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Trial Penalty
In the United States, the trial penalty refers to the difference between the smaller sentence offered to a defendant in a plea bargain prior to a criminal trial versus the larger sentence the defendant could receive if they elect to go to trial. It sits at the center of a legal debate over whether trial penalties abridge defendants' Sixth Amendment right to trial. Background In a plea bargain, a criminal defendant waives their right to trial and agrees to plead guilty to a lesser charge than would have been brought against them at trial or agrees to plead guilty to the original charge in exchange for a sentence that is less than the maximum possible. Plea bargaining is pervasive in the United States, with most criminal defendants accepting a plea deal rather than going to trial. At the federal level, just 2% of defendants elect to go to trial. The constitutionality of plea bargaining has been repeatedly affirmed by the United States Supreme Court (e.g. ''Brady v. United States'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brady V
Brady may refer to: People * Brady (surname) * Brady (given name) * Brady (nickname) * Brady Boone, a ring name of American professional wrestler Dean Peters (1958–1998) Places in the United States * Brady, Montana, a census-designated place and unincorporated community * Brady, Nebraska, a village * Brady, Texas, a city * Brady, Washington, a census-designated place * Brady Township (other) * Brady Lake (Ohio) * Brady Creek Reservoir, also known as Brady Lake and Brady Reservoir, McCulloch County, Texas Arts and entertainment * "Duncan and Brady", also known as "Brady", a traditional murder ballad * The fictional Brady family, in the American television show ''The Brady Bunch'' and various sequels and spinoffs * Brady Black, a character in the American soap opera ''Days of Our Lives'' Companies * Brady Corporation, a manufacturer of products for identifying components used in workplaces * Brady Drum Company, a manufacturer of drums in Western Australia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethically Disputed Judicial Practices
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual inquiry, moral philosophy is related to the fields of moral psychology, descriptive ethics, and value theory. Three major areas of study within ethics recognized today are: # Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined; # Normative ethics, concerning the practical means of determining a moral course of action; # Applied ethics, concerning what a person is obligated (or permitted) to do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published six days a week by Dow Jones & Company, a division of News Corp. The newspaper is published in the broadsheet format and online. The ''Journal'' has been printed continuously since its inception on July 8, 1889, by Charles Dow, Edward Jones, and Charles Bergstresser. The ''Journal'' is regarded as a newspaper of record, particularly in terms of business and financial news. The newspaper has won 38 Pulitzer Prizes, the most recent in 2019. ''The Wall Street Journal'' is one of the largest newspapers in the United States by circulation, with a circulation of about 2.834million copies (including nearly 1,829,000 digital sales) compared with ''USA Today''s 1.7million. The ''Journal'' publishes the luxury news and lifestyle magazine ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Dershowitz
Alan Morton Dershowitz ( ; born September 1, 1938) is an American lawyer and former law professor known for his work in U.S. constitutional law and American criminal law. From 1964 to 2013, he taught at Harvard Law School, where he was appointed the Felix Frankfurter Professor of Law in 1993. Dershowitz is a regular media contributor, political commentator, and legal analyst. Dershowitz is known for taking on high-profile and often unpopular causes and clients. As of 2009, he had won 13 of the 15 murder and attempted murder cases he handled as a criminal appellate lawyer. Dershowitz has represented such celebrity clients as Mike Tyson, Patty Hearst, Leona Helmsley, Julian Assange, and Jim Bakker. Major legal victories have included two successful appeals that overturned convictions, first for Harry Reems in 1976, then in 1984 for Claus von Bülow, who had been convicted of the attempted murder of his wife, Sunny. In 1995, Dershowitz served as the appellate adviser on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, 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 of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or 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 countries for criminal cases. Only 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 malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Association Of Criminal Defense Lawyers
The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, judges, and defense counsel in international criminal tribunals, including the International Criminal Tribunal for the former Yugoslavia. NACDL, headquartered in Washington, D.C., was founded in 1958, has nearly 9,000 direct members and 90 state, local, and international affiliate criminal defense lawyer organizations with a total of about 40,000 members. Description The organization has worked to build coalitions of legal organizations in order to provide a forum for important legal issues. Groups such as the American Bar Association, American Civil Liberties Union, the Constitution Project, Federalist Society, Heritage Foundation, and the Washington Legal Foundation have been involved with these projects. NACDL often submits ''amicus curiae'', or fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ... [...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] |
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