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United States V. Wheeler (1978)
''United States v. Wheeler'', 435 U.S. 313 (1978), was a United States Supreme Court case in which the Court held the Double Jeopardy Clause does not bar the federal prosecution of a Native American (Indian) who has already been prosecuted by the tribe. Background In 1974, Anthony Robert Wheeler, a member of the Navajo tribe, was charged with disorderly conduct through the tribal justice system. On October 18, 1974, Wheeler pleaded guilty to that charge and to contributing to the delinquency of a minor. Wheeler was sentenced to 15 days in jail or a fine of $30 on the disorderly conduct, and 60 days in jail or a fine of $120 on the second charge. On November 19, 1975, a federal grand jury indicted Wheeler for statutory rape, based on the same incident, and Wheeler moved to quash the indictment based on double jeopardy. The United States District Court dismissed the indictment. The Ninth Circuit Court of Appeals affirmed the dismissal, concluding that tribal courts and fe ... [...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] |
Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: ''" r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."'' The four essential protections included are prohibitions against, for the same offense: *retrial after an acquittal; *retrial after a conviction; *retrial after certain mistrials; and *multiple punishment Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment. "Same offense" In ''United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and this i ... [...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] |
Native Americans In The United States
Native Americans, also known as American Indians, First Americans, Indigenous Americans, and other terms, are the Indigenous peoples of the mainland United States ( Indigenous peoples of Hawaii, Alaska and territories of the United States are generally known by other terms). There are 574 federally recognized tribes living within the US, about half of which are associated with Indian reservations. As defined by the United States Census, "Native Americans" are Indigenous tribes that are originally from the contiguous United States, along with Alaska Natives. Indigenous peoples of the United States who are not listed as American Indian or Alaska Native include Native Hawaiians, Samoan Americans, and the Chamorro people. The US Census groups these peoples as " Native Hawaiian and other Pacific Islanders". European colonization of the Americas, which began in 1492, resulted in a precipitous decline in Native American population because of new diseases, wars, ethni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Navajo Tribe
The Navajo Nation ( nv, Naabeehó Bináhásdzo), also known as Navajoland, is a Native American reservation in the United States. It occupies portions of northeastern Arizona, northwestern New Mexico, and southeastern Utah; at roughly , the Navajo Nation is the largest land area held by a Native American tribe in the U.S., exceeding ten U.S. states. In 2010, the reservation was home to 173,667 out of 332,129 Navajo tribal members; the remaining 158,462 tribal members lived outside the reservation, in urban areas (26 percent), border towns (10 percent), and elsewhere in the U.S. (17 percent). The seat of government is located in Window Rock, Arizona. The United States gained ownership of this territory in 1848 after acquiring it in the Mexican-American War. The reservation was within New Mexico Territory and straddled what became the Arizona-New Mexico border in 1912, when the states were admitted to the union. Unlike many reservations, it has expanded several times since it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply ''carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of . Variation in common law countries is the peremptory plea, which may take the specific forms of ('previously acquitted') or ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle ('not twice against the same'). Availability as a legal defence If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries certain exemptions are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Arizona
The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit. The District was established on June 20, 1910, pending Arizona statehood on February 14, 1912. The United States Attorney's Office for the District of Arizona represents the United States in civil and criminal litigation in the court. the United States Attorney is Gary M. Restaino. Organization of the court The United States District Court for the District of Arizona is the sole federal judicial district in Arizona. Court for the District is held at Flagstaff, Phoenix, Prescott, Tucson, and Yuma. Magistrate courts, established to hear violations on federal lands, are additionally located in Grand Canyon National Park, Kingman, and Page. The District is further divided into three divisions, with each of these having a central office. The divisions a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
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 Accountabil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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