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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 ...
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Assistance Of Counsel Clause
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself ''pro se''. Attachment at critical stages As stated in ''Brewer v. Williams'', , the right to counsel “means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.'” ''Brewer'' goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that when ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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District Of Columbia V
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions of municipalities, school district, or political district. By country/region Afghanistan In Afghanistan, a district ( Persian ps, ولسوالۍ ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. New South Wales had several different types of districts used in the 21st century. Austria In Austria, the word is used with different meanings in three different contexts: * Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district administrative offices (). The area a dis ...
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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 co ...
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Voir Dire
(; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is also used informally to describe the practice of jury selection in certain jurisdictions. Etymology According to the ''American Heritage Dictionary'', it comes from the Anglo-Norman language. The word (or ), in this combination, comes from Old French and derives from Latin , "hat which istrue". It is related to the modern French word , which in a deprecated use can mean "indeed", but not to the more common word , "to see", which derives from Latin . William Blackstone referred to it as , which was translated by John Winter Jones as "To speak the truth". However, the expression is now often interpreted by false etymology to mean "to see hemsay". The term is used (as ) in modern Canadian legal French. Historic use In earlier centur ...
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SCOTUSblog
''SCOTUSblog'' is a law blog written by lawyers, law professors, and law students about the Supreme Court of the United States (sometimes abbreviated "SCOTUS"). Formerly sponsored by Bloomberg Law, the site tracks cases before the Court from the certiorari stage through the merits stage. The site live blogs as the Court announces opinions and grants cases, and sometimes has information on the Court's actions published before either the Court or any other news source does. SCOTUSblog frequently hosts symposiums with leading experts on the cases before the Court. The blog comprehensively covers all of the cases argued before the Court and maintains an archive of the briefing and other documents in each case. History and growth The blog's first post was published on October 1, 2002. The blog began as a means of promoting the law firm then known as Goldstein & Howe, P.C. The blog moved to its current address on February 7, 2005. In the same year, it was featured by ''BusinessWeek ...
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Ramos V
Ramos is a surname of Spanish and Portuguese origin that means "bouquets" or "branches". Notable people with the surname include: * Adrián Ramos (born 1986), Colombian footballer * Aldrech Ramos (born 1988), Filipino basketball player * Alejandra Ramos (born 1958), Chilean middle distance runner * Alessandra Ramos Makkeda (1981–2022), Brazilian human rights activist * Alex Ramos (born 1961), American boxer * Antonio J. Ramos (born 1947), Puerto Rican United States Air Force officer * Ariel Ramos (born 1971), Cuban wrestler * Aurelia Ramos de Segarra (1860-1927), Uruguayan philanthropist * Bartolomeo Ramos (c. 1440 – 1522), Spanish mathematician, music theorist, and composer * Benito Ramos (born 1918), Mexican fencer * Benjamin Ramos (born 1956), Puerto Rican politician * Cássio Ramos (born 1987), Brazilian football goalkeeper * Cesar Ramos (other), multiple people * Chris Ramos (born 1997), Spanish footballer * Chucho Ramos (1918–1977), Venezuelan basebal ...
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Ballew V
Ballew is a surname. Notable people with the surname include: * Brady Ballew (born 1992), American soccer player *Chris Ballew (born 1965), American musician * Smith Ballew (1902–1984), American actor and singer See also *Ken Ballew raid The Ken Ballew raid was a federal raid on June 7, 1971, on the home of Kenyon F. "Ken" Ballew which became a cause célèbre in the debates between advocates of gun control and advocates of gun ownership rights in the United States. Investigati ... *'' Ballew v. Georgia'', a United States Supreme Court case {{surname ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Eng ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Juvenile Court
A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense. Industrialized countries differ in whether juveniles should be tried as adults for serious crimes or considered separately. Since the 1970s, minors have been tried increasingly as adults in response to "increases in violent juvenile crime". Young offenders may still not be prosecuted as adults. Serious offenses, such as murder or rape, can be prosecuted through adult court in England. However, as of 2007, no United States data reported any exact numbers of juvenile offenders prosecuted as adults. In contrast, countries such as Australia and Japan are in the early stages of developing and implementing youth-focused justice in ...
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