veto a potential juror on a "hunch". The idea behind peremptory challenges is that if both parties have contributed in the configuration of the jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors who might say the cor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ABA Journal
The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' Annual Bulletin'', 1908–1914) is a monthly legal trade magazine and the flagship publication of the American Bar Association. It is now complemented online by a full-featured website, abajournal.com and its various e-newsletters and apps. History Bulletin In 1908, the ''Annual Bulletin'' was founded by the Comparative Law Bureau (1907–1933) of the American Bar Association. The first comparative law journal in the U.S., it surveyed foreign legislation and legal literature. Circulated to all ABA members, it ran from 1908 to 1914 and was absorbed in 1915 by the ABA's newly formed ''Journal''. Journal In 1915, the ''American Bar Association Journal'' (abbreviated ''Am. Bar Assoc. j.'') was founded as a quarterly magazine. Published by the ABA, it ran under this title from January 1915 to December 1983, for volume 1 to 69. Quarterly from 1915 to 1920LOC, "American Bar As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law (legal system), civil law countries for criminal cases. Only Seventh Amendment to the United States Constitution, the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy Official SCOTUS Portrait
Anthony or Antony is a masculine given name, derived from the ''Antonii'', a '' gens'' ( Roman family name) to which Mark Antony (''Marcus Antonius'') belonged. According to Plutarch, the Antonii gens were Heracleidae, being descendants of Anton, a son of Heracles. Anthony is an English name that is in use in many countries. It has been among the top 100 most popular male baby names in the United States since the late 19th century and has been among the top 100 male baby names between 1998 and 2018 in many countries including Canada, Australia, England, Ireland and Scotland. Equivalents include '' Antonio'' in Italian, Spanish, Portuguese and Maltese; ''Αντώνιος'' in Greek; ''António'' or ''Antônio'' in Portuguese; '' Antoni'' in Catalan, Polish, and Slovene; ''Anton'' in Dutch, Galician, German, Icelandic, Romanian, Russian, and Scandinavian languages; '' Antoine'' in French; '' Antal'' in Hungarian; and '' Antun'' or '' Ante'' in Croatian. The usual abbreviated form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swain V , a Scandinavian given name
{{disambiguation, geo ...
Swain, Swains or Swain's may refer to: Places * Swain Islands, Antarctica * Swain's Island (Newfoundland and Labrador), Canada * Swains Island, an atoll in the Tokelau chain, American Samoa * Swain County, North Carolina, United States * Swains Lake, New Hampshire, United States Other uses * Swain (surname) * Swain (horse), a European Thoroughbred racehorse * Swain School of Design, a former non-profit educational institution now part of the University of Massachusetts Dartmouth See also * Sweyn Sweyn is a Scandinavian masculine given name which may refer to: Kings: * Sweyn Forkbeard (960–1014), King of Denmark, England, and Norway as Sweyn I * Sweyn or Svein Knutsson (c. 1016–1035), King of Norway as Sweyn II * Sweyn II of Denmark (10 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepperdine Law Review
The ''Pepperdine Law Review'' is a student-edited law journal published by an independent student group composed of second- and third-year J.D. students at Pepperdine University School of Law. The Law Review publishes four to five issues a year and sponsors an annual symposium on a relevant legal topic. Since its founding in 1972, the Pepperdine Law Review has been a resource for practitioners, law professors, and judges alike. The Law Review has been cited several times by the United States Supreme Court, and is available on Westlaw and LexisNexis. Membership Members of the Law Review are selected on the basis of academic excellence and participation in a rigorous selection process. Students in the top 10% of their first-year class may elect to join the journal's staff ("grading on"), and other students in the top 50% may seek membership by participating in an anonymously graded writing competition ("writing on"). Notable alumni Pepperdine Law Review Alumni have moved on to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
