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Arizona V. Fulminante
''Arizona v. Fulminante'', 499 U.S. 279 (1991), was a United States Supreme Court case clarifying the standard of review of a criminal defendant's allegedly coerced confession. The ruling was divided into parts, with various justices voting in different ways on different points of law, but ultimately 1) the defendant's confession was ruled involuntary, 2) the harmless error rule had to be applied, and 3) in this case, use of the confession as evidence was not harmless. Background Factual background In 1982, Jeneane Michelle Hunt, the 11-year-old stepdaughter of Oreste Fulminante, was murdered in Mesa, Arizona.''State v. Fulminante'', 161 Ariz237(1988) Fulminante reported her missing on September 14, and her body was found September 16 with two bullet wounds to the head; the body had decomposed so much that forensic testing couldn't determine whether a sexual assault had happened. Fulminante became a suspect because of inconsistencies in his statements to police, but was not yet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of '' National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habitué
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Custodial Interrogation
{{Unreferenced, date=August 2016 In United States criminal law, a custodial interrogation (or, generally, custodial situation) is a situation in which the suspect's freedom of movement is restrained, even if they are not under arrest. History Per ''Miranda v. Arizona'', 384 U.S. 436, 444 (1966), "custodial interrogation efers toquestioning initiated by law enforcement officers after a person has been taken into custody or ''otherwise deprived of his freedom of action in any significant way''." The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." '' Thompson v. Keohane'', 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's subjective mindset, age, or previous personal experience with law enforcement. ''Yarborough v. Alvarado ''Yarborough v. Alvarado'', 541 U.S. 65 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gideon V
Gideon (; ) also named Jerubbaal and Jerubbesheth, was a military leader, biblical judges, judge and prophet whose calling and victory over the Midianites are recounted in of the Book of Judges in the Hebrew Bible. Gideon was the son of Joash the Abiezrite, Joash, from the Abiezrite clan in the tribe of Manasseh and lived in Ophrah, Ephra (Ophrah). As a leader of the Israelites, he won a decisive victory over a Midianite army despite a vast numerical disadvantage, leading a troop of 300 "valiant" men. Archaeologists in southern Israel have found a 3,100-year-old fragment of a jug with five letters written in ink that appear to represent the name Jerubbaal, or Yeruba'al. Names The nineteenth-century Strong's Concordance derives the name "Jerubbaal" from "Baal will contend", in accordance with the folk etymology, given in . According to biblical scholar Lester L. Grabbe, Lester Grabbe (2007), "[Judges] 6.32 gives a nonsensical etymology of his name; it means something like 'Let ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Totality Of The Circumstances
In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules. Under the totality of the circumstances test, courts focus "on all the circumstances of a particular case, rather than any one factor"., Totality of circumstances test (Accessed March 2, 2016). In the United States, totality tests are used as a method of analysis in several different areas of the law. For example, in United States criminal law, a determination about reasonable suspicion or probable cause is based on a consideration of the totality of the circumstances. Description Cathy E. Moore described the totality of the circumstances test as a "balancing approach" rather than a strict application of "analytical and evidentiary rules", and Michael Coenen wrote that a totality of the circumstances test is the "antithesis" of an "inflexible checklist". Likewise, Kit Kinports has described the totality of the circums ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Souter
David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts courts. Souter grew up in Massachusetts and New Hampshire and attended Harvard College, Magdalen College, Oxford, and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor (1966–1968) in the New Hampshire Attorney General's office (1968–1976), as the attorney general of New Hampshire (1976–1978), as an associate justice of the Superior Court of New Hampshire (1978–1983), as an associate justice of the New Hampshire Supreme Court (1983–1990), and briefly as a judge of the United States Court of Appeals for the First Circuit (1990). Souter was nominated to the Suprem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sandra Day O'Connor
Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and the first confirmed to the court. Nominated by President Ronald Reagan, she was considered the swing vote for the Rehnquist Court and the first five months of the Roberts Court. Prior to O'Connor's tenure on the Court, she was a judge and an elected official in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the Senate. On July 1, 2005, she announced her intention to retire effective upon the confirmation of a successor. Samuel Alito was nominated to take her seat in October 2005 and joined the Court on January 31, 2006. O'Connor most frequently sided with the Court's conservative bloc but dem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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