Killing Of Seth Smith
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Killing Of Seth Smith
Seth Robert Smith (2001–2020) was a 19-year-old University of California, Berkeley student who was fatally shot in the back of the head at point-blank range near his off-campus apartment in Berkeley, California, on June 15, 2020. Berkeley police arrested local resident Tony Lorenzo Walker, then 60, on August 20, 2020, and the Alameda County district attorney first charged him with murder. Walker later pleaded no contest to voluntary manslaughter and, on May 23, 2022, received a 25-year state-prison sentence. Background Smith grew up in Elk Grove, California, and graduated from Cosumnes Oaks High School. He acted in Cosumnes Oaks High productions and his theatre teacher recalled him fondly as a skilled performer, intelligent and compassionate. The drama department held a candle-light vigil for him on July 3, 2020, the eve of what would have been his 20th birthday. At UC Berkeley, he double-majored in economics and history, and planned to pursue graduate study at the London Sc ...
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Berkeley, California
Berkeley ( ) is a city on the eastern shore of San Francisco Bay in northern Alameda County, California, United States. It is named after the 18th-century Anglo-Irish bishop and philosopher George Berkeley. It borders the cities of Oakland, California, Oakland and Emeryville, California, Emeryville to the south and the city of Albany, California, Albany and the Unincorporated area, unincorporated community of Kensington, California, Kensington to the north. Its eastern border with Contra Costa County, California, Contra Costa County generally follows the ridge of the Berkeley Hills. The 2020 United States census, 2020 census recorded a population of 124,321. Berkeley is home to the oldest campus in the University of California, the University of California, Berkeley, and the Lawrence Berkeley National Laboratory, which is managed and operated by the university. It also has the Graduate Theological Union, one of the largest religious studies institutions in the world. Berkeley is ...
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Preliminary Hearing
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence where the accused in liable to a period of imprisonment greater than 14 years. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, ...
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Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ('speech, spoken words' but also 'promise'), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ...
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Truth-in-sentencing
Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts, it refers to policies and legislation that aim to abolish or curb parole so that convicts serve the period to which they have been sentenced. Truth in sentencing advocates relate such policies in terms of the public's right to know. They argue, for example, that it is deceptive to sentence an individual to "seven to nine years" and then release them after they have served only six years. In some cases, truth in sentencing is linked to other movements, such as mandatory sentencing (in which particular crimes yield automatic sentences regardless of the extenuating circumstances) and habitual-offender or " three-strikes" laws, in which state law requires the state courts to hand down mandatory and extended periods of incarceration to persons who have been convicted of a criminal offense on multiple occasions. Can ...
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Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ...
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