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In Re Winship
''In re Winship'', 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ... protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged."''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It established this burden in all cases in all states ( constitutional case). In an opinion authored by Justice Brennan, the Court held that when a juvenile is charged with an act that would be a crime if committed by an adult, every element of the offense must be proved beyond reasonable doubt, not preponderance of the evidence. The ... [...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. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beyond Reasonable Doubt
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases, reflecting the principle that in criminal cases the stakes are significantly higher: a person found guilty can be deprived of liberty or, in extreme cases, life itself, in addition to the collateral consequences and social stigma attached to conviction. The prosecution bears the burden of presenting compelling evidence that establishes guilt beyond a reasonable doubt; if the trier of fact is not convinced to that standard, the accused is entitled to an acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Children's Rights Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television serie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Burger Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By chief justice Court historians and other legal scholars consider each chief justice who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by chief justice and include most major cases decided by the court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30, 1941) * St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 397
This is a list of all the United States Supreme Court cases from volume 397 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, 397 1970 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sullivan V
Sullivan may refer to: People Characters * Chloe Sullivan, from the television series ''Smallville'' * Colin Sullivan, a character in the film ''The Departed'', played by Matt Damon * Harry Sullivan (''Doctor Who''), from the British science fiction television series ''Doctor Who'' * James P. "Sulley" Sullivan, a character in the ''Monsters, Inc.'' franchise * John 'Sully' Sullivan, from the television series ''Third Watch'' * John L. Sullivan, protagonist in the film '' Sullivan's Travels'' * Jordan Sullivan, from the television series ''Scrubs'' * Kathy Beale, a fictional character in the British soap opera ''EastEnders'' * Michael Sullivan, a character in the 1996 American legal crime drama movie '' Sleepers'' * Morgan Sullivan, an alias of the fictional protagonist of the film ''Cypher'' * Sam Sullivan, from the television series '' The Loop'' * Sieglinde Sullivan, a character from the manga and anime ''Black Butler'' * Sullivan, a character from the manga and anime ''W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apprendi V
''Apprendi v. New Jersey'', 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. The decision has been a cornerstone in the modern resurgence in jury trial rights. As Justice Scalia noted in his concurring opinion, the jury-trial right "has never been efficient; but it has always been free." The ''Apprendi'' decision was subsequently cited as precedent by the court in its consideration of '' Ring v. Arizona'' (2002), which struck down Arizona's judge-only method of imposing the death penalty, and also in '' Blakely v. Washington'' (2004), which ruled that mandatory state sentencing guidelines are the statutory maximum for purposes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Case
A constitutional ruling is a legal case in the United States in which the United States Supreme Court interprets the Constitution of the United States and makes a ruling that binds all states.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> It is contrasted with a common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ... case which sets precedent in federal cases, but is not binding in state cases. References {{reflist United States constitutional law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guyora Binder
Guyora Binder (born 7 November 1956) is a legal scholar and writer. Binder has been faculty at University at Buffalo Law School and Boston University School of Law, and has been published in the Boston University Law Review. In 2012, he wrote ''Felony Murder'', an examination of the felony murder crime in the US. Publications * * * References External links Guyora Binder profileat Boston University School of Law The Boston University School of Law (BU Law) is the law school of Boston University, a private research university in Boston. Established in 1872, it is the third-oldest law school in New England, after Harvard Law School and Yale Law School. Ap ... website {{DEFAULTSORT:Binder, Guyora Boston University School of Law faculty Living people 1956 births Date of birth missing (living people) University at Buffalo Law School alumni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
