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United States Constitutional Criminal Procedure
The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, Seventh and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments. Several of these rights regulate pre-trial procedure: access to a non-excessive bail, the right to indictment by a grand jury, the right to an information (charging document), the right to a speedy trial, and the right to be tried in a specific venue. Several ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution The Persian Constitutional Revolution ( fa, مشروطیت, Mashrūtiyyat, or ''Enghelāb-e Mashrūteh''), also known as the Constitutional Revolution of Iran, took place between 1905 and 1911. The revolution led to the establishment of a Maj ..." in the Modern liberalism in the United States, liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), ''Reynolds v. Sims'' (1964), ''Miranda v. Arizona'' (1966) and ''Loving v. Virginia'' (1967). Warren also led the Warren Commission, a Presidential Commission (United States), presidential commission that investigated the 1963 Assassina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compulsory Process Clause
The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the Supreme Court of the United States since this rule began. Text History The Compulsory Process Clause was part of the Sixth Amendment, which was ratified in 1791. Between ratification and the Fourteenth Amendment, there were very limited instances in which a court dealt with compulsory process. One important example is the trial of Vice President Aaron Burr, where Burr tried to subpoena documents from the President in order to sustain his defense. Though the case was heard in Federal Circuit Court the presiding judge was Chief Justice John Marshall who ordered the papers be issued, invoking the Sixth Amendment. After the passage of the Fourt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation Of The Bill Of Rights
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in '' Barron v. Bal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barron V
Barron may refer to: Places *Barron County, Wisconsin, United States *Barron, Wisconsin, city, United States *Barron (town), Wisconsin, town, United States * Barrón, village, Spain *Barron Field, an airfield in Everman, Texas, U.S. *Barron, Queensland, a suburb of Cairns, Australia *Barron Gorge National Park in Queensland, Australia * Barron River (other), a name of several rivers People *Barron (surname), a Scottish surname *Barron Clan, a sept of the Scots Clan Rose *Barron Field (author) *Barron Hilton, American business magnate *Barron Trump, son of Donald Trump Other *Barron v. Baltimore, a U.S. Supreme Court case regarding states' rights *Barron's Educational Series, a U.S. publisher *Barron's (newspaper), a financial weekly *Barron (horse), an Olympic show jumping horse See also *Barron's (other) Barron's or Barrons may refer to: *Barron's Educational Series, a publisher of books, as well as college entrance exam preparation classes and materials, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Akhil Amar
Akhil Reed Amar (born September 6, 1958) is an American legal scholar known for his expertise in constitutional law and criminal procedure. He holds the position of Sterling Professor of Law and Political Science at Yale University, and is an adjunct professor of law at Columbia University. A ''Legal Affairs'' poll placed Amar among the top 20 contemporary American legal thinkers. Early life and education Amar was born in Ann Arbor, Michigan, where his parents were medical students from India studying at the University of Michigan. His parents later became U.S. citizens. He has two brothers, one of whom, Vikram Amar, also became a law professor and serves as dean of the University of Illinois College of Law. Amar graduated from Las Lomas High School in Walnut Creek, California, in 1976. Amar attended Yale University, where he double majored in history and economics. He was a member of the Yale Debate Association and won its Thacher Memorial Prize, and won the Louis Laun Award ... [...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 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights Pg1of1 AC
Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Places * Bill, Wyoming, an unincorporated community, United States * Billstown, Arkansas, an unincorporated community, United States * Billville, Indiana, an unincorporated community, United States People * Bill (given name) * Bill (surname) * Bill (footballer, born 1978), ''Alessandro Faria'', Togolese football forward * Bill (footballer, born 1984), ''Rosimar Amâncio'', a Brazilian football forward * Bill (footballer, born 1999), ''Fabricio Rodrigues da Silva Ferreira'', a Brazilian forward Arts, media, and entertainment Characters * Bill (''Kill Bill''), a character in the ''Kill Bill'' films * William “Bill“ S. Preston, Esquire, The first of the titular duo of the Bill & Ted film series * A lizard in Lewis Carroll's '' Alice's Adve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antiterrorism And Effective Death Penalty Act Of 1996
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), , was introduced to the United States Congress in April 1995 as a Senate Bill (). The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton. Controversial for its changes to the law of habeas corpus in the United States, the AEDPA also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." Background On February 10, 1995, Senator Joe Biden introduced the Omnibus Counterterrorism Act of 1995 to the United States Senate. Just as was the case with its successor, the bill omnibus bill was introduced on behalf of the Clinton Administration. In the two months that the bill was debated in the Senate, little progress was made towards passage. Following the Oklahoma City Bombing on April 19, 1995, a n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harmless Error
In United States law, a harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context. Evidentiary errors are subject to harmless error analysis, under Federal Rule of Evidence 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.") The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of ''Earll v. State of Wyoming'', the Wyoming Supreme Court distinguished between reversible error (which requires a conviction be overturned) and harmless error (which does not), as follows: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assistance Of Counsel Clause
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself ''pro se''. Attachment at critical stages As stated in '' Brewer v. Williams'', , the right to counsel “means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.'” ''Brewer'' goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
