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People V. Newton
''People v. Newton'', 8 Cal. App. 3d 359 (Ct. App. 1970), was a controversial appeal arising from the voluntary manslaughter conviction of Huey P. Newton, the co-founder of the Black Panther Party for Self Defense. The California Court of Appeal reversed Newton's conviction due to prejudicial error stemming from the trial court's failure to instruct the jury as to the possibility of involuntary unconsciousness as a complete defense to the charges. Though Newton's attorney arguably withdrew the defense at trial, the Court nonetheless held that the failure to instruct violated Newton's constitutional right to have the jury determine all material issues based on the evidence. This case stands for the proposition that trial courts have an affirmative duty to instruct juries as to a defense of involuntary unconsciousness where there exists evidence that may support that conclusion. Background of the case In the early morning hours of October 28, 1967, Officer John Frey of the Oak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Court Of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts.California Government Code Sections 69100-69107 The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices. Jurisdiction and responsibility 
The decisions of the Courts of Appeal are binding on the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Huey P
Huey, used as a given name, is a variant of Hughie. It may refer to: People * Huey (rapper) (1987–2020), American rapper * Huey Dunbar, Puerto Rican salsa singer * Huey Johnson (1933–2020), American environmentalist and politician * Huey Lewis, rock musician, of the band Huey Lewis & the News * Huey Long (1893–1935), American politician, governor and U.S. Senator from Louisiana, known as "The Kingfish" * Huey Long (singer) (1904–2009), American musician * Huey P. Newton (1942–1989), co-founder of the Black Panther Party * Huey "Piano" Smith (1934–2023), American R&B pianist * Hugh Morgan of the Fun Lovin' Criminals, known as Huey * Iain Hewitson, New Zealand-born chef, nicknamed "Huey" * Laurence Markham Huey (1892–1963), American zoologist * Michael Huey (other), multiple people * Raymond B. Huey (born 1944), American biologist * Treat Huey, Filipino tennis player Places * Huey, Illinois, a village in the United States * Huey Creek, a glacial melt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black Panther Party For Self Defense
The Black Panther Party (originally the Black Panther Party for Self-Defense) was a Marxism–Leninism, Marxist–Leninist and Black Power movement, black power political organization founded by college students Bobby Seale and Huey P. Newton in October 1966 in Oakland, California. The party was active in the United States between 1966 and 1982, with chapters in many major American cities, including San Francisco, New York City, Chicago, Los Angeles, Seattle, and Philadelphia. They were also active in many prisons and had international chapters in the United Kingdom and Algeria. Upon its inception, the party's core practice was its Open carry in the United States, open carry patrols ("copwatching") designed to challenge the police brutality in the United States, excessive force and misconduct of the Oakland Police Department. From 1969 onward, the party created social programs, including the Free Breakfast for Children Programs, education programs, and community health clinics ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oakland Police Department
The Oakland Police Department (OPD) is a law enforcement agency responsible for policing the city of Oakland, California, United States. As of May 2021, the department employed 709 sworn officers and 371 civilian employees. The department is divided into 5 geographical divisions policing Oakland's 78 square miles and population of 420,000. The OPD receives 550,000 annual calls for service, and responds to over 250,000 law enforcement incidents. History The Oakland Police Department was formed in 1853 by Oakland founder and first mayor Horace W. Carpentier. Oakland had been incorporated as a town by the state legislature in 1852, and with its rapid expansion, Carpentier felt the need to organize a city government with a police force to provide regular law enforcement. Heretofore, vigilante justice had been the norm. On October 15, 1853, the town council appointed John McCann as the first town marshal, assisted by two deputies and operating out of a small waterfront building which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernard L
Bernard ('' Bernhard'') is a French and West Germanic masculine given name. It has West Germanic origin and is also a surname. The name is attested from at least the 9th century. West Germanic ''Bernhard'' is composed from the two elements ''bern'' "bear" and ''hard'' "brave, hardy". Its native Old English cognate was ''Beornheard'', which was replaced or merged with the French form ''Bernard'' that was brought to England after the Norman Conquest. The name ''Bernhard'' was notably popular among Old Frisian speakers. Its wider use was popularized due to Saint Bernhard of Clairvaux (canonized in 1174). In Ireland, the name was an anglicized form of Brian. Geographical distribution Bernard is the second most common surname in France. As of 2014, 42.2% of all known bearers of the surname ''Bernard'' were residents of France (frequency 1:392), 12.5% of the United States (1:7,203), 7.0% of Haiti (1:382), 6.6% of Tanzania (1:1,961), 4.8% of Canada (1:1,896), 3.6% of Nigeria (1:12,221 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voluntary Manslaughter
Voluntary manslaughter is the killing of a human in which the offender acted in the heat of passion, a state that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter. Provocation Provocation consists of the reasons for which one person kills another. "Adequate" or "reasonable" provocation is what makes the difference between voluntary manslaughter and murder. Provocation is said to be adequate if it would cause a reasonable person to lose self-control. State of mind Intent to kill Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.Scott Mire and Cliff Roberson, The Study of Violent Crime: Its Correlates and Concerns (Boca Rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any Californi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voir Dire
(; often ; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: * Prospective jurors are questioned to decide whether they can be fair and impartial. * Witnesses are questioned to decide their competence to testify. * Witnesses are questioned to decide the admissibility of evidence. Etymology From Old French ' "true" (from Latin ' "true," from Proto-Indo-European language">PIE root ''*were-o-'' "true, trustworthy") and from Old French ' "to say" (from Latin ' "speak, tell, say," from PIE root ''*deik-'' "to show," also "pronounce solemnly"). It originally referred to an oath taken by jurors to tell the truth (). It comes from the Anglo-Norman language. Historic use In earlier centuries, a Peremptory challenge, challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of ''voir dire'', meaning to tell ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, modern examples include grand juries in the United States, and to a lesser extent, Liberia. In Japan, there are citizen Prosecutorial Review Committees which review cases that have been dropped by the prosecution, but they are not required for an indictment like in the previous two. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alameda County
Alameda County ( ) is a county located in the U.S. state of California. As of the 2020 census, the population was 1,682,353, making it the 7th-most populous county in the state and 21st most populous nationally. The county seat is Oakland. Alameda County is in the San Francisco Bay Area, occupying much of the East Bay region. The Spanish word ''alameda'' means either "a grove of poplars...or a tree lined street". The name was originally used to describe the Arroyo de la Alameda; the willow and sycamore trees along the banks of the river reminded the early Spanish explorers of a road lined with trees. Although a strict translation to English might be "Poplar Grove Creek", the name of the principal stream that flows through the county is now simply " Alameda Creek". Alameda County is part of the San Francisco–Oakland–Berkeley, CA Metropolitan Statistical Area, and the San Jose–San Francisco–Oakland, CA Combined Statistical Area. History The county was formed on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Petit Jury
In common law, a petit jury (or trial jury; pronounced or , depending on the jurisdiction) hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury. The size of the jury varies; in criminal cases involving serious felonies there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system. In civil cases many trials require fewer than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
