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Kansas V. Marsh
''Kansas v. Marsh'', 548 U.S. 163 (2006), is a United States Supreme Court case in which the Court held that a Kansas death penalty statute was consistent with the United States Constitution. The statute in question provided for a death sentence when the aggravating factors and mitigating factors were of equal weight. Background Michael Lee Marsh II was convicted of murder. The Kansas capital punishment statute allowed for the imposition of the death penalty if the mitigating and aggravating factors were of equal weight, so Marsh was sentenced to death. After Marsh's sentencing, the Kansas Supreme Court in ''State v Kleypas,'' declared the law unconstitutional under the Eighth Amendment and overturned it. Ruling that "fundamental fairness requires that a 'tie goes to the defendant' when life or death is at issue". Judgement By a 5–4 vote, the United States Supreme Court reversed the Kansas Supreme Court's decision and upheld the Kansas death penalty statute. Justice Soute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mitigating Factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor. Examples The Sentencing Council of England and Wales lists the following as possible mitigating factors: *Admitting the offense, such as through a guilty plea *Mental illness * Provocation *Young age *Showing remorse Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense. By legal system England and Wales Accordi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the U.S. state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as the state court of last resort in the appeals process. Functions Judicial The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court. Administration The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still perm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kansas
Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named after the Kansas River, in turn named after the Kaw people, Kansa people. Its List of capitals in the United States, capital is Topeka, Kansas, Topeka, and its List of cities in Kansas, most populous city is Wichita, Kansas, Wichita; however, the largest urban area is the bi-state Kansas City metropolitan area split between Kansas and Missouri. For thousands of years, what is now Kansas was home to numerous and diverse Plains Indians, Indigenous tribes. The first settlement of non-indigenous people in Kansas occurred in 1827 at Fort Leavenworth. The pace of settlement accelerated in the 1850s, in the midst of political wars over the Slavery in the United States, slavery debate. When it was officially opened to settlement by the U.S. governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital Punishment
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Etymologically, the term ''capital'' (, derived via the Latin ' from ', "head") refers to execution by Decapitation, beheading, but executions are carried out by List of methods of capital punishment, many methods, including hanging, Execution by shooting, shooting, lethal injection, stoning, Electric chair, electrocution, and Gas chamber, gassing. Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Decisions On Capital Punishment
The U.S. Supreme Court has issued numerous rulings on the use of capital punishment (the death penalty). While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas of procedure, eligible crimes, acceptable evidence and method of execution. Eighth Amendment Method of execution * '' Wilkerson v. Utah'', – Firing squad is constitutional. * ''In re Kemmler'', – Electrocution is constitutional. * '' Stewart v. LaGrand'', * '' Nelson v. Campbell'', * '' Hill v. McDonough'', – Challenging constitutionality of the execution method is a §1983 lawsuit, not a habeas corpus petition, and thus not subject to the procedural bar on successive petitions. * '' Baze v. Rees'', – Kentucky's lethal injection method using sodium thiopental is constitutional. * '' Glossip v. Gross'', – To be unconstitutional, a method of execution must involve any risk of harm which is substantial when compared to a ''known and ... [...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] |
United States Supreme Court Cases Of The Roberts 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 ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment Clause And Death Penalty Case Law
Cruelty is the intentional infliction of suffering or the inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve violence, but affirmative violence is not necessary for an act to be cruel. Etymology The term comes from Middle English, via the Old French term "crualte", which is based on Latin "crudelitas", from "crudelis". The word has metaphorical uses, for example, " The cliffs remained cruel." (i.e., unclimbable when they desperately needed to be climbed) in ''The Lord of the Rings''. Usage in law The term ''cruelty'' is often used in law and criminology with regard to the treatment of animals, children, spouses, and prisoners. When cruelty to animals is discussed, it often refers to ''unnecessary suffering.'' In criminal law, it refers to punishment, torture, victimization, draconian measures, and cruel and unusual punishment. In divorce ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital Punishment In Kansas
Capital punishment is currently a legal penalty in the U.S. state of Kansas, although it has not been used since 1965. History From 1853 to 1965, 76 executions were carried out under Kansas' jurisdiction. All but one, the first, were by hanging. These do not include executions that took place at the United States Penitentiary, Leavenworth and United States Disciplinary Barracks; while located within Kansas borders, these hangings were performed under federal government and U.S. military jurisdiction respectively. Kansas first abolished capital punishment on January 30, 1907. The state restored it in 1935, albeit no executions took place until 1944. From 1954 to 1960, there were no hangings in Kansas, as Governor George Docking refused to let any execution proceed due to his opposition to capital punishment. The last execution in Kansas took place on June 22, 1965 (double hanging of George York and James Latham). Perhaps the most infamous Kansas death penalty case was tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
