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Prosecutorial Misconduct
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct. Types of misconduct * Failure to disclose exculpatory evidence * False confession * Falsified evidence * Malicious prosecution * Prosecutorial corruption * Retaliatory prosecution * Selective prosecution * Subornation of perjury Examples and remedies In late 1993, the 6th US Circuit Court of Appeals ruled that John Demjanjuk had been a victim of prosecutorial misconduct during a 1986 trial in which federal prosecutors withheld evidence. Demjanjuk's sentence was overturned, but he lost when his case was retried. In the 1995 murder trial of O. J. Simpson, the defense argued that Los Angele ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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United States Federal Government
The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic located primarily in North America, composed of 50 U.S. state, states, a city within a federal district (the city of Washington, D.C., Washington in the District of Columbia, where most of the federal government is based), five major Territories of the United States, self-governing territories and several United States Minor Outlying Islands, island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: United States Congress, legislative, #Executive branch, executive, and Federal judiciary of the United States, judicial, whose powers are vested by the United States Constitution, U.S. Constitution in the United States Congress, Congress, the President of the United States, president and the Federal Courts of the United State ...
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Robert Merkle
Robert W. Merkle, Jr. (1944-2003) was an American attorney who served as U.S. Attorney in the Middle District of Florida from 1982 to 1988. He also ran for governor of Florida and in the Republican primary for a U.S. Senate seat. He prosecuted drug lords, politicians, and judges. Early life Merkle went to St. Leo Preparatory School outside Tampa where he was an accomplished athlete. He received a football scholarship to Notre Dame where he played fullback during his junior year before being sidelined by injuries his senior year. Career He worked as a prosecutor for the Justice Department and as an assistant state attorney in the Pasco-Pinellas county circuit before being appointed U.S. attorney in April 1982. He was an outspoken opponent of abortion. He lost to Connie Mack III in the Republican Primary for the 1988 United States Senate election in Florida The 1988 United States Senate election in Florida was held on November 8, 1988. Incumbent Democratic U.S. Senator Lawt ...
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Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate a ...
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Conspiracy Theory
A conspiracy theory is an explanation for an event or situation that invokes a conspiracy by sinister and powerful groups, often political in motivation, when other explanations are more probable.Additional sources: * * * * The term has a negative connotation, implying that the appeal to a conspiracy is based on prejudice or insufficient evidence. A conspiracy theory is not the same as a conspiracy; instead, it refers to a hypothesized conspiracy with specific characteristics, such as an opposition to the mainstream consensus among those people (such as scientists or historians) who are qualified to evaluate its accuracy. Conspiracy theories resist falsification and are reinforced by circular reasoning: both evidence against the conspiracy and an absence of evidence for it are re-interpreted as evidence of its truth, whereby the conspiracy becomes a matter of faith rather than something that can be proven or disproven. Studies have linked belief in conspiracy theories to dis ...
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Government
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The major types of political systems in the modern era are democracies, monarchies, and authoritarian and totalitarian regimes. Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy, and tyranny. These forms are not always mutually exclusive, and mixed govern ...
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Francis Fukuyama
Francis Yoshihiro Fukuyama (; born October 27, 1952) is an American political scientist, political economist, international relations scholar and writer. Fukuyama is known for his book ''The End of History and the Last Man'' (1992), which argues that the worldwide spread of liberal democracies and free-market capitalism of the West and its lifestyle may signal the end point of humanity's sociocultural evolution and political struggle and become the final form of human government, an assessment met with criticisms. In his subsequent book ''Trust: Social Virtues and Creation of Prosperity'' (1995), he modified his earlier position to acknowledge that culture cannot be cleanly separated from economics. Fukuyama is also associated with the rise of the neoconservative movement, from which he has since distanced himself. Fukuyama has been a senior fellow at the Freeman Spogli Institute for International Studies since July 2010 and the Mosbacher Director of the Center on Democracy, D ...
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USA Today
''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virginia. Its newspaper is printed at 37 sites across the United States and at five additional sites internationally. The paper's dynamic design influenced the style of local, regional, and national newspapers worldwide through its use of concise reports, colorized images, Infographic, informational graphics, and inclusion of popular culture stories, among other distinct features. With an average print circulation of 159,233 as of 2022, a digital-only subscriber base of 504,000 as of 2019, and an approximate daily readership of 2.6 million, ''USA Today'' is ranked as the first by circulation on the list of newspapers in the United States. It has been shown to maintain a generally center-left audience, in regards to political persuasion. ''US ...
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Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ...
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Crime Scene
A crime scene is any location that may be associated with a committed crime. Crime scenes contain physical evidence that is pertinent to a criminal investigation. This evidence is collected by crime scene investigators (CSI) and law enforcement. The location of a crime scene can be the place where the crime took place or can be any area that contains evidence from the crime itself. Scenes are not only limited to a location, but can be any person, place, or object associated with the criminal behaviours that occurred. After a crime scene has been discovered, measures must be taken to secure and protect the scene from contamination. To maintain the integrity of the scene, law enforcement must take action to block off the surrounding area as well as keep track of who comes in and goes out. By taking these precautions, officers can ensure that evidence that is collected can be used in court. Evidence that has become contaminated, tampered with, or mistreated can pollute the scene an ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ...
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Mark Fuhrman
Mark Fuhrman (born February 5, 1952) is a former detective of the Los Angeles Police Department (LAPD). He is primarily known for his part in the investigation of the 1994 murders of Nicole Brown Simpson and Ron Goldman in the O. J. Simpson murder case. In 1995, Fuhrman was called to testify regarding his discovery of evidence in the Simpson case, including a bloody glove recovered at Simpson's estate. During the trial, claims were made that Fuhrman frequently used a racist epithet toward African Americans during the 1980s, which Fuhrman denied. In response, Simpson's defense team produced recorded interviews with Fuhrman and witnesses showing that he had repeatedly used racist language during this period. As a result, the defense claimed that Fuhrman had committed perjury and was not a credible witness. The credibility of the prosecution has been cited as one reason Simpson was acquitted. The defense claimed that Fuhrman planted key evidence as part of a racially motivated plot ...
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