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Massiah V. United States
''Massiah v. United States'', 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches. In ''Massiah'', the defendant had been indicted on a federal narcotics charge. He retained a lawyer, pleaded not guilty, and was released on bail. A co-defendant, after deciding to cooperate with the government, invited Massiah to sit in his car and discuss the crime he was indicted on, during which the government listened in via a radio transmitter. During the conversation, Massiah made several incriminating statements, and those statements were introduced at trial to be used against him. Massiah appealed his conviction, which was affirmed in part by the Court of Appeals for the Second Circuit. The Supreme Court granted certiorari and reversed, holding t ...
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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 the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants 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 has additionally held that the requirement of a ...
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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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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ...
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Radio Transmitter
In electronics and telecommunications, a radio transmitter or just transmitter is an electronic device which produces radio waves with an antenna. The transmitter itself generates a radio frequency alternating current, which is applied to the antenna. When excited by this alternating current, the antenna radiates radio waves. Transmitters are necessary component parts of all electronic devices that communicate by radio, such as radio and television broadcasting stations, cell phones, walkie-talkies, wireless computer networks, Bluetooth enabled devices, garage door openers, two-way radios in aircraft, ships, spacecraft, radar sets and navigational beacons. The term ''transmitter'' is usually limited to equipment that generates radio waves for communication purposes; or radiolocation, such as radar and navigational transmitters. Generators of radio waves for heating or industrial purposes, such as microwave ovens or diathermy equipment, are not usually called transmitters, ev ...
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Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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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 an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, 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 20 ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the k ...
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Miranda V
Miranda may refer to: Law * ''Miranda v. Arizona'', an American legal case * ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoátegui * Fran ...
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Miranda Warning
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as ''Miranda'' rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of ''Miranda''." The language used in a ''Miranda'' warning was derived from the 1966 U.S. Supreme Court case ''Miranda v. Arizona''. The specific language used in the warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any ...
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List Of United States Supreme Court Cases, Volume 377
This is a list of all the United States Supreme Court cases from volume 377 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 377 1964 in United States case law ...
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1964 In United States Case Law
Events January * January 1 – The Federation of Rhodesia and Nyasaland is dissolved. * January 5 - In the first meeting between leaders of the Roman Catholic and Orthodox churches since the fifteenth century, Pope Paul VI and Patriarch Athenagoras I of Constantinople meet in Jerusalem. * January 6 – A British firm, the Leyland Motors, Leyland Motor Corp., announces the sale of 450 buses to the Cuban government, challenging the United States blockade of Cuba. * January 9 – ''Martyrs' Day (Panama), Martyrs' Day'': Armed clashes between United States troops and Panamanian civilians in the Panama Canal Zone precipitate a major international crisis, resulting in the deaths of 21 Panamanians and 4 U.S. soldiers. * January 11 – United States Surgeon General Luther Terry reports that smoking may be hazardous to one's health (the first such statement from the U.S. government). * January 12 ** Zanzibar Revolution: The predominantly Arab government of Zanzibar is overthrown b ...
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Massiah Doctrine Case Law
Massiah is a surname, and may refer to: *Gustave Massiah, or Gus, (born 1941), French economist, urbanist, and political analyst *Louis Massiah, American filmmaker *Steve Massiah (born 1979), Guyana born American cricketer * Winston Massiah, see Massiah v. United States (1964), case in the Supreme Court of the United States *Zeeteah Massiah Zeeteah Silveta Massiah (born December 24, 1956) is a Barbadian-born British singer particularly associated with reggae, jazz and house music. In a wide-ranging career she has recorded and/or toured with artists including Robbie Williams, Tom ..., British singer from Barbados, West Indies * Frederica Massiah-Jackson, Philadelphia Court of Common Pleas judge * Massiah McDonald (born 1990), Montserratian footballer {{surname ...
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