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Batson V. Kentucky
''Batson v. Kentucky'', 476 U.S. 79 (1986), was a List of landmark court decisions in the United States, landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. The case gave rise to the term ''Batson challenge'', an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. Subsequent jurisprudence has resulted in the extension of ''Batson'' to civil cases (''Edmonson v. Leesville Concrete Company'') and cases where jurors are excluded on the basis of sex (''J.E.B. v. Alabama ex rel. T.B.''). The principle had been established previously by several state cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Circuit Courts
The Kentucky Circuit Courts are the State court (United States), state courts of general jurisdiction in the U.S. state of Kentucky. Jurisdiction and bench The Circuit Courts are trial courts with original jurisdiction in cases involving Capital punishment, capital offenses and other Felony, felonies; land disputes; contested probates of Will (law), wills; and Civil law (common law), civil lawsuits in disputes with an amount in controversy over $5,000. Circuit courts also have the power to issue injunctions, writs of Prohibition (writ), prohibition, writs of mandamus, and appeals from the decisions of Government agency, administrative agencies. Circuit Courts also hear appeals from the Kentucky District Courts, District Courts, which in Kentucky are courts of limited jurisdiction that hear misdemeanor criminal cases, traffic violations, violations of county and municipal ordinances and Small claims court, small claims. The family court division of Circuit Court has original juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of '' Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("or the person that committeth burglary"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court. In 1969, President Richard Nixon nominated Burger to succeed Earl Warren as Chief Justice, and Burger won Senate confirmation with little opposition. He did not emerge as a strong intellectual force on the Court, but sought to improve the administration of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of The United States
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are Federal impeachment in the United States, impeached and convicted. The existence of a chief justice is only explicit in Article One of the United States Constitution#Clause 6: Trial of Impeachment, Article I, Section 3, Clause 6 which states that the chief justice shall preside over the Federal impeachment trial in the United States, impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump's first impeachment. The chief justice has significant influence in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis Franklin Powell Jr
Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduated from both the Washington and Lee University School of Law and Harvard Law School and served in the United States Army Air Forces during World War II. He worked for Hunton & Williams, a large law firm in Richmond, Virginia, focusing on corporate law and representing clients such as the Tobacco Institute. His 1971 Powell Memorandum became the blueprint for the rise of the American conservative movement and the formation of a network of influential right-wing think tanks and lobbying organizations, such as The Heritage Foundation and the American Legislative Exchange Council. In 1971, President Richard Nixon appointed Powell to succeed the late Associate Justice Hugo Black. He retired from the Court during the administration of President ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Supreme Court
The Kentucky Supreme Court is the state supreme court of the U.S. state of Kentucky. Prior to its creation by constitutional amendment in 1975, the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of Appeals is now Kentucky's intermediate appellate court. Criminal appeals involving a sentence of death, life imprisonment, or imprisonment of twenty years or more are heard directly by the Kentucky Supreme Court, bypassing the Kentucky Court of Appeals. All other cases are heard on a discretionary basis on appeal from the Kentucky Court of Appeals. The Kentucky Supreme Court promulgates the Rules of Court and Rules of Evidence. Through two of its subagencies, the Kentucky Office of Bar Admissions (KYOBA) and Kentucky Bar Association (KBA), it is the final arbiter for bar admissions (KYOBA) and discipline (KBA). In the event that two or more justices of the Kentucky Supreme Court recuse themselves from a case, the Governor of Kentucky app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Challenge For Cause
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States. During the jury selection process, after ''voir dire (; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: * Prospective jurors are questioned to decide whether they can be fair and i ...'', opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a suitable punishment.Arbetman, Lee P. & O'Brien, Edward L. ''Glencoe Street Law'', pg. 50,648. Glencoe/McGraw-Hill, New York, 2005. . An example would be a potential juror in a murder case, where the sentencing options include the death penalty and a lesser sentence (such as life without parole), who states that they "would sentence a defendant to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voir Dire
(; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: * Prospective jurors are questioned to decide whether they can be fair and impartial. * Witnesses are questioned to decide their competence to testify. * Witnesses are questioned to decide the admissibility of evidence. Etymology From Old French ' "true" (from Latin ' "true," from Proto-Indo-European language">PIE root ''*were-o-'' "true, trustworthy") and from Old French ' "to say" (from Latin ' "speak, tell, say," from PIE root ''*deik-'' "to show," also "pronounce solemnly"). It originally referred to an oath taken by jurors to tell the truth (). It comes from the Anglo-Norman language. Historic use In earlier centuries, a Peremptory challenge, challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of ''voir dire'', meaning to tell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All White Jury
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States and other countries. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors (regardless of the jury's ultimate composition) is specifically prohibited. Depending on context, the phrases "all-white jury" or "all-black jury" can raise the expectation that deliberations may be unfair. Australia In Australia, the right to a representative jury is severely limited. Australian Aboriginals are overrepresented in the criminal justice system, but seldom appear on juries even in parts of Australia where they represent a sizable portion of the population. Courts have examined objections raised when the selection of juries did not represent either the so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
