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Post Conviction
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal ''habeas corpus'' proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights. The post-conviction process is in place to protect innocent individuals from inherent human error in the criminal justice system. One study cites 10,000 innocent people are convicted each year in the United States. Criminal appeals The appeals process is the request for a formal change of a decision made by a court of law. The litigant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, Mandate (criminal law), mandate, and warrant (law), warrant. Process normally takes effect by service of process, serving it on a person, arresting a person, posting it on real property, or seizing personal property. Abuse See also *Civil procedure *Due process *Legal proceedings *Legal process outsourcing *Procedural law *Trial References Further reading *Hartzler, H. Richard (1976). ''Justice, Legal Systems, and Social Structure''. Port Washington, NY: Kennikat Press. *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, NJ: Prentice-Hall. *Murphy, Cornelius F. (1977). ''Introduction to Law, Legal Process, and Procedure''. St. Paul, MN: West Publishing. *Schwartz, Bernard (1974). ''The Law in America''. New York: American Heritage Publishing Co. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Innocence Project
Innocence Project, Inc. is a 501(c)(3) nonprofit legal organization that works to exonerate the wrongly convicted through DNA testing and other forms of post-conviction relief, as well as advocates for criminal justice reform to prevent future injustice. The group cites various studies estimating that in the United States between 1% and 10% of all prisoners are innocent. The Innocence Project was founded in 1992 by Barry Scheck and Peter Neufeld, who gained national attention in the mid-1990s as part of the " Dream Team" of lawyers who formed part of the defense in the O. J. Simpson murder case. , the Innocence Project has successfully overturn more than 300 convictions through DNA-based exonerations. In 2021, the Innocence Project received the biennial Milton Friedman Prize for Advancing Liberty by Cato Institute, awarded in recognition and gratitude for its work to ensure liberty and justice for all. In March 2022, The Innocence Project won two Webby Awards for its ''Happi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DNA Evidence
Deoxyribonucleic acid (; DNA) is a polymer composed of two polynucleotide chains that coil around each other to form a double helix. The polymer carries genetic instructions for the development, functioning, growth and reproduction of all known organisms and many viruses. DNA and ribonucleic acid (RNA) are nucleic acids. Alongside proteins, lipids and complex carbohydrates (polysaccharides), nucleic acids are one of the four major types of macromolecules that are essential for all known forms of life. The two DNA strands are known as polynucleotides as they are composed of simpler monomeric units called nucleotides. Each nucleotide is composed of one of four nitrogen-containing nucleobases (cytosine guanine adenine or thymine , a sugar called deoxyribose, and a phosphate group. The nucleotides are joined to one another in a chain by covalent bonds (known as the phosphodiester linkage) between the sugar of one nucleotide and the phosphate of the next, resulting in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to Right to a fair trial, fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Exonerated Death Row Inmates
This list contains names of people who were found guilty of capital crimes and placed on death row but later found to be wrongly convicted. Many of these exonerees' sentences were overturned by acquittal or pardon, but some of those listed were exonerated posthumously. The state listed is that in which the conviction occurred, the year is that of release and the case is that which overturned the conviction. This list does not include: # Posthumous pardons for individuals executed before 1950. # Inmates who were given life sentences when their country, province or state abolished the death penalty. # People who were threatened with death and never jailed. # People who were jailed by extralegal groups or courts, for example, as often occurs in cases of sentences of stoning. Canada * Steven Truscott was convicted of a schoolmate's murder in 1959 and sentenced at age 14 to death by hanging. His sentence was commuted to life in prison four months later, and he was paroled in 1969. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Error Coram Nobis
A writ of ''coram nobis'' (also writ of error ''coram nobis'', writ of ''coram vobis'', or writ of error ''coram vobis'') is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment's proceedings and that would have prevented the judgment from being pronounced. ''Google Scholar'' In the United Kingdom, the common law writ is superseded by the Common Law Procedure Act 1852 ( 15 & 16 Vict. c. 76) and the Criminal Appeal Act 1907 ( 7 Edw. 7. c. 23). The writ survives in the United States in federal courts, in the courts of sixteen states, and the District of Columbia courts. Each state has its own ''coram nobis'' procedures. A writ of coram nobis can be granted only by the court where the original judgment was entered, so those seeking to correct a judgment must understand the criteria required for that jurisdiction. Terminology A writ is an official written command, while ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malaysia
Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia on the Mainland Southeast Asia, Indochinese Peninsula and East Malaysia on the island of Borneo. Peninsular Malaysia shares land and maritime Malaysia–Thailand border, borders with Thailand, as well as maritime borders with Singapore, Vietnam, and Indonesia; East Malaysia shares land borders with Brunei and Indonesia, and a maritime border with the Philippines and Vietnam. Kuala Lumpur is the country's national capital, List of cities and towns in Malaysia by population, largest city, and the seat of the Parliament of Malaysia, legislative branch of the Government of Malaysia, federal government, while Putrajaya is the federal administrative capi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
