|
Wisconsin V. Mitchell
''Wisconsin v. Mitchell'', 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for hate crimes do not violate criminal defendants' First Amendment rights.. It was a landmark precedent pertaining to First Amendment free speech arguments for hate crime legislation. In effect, the Court ruled that a state may consider whether a crime was committed or initially considered due to an intended victim's status in a protected class. Background facts The respondent, Todd Mitchell, was with a group of other African American individuals, in an apartment complex in Kenosha, Wisconsin. Members of this group were discussing the film ''Mississippi Burning''; in particular, a scene in which a white man beat a young black boy who was praying. According to the facts, undisputed by the respondent, in the briefs filed in lower courts, the group had discussed the scene indoors while drinking, and later moved outside the apartment complex. Outside, they w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenosha County, Wisconsin
Kenosha County is located in the southeastern corner of the U.S. state of Wisconsin. The population was 169,151 as of the 2020 United States census, 2020 census, making it the eighth most populous county in Wisconsin. The county shares the same name as the city of Kenosha, Wisconsin, Kenosha, the fourth largest city in Wisconsin. Kenosha County is part of the Chicago metropolitan area, the fourth most-populous metropolitan area in North America after the metro areas of Mexico City, New York, and Los Angeles. Kenosha County is situated on the southwestern shore of Lake Michigan. In March 2008, the demographers of the Wisconsin Department of Administration reported that Kenosha County saw improvements in its roads and business's need for personnel. The county also has a direct rail link to Chicago via Metra's Union Pacific / North Line. Since 2000, the county saw a population increase of 12.6%, higher than the overall Wisconsin growth of 6.0%. According to Business Insider, Kenosha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mississippi Burning
''Mississippi Burning'' is a 1988 American crime thriller film directed by Alan Parker that is loosely based on the 1964 murder investigation of Chaney, Goodman, and Schwerner in Mississippi. It stars Gene Hackman and Willem Dafoe as two FBI agents investigating the disappearance of three civil rights workers in fictional Jessup County, Mississippi, who are met with hostility by the town's residents, local police, and the Ku Klux Klan. Screenwriter Chris Gerolmo began the script in 1985 after researching the 1964 murders of James Chaney, Andrew Goodman and Michael Schwerner. He and producer Frederick Zollo presented it to Orion Pictures, and the studio hired Parker to direct the film. The writer and director had disputes over the script, and Orion allowed Parker to make uncredited rewrites. The film was shot in a number of locations in Mississippi and Alabama, with principal photography from March to May 1988. On release, ''Mississippi Burning'' was criticized by activists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases Involving The First Amendment
This is a list of cases that appeared before the Supreme Court of the United States involving the First Amendment to the United States Constitution. The establishment of religion Blue laws * '' McGowan v. Maryland'' (1961) * ''Braunfeld v. Brown'' (1961) * '' Gallagher v. Crown Kosher Super Market of Mass., Inc.'' (1961) * '' Thornton v. Caldor'' (1985) Government aid to church-related schools * '' Cochran v. Louisiana State Board of Education'', * '' Everson v. Board of Education'', * '' Board of Ed. of Central School Dist. No. 1 v. Allen'', * ''Lemon v. Kurtzman ''Lemon v. Kurtzman'', 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtz ...'', * ''Tilton v. Richardson'', * ''Lemon v. Kurtzman II'', * ''Levitt v. Committee for Public Education and Religious Liberty'', * ''Hunt v. McNair'', * '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motive (law)
A motive is the cause that moves people to induce a certain action. In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with. However, a motive is not required to reach a verdict.Law Library - American Law and Legal Information - JRank Articles. (n.d.). Retrieved October 14, 2014. Motives are also used in other aspects of a specific case, for instance, when police are initially investigating. The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with ''Mens rea'', which means the mental state shows liability which is enforced by law as an element of a crime. "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime. Motives are often broken down into three ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Local Ordinance
A local ordinance is a law issued by a local government. such as a municipality, county, parish, prefecture, or the like. China In Hong Kong, all laws enacted by the territory's Legislative Council remain to be known as ''Ordinances'' () after the transfer of the territory's sovereignty to China in 1997. Germany The German Constitution grants the federated states certain exclusive rights including police and public order powers. The 16 state governments delegate many of their responsibilities and powers to local authorities. Local authorities have powers to pass local ordinances () e.g. to determine the use of land, planning questions, public order, emergency and transport issues etc. The ordinance must follow a public disclosure and consultation procedure and then approved by the local assembly as well as the elected representative of the executive (e.g. the mayor). The state authorities or stakeholders including citizens who can show that they have a sufficiently strong i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of ''National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chilling Effect (term)
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill. A lawsuit initiated specifically for the purpose of creating a chilling effect may be called a Strategic Lawsuit Against Public Participation (SLAPP). "Chilling" in this context normally implies an undesirable slowing. Outside the legal context in common usage; any coercion or threat of coercion (or other unpleasantries) can have a chilling effect on a group of people regarding a specific behavior, and often can be statistically measured or be plain ... [...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] |
Court Of Appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offensive touching. U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Court Of Appeals")