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Maouloud Baby V. State Of Maryland
''Maouloud Baby v. State of Maryland'' (aka ''Maryland v. Baby'') is a Maryland state court case relating to the ability to withdraw sexual consent. Initially, the two men involved were charged as adults with first-degree rape. First defendant, Michael Wilson, pleaded guilty to second-degree rape and was sentenced to 18 months. Maouloud Baby's first trial ended in a mistrial. In his second trial, he was convicted of the state crimes of first-degree rape, first-degree sexual offense and third-degree sexual offense. Baby appealed on the grounds that the trial judge had refused to answer questions from the jury on whether rape includes consensual intercourse that becomes non-consensual. In 2006 the Maryland Court of Special Appeals held that the judge should have answered in the negative, reversed Baby's convictions, and remanded the case for re-trial. The prosecution cross-appealed to the state Court of Appeals. That court held in 2007 that the judge should have answered in the posit ...
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Maryland Court Of Appeals
The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. Its name was changed on December 14, 2022, from the Maryland Court of Appeals, after a voter-approved change to the state constitution. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes. Functions As Maryland's highest court, the Supreme Court of Maryland reviews cases of both major and minor importance. Throughout the year, the Supreme Court of Maryland holds hearings on the adoption or amendment of rules of practice and procedure. It also supervises the Attorney Grievance Commission and State Board of Law Examiners in attorney disciplinary and admission matters. The Chief Justice of the Supreme Court of Maryland, designated by the Governor, is ...
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Ejaculation
Ejaculation is the discharge of semen (the ''ejaculate''; normally containing sperm) from the male reproductory tract as a result of an orgasm. It is the final stage and natural objective of male sexual stimulation, and an essential component of natural conception. In rare cases, ejaculation occurs because of prostatic disease. Ejaculation may also occur spontaneously during sleep (a nocturnal emission or "wet dream"). ''Anejaculation'' is the condition of being unable to ejaculate. Ejaculation is usually very pleasurable for men; '' dysejaculation'' is an ejaculation that is painful or uncomfortable. Retrograde ejaculation is the condition where semen travels backwards into the bladder rather than out the urethra. Phases Stimulation A usual precursor to ejaculation is the sexual arousal of the male, leading to the erection of the penis, though not every arousal nor erection leads to ejaculation. Penile sexual stimulation during masturbation or vaginal, anal, oral ...
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Sex Laws
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are intended to protect one or all participants, while others are intended to proscribe behavior that has been defined as a crime. For example, a law may proscribe unprotected sex if one person knows that they have a sexual disease or to protect a minor; or it may proscribe non-consensual sex. In general, laws may proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. Sexual abuse is unwanted sexual contact between two or more adults or two or more minors, and, depending on laws with regard to age of consent, sexual contact between an adult and a minor. Definitions Sex crimes are forms of human sexual behavior that are considered sufficiently unaccept ...
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Maryland State Case Law
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. Baltimore is the largest city in the state, and the capital is Annapolis. Among its occasional nicknames are '' Old Line State'', the ''Free State'', and the ''Chesapeake Bay State''. It is named after Henrietta Maria, the French-born queen of England, Scotland, and Ireland, who was known then in England as Mary. Before its coastline was explored by Europeans in the 16th century, Maryland was inhabited by several groups of Native Americans – mostly by Algonquian peoples and, to a lesser degree, Iroquoian and Siouan. As one of the original Thirteen Colonies of England, Maryland was founded by George Calvert, 1st Baron Baltimore, a Catholic convert"George Calvert and Cecilius Calvert, Barons Baltimore" William Hand Browne, Nabu P ...
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Spousal Rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue ...
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Sexual Assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Types Child sexual abuse Child sexual abuse is a form of child abuse in wh ...
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Sexual Ethics
Sexual ethics (also known as sex ethics or sexual morality) is a branch of philosophy that considers the ethics or morality or otherwise in sexual behavior. Sexual ethics seeks to understand, evaluate and critique interpersonal relationships and sexual activities from a social, cultural, and philosophical perspective. Some people consider aspects of human sexuality, such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics. Historically, the prevailing notions of what is regarded as sexually ethical have been linked to philosophy and religious teachings. More recently, the feminist movement has emphasized personal choice and consent in sexual activities. Terminology and philosophical context The terms ''ethics'' and ''morality'' are often used interchangeably, but sometimes ''ethics'' is reserved for interpersonal interactions and ''morality'' is used to cover both interpersonal and in ...
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Sex And The Law
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are intended to protect one or all participants, while others are intended to proscribe behavior that has been defined as a crime. For example, a law may proscribe unprotected sex if one person knows that they have a sexual disease or to protect a minor; or it may proscribe non-consensual sex. In general, laws may proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. Sexual abuse is unwanted sexual contact between two or more adults or two or more minors, and, depending on laws with regard to age of consent, sexual contact between an adult and a minor. Definitions Sex crimes are forms of human sexual behavior that are considered sufficiently unacceptabl ...
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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 co ...
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Jury Instructions
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given t ...
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Element (criminal Law)
Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed each element of the particular crime charged. The component parts that make up any particular crime vary now depending on the crime. The basic components of an offense are listed below; generally, each element of an offense falls into one or another of these categories. At common law, conduct could not be considered criminal unless a defendant possessed some level of intentioneither purpose, knowledge, or recklessnesswith regard to both the nature of his alleged conduct and the existence of the factual circumstances under which the law considered that conduct criminal. Howev ...
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Sexual Penetration
Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or animal sexual behavior. The term is most commonly used in statute law in the context of proscribing certain sexual activities. Terms such as " sexual intercourse" or "carnal knowledge" are more commonly found in older statutes, while many modern criminal statutes use the term "sexual penetration" because it is a broad term encompassing (unless otherwise qualified) any form of penetrative sexual activity, including digital (i.e., the fingers) or with an object, and may involve only the most minimal penetration. Some jurisdictions refer to some forms of penetration as "acts of indecency", or other terminology. Definitions When a penis is inserted into a vagina, it is generally called vaginal sex, vaginal intercourse, or penis-in-vagina (PIV) sex. When a penis penetrates another person's anus, it is called anal sex or ...
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