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Soering V United Kingdom
''Soering v United Kingdom'' 161 Eur. Ct. H.R. (ser. A) (1989) is a landmark judgment of the European Court of Human Rights (ECtHR) which established that extradition of a German national to the United States to face charges of capital murder violated Article 3 of the European Convention on Human Rights (ECHR) guaranteeing the right against inhuman and degrading treatment. In addition to the precedence established by the judgment, the judgment specifically resulted in the United States committing to not seek the death penalty against the German national involved in the case, and he was eventually extradited to the United States. Background The applicant, Jens Söring, is a German national, born in 1966, who was brought by his parents to the United States at age 11. In 1984, he was an 18-year-old Echols Scholar at the University of Virginia, where he became good friends with Elizabeth Haysom, a Canadian national two years his elder. Haysom's parents, William Reginald Haysom an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist A. H. F. Lefroy, Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law. Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing, and other reasons. A person who has been deported or is under sentence of deportation is called a ''deportee''. Definition Definitions of deportation apply equally to nationals and foreigners. Nonetheless, in the common usage the expulsion of foreign nationals is usually called deportation, whereas the expulsion of nationals is called extradition, banishment, exile, or penal transportation. For example, in the United States: "Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are differe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fluvanna County, Virginia
Fluvanna County is a county located in the Piedmont region of the Commonwealth of Virginia. As of the 2020 census, the population was 27,249. Its county seat is Palmyra, while the most populous community is the census designated place of Lake Monticello. Fluvanna County is part of the Charlottesville, Virginia Metropolitan Statistical Area. History Through the 17th century, the Point of Fork (near Columbia where the James and Rivanna rivers meet) was the site of ''Rassawek'', a major Monacan village of the Native Americans. By 1701, the Seneca Iroquois had overrun the entire Virginia Piedmont, which they sold to Virginia Colony in 1721 at the Treaty of Albany. The area which is now Fluvanna County was once considered part of Henrico County, one of the original shires of the Virginia Colony. Henrico was divided in 1727 and the Fluvanna County area became a part of Goochland County. In 1744 Goochland was divided and the area presently known as Fluvanna became a part of A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Degree Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and supporters around the world. The stated mission of the organization is to campaign for "a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments." The organization has played a notable role on human rights issues due to its frequent citation in media and by world leaders. AI was founded in London in 1961 by the lawyer Peter Benenson. Its original focus was prisoners of conscience, with its remit widening in the 1970s, under the leadership of Seán MacBride and Martin Ennals to include miscarriages of justice and torture. In 1977, it was awarded the Nobel Peace Prize. In the 1980s, its secretary general was Thomas Hammarberg, succeeded ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death Row Phenomenon
The death row phenomenon is the emotional distress felt by prisoners on death row. Concerns about the ethics of inflicting this distress upon prisoners have led to some legal concerns about the constitutionality of the death penalty in the United States and other countries. In relation to the use of solitary confinement with death row inmates, death row phenomenon and death row syndrome are two concepts that are gaining recognition. The death row syndrome is a distinct concept, which is the enduring psychological effects of the death row phenomenon, which merely refers to the triggers of the syndrome. Harrison and Tamony define ''death row phenomenon'' as the harmful effects of death row conditions, while ''death row syndrome'' is the consequent manifestation of psychological illness that can occur as a result of death row phenomenon. Phenomenon Death row syndrome is a psychological disorder that inmates on death row can go through when they are put in isolation. Inmates affected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inhuman Or Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse in a healthcare set ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Commission Of Human Rights
The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the commission, enlarged the Court, and allowed individuals to take cases directly to it. List of cases *Greek case In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power ea ... References * Arthur W. Diamond Law LibrarThe European Human Rights System and the European Court of Human Rights. Research Guide [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Timothy Lloyd
Sir Timothy Andrew Wigram Lloyd, Privy Council of the United Kingdom, PC (born 30 November 1946) is an English former judge who was a member of the Court of Appeal of England and Wales, Court of Appeal. Lloyd was educated at Winchester College and Lincoln College, Oxford.Badcock, C. F.; La Corrie, J. R. ''Winchester College: A Register for the Years 1930 To 1975''. Winchester College, 1992. p. 443 He was called to the bar (Middle Temple) in 1970 and was appointed a Queen's Counsel, QC in 1986. He was appointed Attorney-General of the Duchy of Lancaster in 1993, he was made a judge of the High Court of Justice of England and Wales, High Court on 1 October 1996, receiving the customary knighthood, and assigned to the Chancery Division. He served as Vice-Chancellor of the County Palatine of Lancaster, a Chancery judge appointed by the Chancellor of the Duchy of Lancaster on the advice of the Lord Chancellor to supervise Chancery business in the North. He was appointed a Lord Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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