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Tapia V. United States
''Tapia v. United States'', 564 U.S. 319 (2011), was a United States Supreme Court case in which the Court held that a federal court cannot give a criminal defendant a longer sentence to promote rehabilitation. Background Alejandra Tapia was sentenced to 51 months in federal prison for bringing an illegal immigrant into the United States for financial gain.United States v. Tapia', No. 09-50248, (9th Cir. April 16, 2010). Tapia challenged the basis for the District Court's sentencing decision. Specifically, Tapia challenged basing the length of sentence on speculation about when Tapia would be able to enter and complete the Bureau of Prisons' drug abuse treatment program. In a brief order, the Ninth Circuit Court of Appeals, relying on its previous decisions, affirmed the decision. Tapia petitioned the Supreme Court for certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the Brahmi numerals, beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an Ascender (typography), ascender in most modern typefaces, in typefaces with text figures the character usually has a desc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentencing Reform Act
The Sentencing Reform Act, part of the Comprehensive Crime Control Act of 1984, was a U.S. federal statute intended to increase consistency in United States federal sentencing. It established the United States Sentencing Commission. It also abolished federal parole, except for persons convicted under federal law before 1 November 1987, persons convicted under District of Columbia law, " transfer treaty" inmates, persons who violated military law who are in federal civilian prisons, and persons who are defendants in state cases and who are under the U.S. Marshals Service Witness Protection Program. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
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 ... [...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] |
Rehabilitation (penology)
Rehabilitation is the process of re-educating and retraining those who commit crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders – but may also involve more general education such as literacy skills and work training. The goal is to re-integrate offenders back into society. Methods A successful rehabilitation of a prisoner is also helped if convicted persons: * are not placed in health-threateningly bad conditions, enjoy access to medical care and are protected from other forms of serious ill-treatment,Clare Ovey, Ensuring respect of the rights of prisoners under the European Convention on Human Rights as part of their reintegration process'', Registry of the European Court of Human Rights. * are able to maintain ties to the outside world, * learn new skills to assist them with working life on the outside, * enjoy clear and detailed statutory regulations clarify ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bureau Of Prisons
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that is, violations of the United States Code. History The federal prison system had existed for more than 30 years before the BOP was established. Although its wardens functioned almost autonomously, the Superintendent of Prisons, a Department of Justice official in Washington, was nominally in charge of federal prisons. The passage of the "Three Prisons Act" in 1891 authorized the first three federal penitentiaries: USP Leavenworth, USP Atlanta, and USP McNeil Island with limited supervision by the Department of Justice. Until 1907, prison matters were handled by the Justice Department General Agent, with responsibility for Justice Department accounts, oversight of internal operations, and certain criminal investigations, as well as pris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ninth Circuit Court Of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circuit Split
In United States federal courts, a circuit split occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. The existence of a circuit split is one of the factors that the Supreme Court of the United States considers when deciding whether to grant review of a case.https://www.supremecourt.gov/ctrules/2013RulesoftheCourt.pdf Some scholars suggest that the Supreme Court is more likely to grant review of a case to resolve a circuit split than for any other reason. Despite the desire of the Supreme Court to resolve conflicts between circuit courts, legal scholars disagree about whether circuit splits are ultimately detrimental or beneficial. Some argue that circuit splits are harmful because they create confusion and encourage forum shopping, while other scholars argue that variation among circuits allows local courts to experiment with new laws that reflect the values of the local residents. Scholars have also observed that re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lyle Denniston
Lyle Denniston (born March 16, 1931) is an American legal journalist, professor, and author, who has reported on the Supreme Court of the United States since 1958. He wrote for SCOTUSblog, an online blog featuring news and analysis of the Supreme Court, until June 2016, after previously having written for multiple national newspapers and legal periodicals. His commentary is also featured on the National Public Radio show ''Here and Now''. In addition, he has contributed to numerous books and journals, and is the author of "The Reporter and the Law: Techniques for Covering the Courts." Denniston has taught classes on law, journalism, and American constitutional history at American University, Georgetown University, Penn State University, and Johns Hopkins University. Because of his long-standing coverage of the Court, he has been referred to as the "Dean Emeritus of the Supreme Court Press Corps," and he enjoys the singular distinction of being the only person to have earned a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
