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Strauder V West Virginia
''Strauder v. West Virginia'', 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. ''Strauder'' was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866. Its holding, along with those of its companion cases of ''Virginia v. Rives'' (1880) and ''Ex parte Virginia'' (1880) established the proposition that it is a denial to criminal defendants of the equal protection of the law for a state to exclude persons from service on a grand or petit jury on account of race, color, or previous condition of servitude. These holdings ''do not'' guarantee criminal defendants that the grand or petit juries involved in their case will be composed either in full or in part of members of a non-white defendant's race (as was sought in the ... [...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] |
Jury Selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box. At this stage, they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a ''challenge for cause'' argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Jury selection and techniques for ''voir dire'' are taught to law students in trial advocacy co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Temporary Insanity
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of '' nolo contendere'' ("no contest") and the Alford plea are allowed in some circumstances. Australia In Australia, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. The judge will testify during the indictment process. Canada In every province in Canada, except British Columbia, defendants are arraigned on the day of their trial. In British Columbia, arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackburn B
Blackburn () is an industrial town and the administrative centre of the Blackburn with Darwen borough in Lancashire, England. The town is north of the West Pennine Moors on the southern edge of the Ribble Valley, east of Preston and north-northwest of Manchester. Blackburn is the core centre of the wider unitary authority area along with the town of Darwen. It is one of the largest districts in Lancashire, with commuter links to neighbouring cities of Manchester, Salford, Preston, Lancaster, Liverpool, Bradford and Leeds. At the 2011 census, Blackburn had a population of 117,963, whilst the wider borough of Blackburn with Darwen had a population of 150,030. Blackburn had a population of 117,963 in 2011, with 30.8% being people of ethnic backgrounds other than white British. A former mill town, textiles have been produced in Blackburn since the middle of the 13th century, when wool was woven in people's houses in the domestic system. Flemish weavers who settled in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thayer Melvin
Thayer Melvin (November 15, 1835 – November 9, 1906) was an American lawyer, politician, and judge in the U.S. state of West Virginia. Melvin served as the fourth Attorney General of West Virginia from January 1, 1867, until July 1, 1869, and twice served as the presiding circuit judge of West Virginia's First Judicial District in the state's Northern Panhandle (1869–1881 and 1899–1906). Melvin was born in 1835 in present-day New Manchester, West Virginia. He was educated in local common schools and began studying law at the age of 17. In 1853, at the age of 18, Melvin became a member of the Hancock County bar. By the age of 20 he was elected as the Hancock County Commonwealth's attorney, a post to which he was twice reelected in 1856 and 1860. In May 1861, Melvin served as a delegate to the First Wheeling Convention. At the start of the American Civil War, Melvin enlisted as a private in Company F of the 1st West Virginia Volunteer Infantry Regiment of the Union A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probable Cause Hearing
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ohio County, West Virginia
Ohio County is a County (United States), county located in the Northern Panhandle of West Virginia, Northern Panhandle of the U.S. state of West Virginia. As of the 2020 United States census, 2020 census, the population was 42,425. Its county seat is Wheeling, West Virginia, Wheeling. The county was formed in 1776 from the District of West Augusta, Virginia. It was named for the Ohio River, which forms its western boundary with the Ohio, state of Ohio. West Liberty, West Virginia, West Liberty (formerly Black's Cabin) was designated as the county seat in 1777, serving to 1797. Ohio County is part of the Wheeling, West Virginia metropolitan area, Wheeling, WV-OH Metropolitan Statistical Area. Geography According to the United States Census Bureau, the county has a total area of , of which is land and (2.9%) is water. It is the third-smallest county in West Virginia by area. The highest point of elevation in Ohio County is approximately and located about southwest of West Alex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirteenth Amendment To The United States Constitution
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War. President Abraham Lincoln's Emancipation Proclamation, effective on January 1, 1863, declared that the enslaved in Confederate-controlled areas were free. When they escaped to Union lines or federal forces (including now-former slaves) advanced south, emancipation occurred without any compensation to the former owners. Texas was the last Confederate territory reached by the Union army. On June 19, 1865—Juneteenth—U.S. Army general Gordon Granger arrived in Galveston, Texas, to proclaim the war had ended and so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pittsburgh, Pennsylvania
Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Western Pennsylvania, the List of municipalities in Pennsylvania#Municipalities, second-most populous city in Pennsylvania behind Philadelphia, and the List of United States cities by population, 68th-largest city in the U.S. with a population of 302,971 as of the 2020 United States census, 2020 census. The city anchors the Pittsburgh metropolitan area of Western Pennsylvania; its population of 2.37 million is the largest in both the Ohio Valley and Appalachia, the Pennsylvania metropolitan areas, second-largest in Pennsylvania, and the List of metropolitan statistical areas, 27th-largest in the U.S. It is the principal city of the greater Pittsburgh–New Castle–Weirton combined statistical area that extends into Ohio and West Virginia. Pitts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wheeling, West Virginia
Wheeling is a city in the U.S. state of West Virginia. Located almost entirely in Ohio County, of which it is the county seat, it lies along the Ohio River in the foothills of the Appalachian Mountains and also contains a tiny portion extending into Marshall County. Wheeling is located about 60 miles (96 km) west of Pittsburgh and is the principal city of the Wheeling metropolitan area. As of the 2020 census, the metro area had a population of 145,205, and the city itself had a population of 27,062. Wheeling was originally a settlement in the British colony of Virginia, and later the second-largest city in the Commonwealth of Virginia. During the American Civil War, Wheeling was the host of the Wheeling Conventions that led to the formation of West Virginia, and it was the first capital of the new state. Due to its location along major transportation routes, including the Ohio River, National Road, and the B&O Railroad, Wheeling became a manufacturing center in the late n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
