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Not Guilty Plea
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, '' nolo contendere'' (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States). The concept of the plea is one of the significant differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted, and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession do ...
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Common Law (legal System)
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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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 p ...
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Court Reporter
A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine, thereby transforming the proceedings into an official certified transcript by nature of their training, certification, and usually licensure. This can include courtroom hearings and trials, depositions and discoveries, sworn statements, and more. United States The court reporter in some states is a notary by virtue of their state licensing, and a notary public is authorized to administer oaths to witnesses and who certifies that their transcript of the proceedings is a verbatim account of what was said—unlike a court recorder, who only operates recording machinery and sends the audio files for transcription over the internet, or a voice writer, who uses voice-to-text software. Many states require a court reporter to hold a certification obtained through the National Court Reporters Association; some ...
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Plea Colloquy
A plea colloquy, in United States criminal procedure, is a conversation between a judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ... and a criminal defendant who has been Oath, sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid. The United States Supreme Court has crafted a doctrine which requires the court to engage in a specific line of inquiry. Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things: #The nature of the charge #The potential penalties which might result from the plea, including any mandatory minimum sentence #The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant ...
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Johnson V
Johnson is a surname of Anglo-Norman origin meaning "Son of John". It is the second most common in the United States and 154th most common in the world. As a common family name in Scotland, Johnson is occasionally a variation of ''Johnston'', a habitational name. Etymology The name itself is a patronym of the given name ''John'', literally meaning "son of John". The name ''John'' derives from Latin ''Johannes'', which is derived through Greek ''Iōannēs'' from Hebrew ''Yohanan'', meaning "Yahweh has favoured". Origin The name has been extremely popular in Europe since the Christian era as a result of it being given to St John the Baptist, St John the Evangelist and nearly one thousand other Christian saints. Other Germanic languages * Swedish: Johnsson, Jonsson * Icelandic: Jónsson See also * List of people with surname Johnson *Gjoni (Gjonaj) *Ioannou * Jensen *Johansson * Johns *Johnsson * Johnston *Johnstone * Jones *Jonson *Jonsson Jonsson is a surname of Nordic ...
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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 tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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 in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, 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 ove ...
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Salem Witch Trials
The Salem witch trials were a series of hearings and prosecutions of people accused of witchcraft in colonial Massachusetts between February 1692 and May 1693. More than 200 people were accused. Thirty people were found guilty, 19 of whom were executed by hanging (14 women and five men). One other man, Giles Corey, was pressed to death after refusing to enter a plea, and at least five people died in jail. Arrests were made in numerous towns beyond Salem and Salem Village (known today as Danvers), notably Andover and Topsfield. The grand juries and trials for this capital crime were conducted by a Court of Oyer and Terminer in 1692 and by a Superior Court of Judicature in 1693, both held in Salem Town, where the hangings also took place. It was the deadliest witch hunt in the history of colonial North America. Only fourteen other women and two men had been executed in Massachusetts and Connecticut during the 17th century. The episode is one of Colonial America's most ...
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Witchcraft
Witchcraft traditionally means the use of magic or supernatural powers to harm others. A practitioner is a witch. In medieval and early modern Europe, where the term originated, accused witches were usually women who were believed to have used malevolent magic against their own community, and often to have communed with evil beings. It was thought witchcraft could be thwarted by protective magic or counter-magic, which could be provided by cunning folk or folk healers. Suspected witches were also intimidated, banished, attacked or killed. Often they would be formally prosecuted and punished, if found guilty or simply believed to be guilty. European witch-hunts and witch trials in the early modern period led to tens of thousands of executions. In some regions, many of those accused of witchcraft were folk healers or midwives. European belief in witchcraft gradually dwindled during and after the Age of Enlightenment. Contemporary cultures that believe in magic and the ...
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Giles Corey
Giles Corey ( August 1611 – September 19, 1692) was an English-born American farmer who was accused of witchcraft along with his wife Martha Corey during the Salem witch trials. After being arrested, Corey refused to enter a plea of guilty or not guilty. He was subjected to pressing in an effort to force him to plead—the only example of such a sanction in American history—and died after three days of this torture. Because Corey refused to enter a plea, his estate passed on to his sons instead of being seized by the local government. Corey is believed to have died in the field adjacent to the prison that had held him, in what later became the Howard Street Cemetery in Salem, which opened in 1801. His exact grave location in the cemetery is unmarked and unknown. There is a memorial plaque to him in the nearby Charter Street Cemetery. Pre-trial history Giles Corey was born in Northampton, England. He was baptized in the church of the Holy Sepulchre on August 16, 1611. Gi ...
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History Of The United States
The history of the lands that became the United States began with the arrival of the first people in the Americas around 15,000 BC. Numerous indigenous cultures formed, and many saw transformations in the 16th century away from more densely populated lifestyles and towards reorganized polities elsewhere. The European colonization of the Americas began in the late 15th century, however most colonies in what would later become the United States were settled after 1600. By the 1760s, the thirteen British colonies contained 2.5 million people and were established along the Atlantic Coast east of the Appalachian Mountains. After defeating France, the British government imposed a series of taxes, including the Stamp Act of 1765, rejecting the colonists' constitutional argument that new taxes needed their approval. Resistance to these taxes, especially the Boston Tea Party in 1773, led to Parliament issuing punitive laws designed to end self-government. Armed conflict bega ...
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Peine Forte Et Dure
' (Law French for "hard and forceful punishment") was a method of torture formerly used in the common law legal system, in which a defendant who refused to plead ("stood mute") would be subjected to having heavier and heavier stones placed upon his or her chest until a plea was entered, or death resulted. Many defendants charged with capital offences would refuse to plead in order to avoid forfeiture of property. If the defendant pleaded either guilty or not guilty and was executed, their heirs would inherit nothing, their property escheating to the State. If they refused to plead their heirs would inherit their estate, even if they died in the process. Legal background The common law courts originally took a very limited view of their own jurisdiction. They considered themselves to lack jurisdiction over a defendant until he had voluntarily submitted to it by entering a plea seeking judgment from the court. Obviously, a criminal justice system that could punish only those who ...
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Nuclear Power
Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced by nuclear ''fission'' of uranium and plutonium in nuclear power plants. Nuclear ''decay'' processes are used in niche applications such as radioisotope thermoelectric generators in some space probes such as ''Voyager 2''. Generating electricity from ''fusion'' power remains the focus of international research. Most nuclear power plants use thermal reactors with enriched uranium in a once-through fuel cycle. Fuel is removed when the percentage of neutron absorbing atoms becomes so large that a chain reaction can no longer be sustained, typically three years. It is then cooled for several years in on-site spent fuel pools before being transferred to long term storage. The spent fuel, though low in volume, is high-level radioactive wa ...
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