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Lockyer V. Andrade
''Lockyer v. Andrade'', 538 U.S. 63 (2003), decided the same day as ''Ewing v. California'' (a case with a similar subject matter),. held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments. Relying on the reasoning of ''Ewing'' and '' Harmelin v. Michigan'',. the Court ruled that because no "clearly established" law held that a three-strikes sentence was cruel and unusual punishment, the 50-years-to-life sentence imposed in this case was not cruel and unusual punishment. Facts On November 4, 1995, Leandro Andrade, a nine-year Army veteran and father of three, stole five children's videotapes from a K-Mart store in Ontario, California. Two weeks later, he stole four children's videotapes from a different K-Mart store in Montclair, California. Andrade had been in and out of the state and federal prison ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a United States district court, federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Along with the U.S. District Court for the Central District of Illinois, Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle". History California was admitted to the union on Septembe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases Of The Rehnquist 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] |
2003 In United States Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious and cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment Clause Case Law
Cruelty is the intentional infliction of suffering or the inaction towards another's suffering when a clear remedy is readily available. Everyday sadism, 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, "Emyn Muil, 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, victimology, victimization, wikt:draconian, draconian meas ... [...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
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) * Stone ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 538
This is a list of all United States Supreme Court cases from volume 538 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, 538 2003 in United States case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incapacitation (penology)
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending. Purpose Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be removed from society for a period of time, which is achieved usually by sending the offender to prison (incarceration). In most countries, prison sentences are applied for a range of different crimes but are almost certain to be applied to those who commit serious assaults, murder or sex crimes. However, the risk that offenders pose to society is largely a matter of perception. As a result, how the justice system in one country treats a part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Souter
David Hackett Souter ( ; September 17, 1939 – May 8, 2025) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States 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 was a member of both the Rehnquist and Roberts courts. Raised in New England, Souter 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 in the office of the Attorney General of New Hampshire (1968–1976); as attorney general of New Hampshire (1976–1978); as an associate justice of the New Hampshire Superior Court (1978–1983); as an associate justice of the New Hampshire Supreme Court (1983–1990); and as a judge of the United States Court of Appeals for the First Circuit (1990). In mid-2009, after Barack Obama took office as U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solem V
Solem may refer to: Places * Solem Ridge, in Palmer Land, Antarctica * Solem Township, Douglas County, Minnesota People * Solem (surname) Court cases * '' Solem v. Bartlett'' * '' Solem v. Helm'' {{disambig, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rummel V
People Rummel is the surname In many societies, a surname, family name, or last name is the mostly hereditary portion of one's personal name that indicates one's family. It is typically combined with a given name to form the full name of a person, although several give ... of: * Elizabeth Rummel (1897-1980), German-Canadian mountaineer and environmentalist * Franz Rummel (1853–1901), German pianist * Henrik Rummel (born 1987), American rower * Joseph Rummel (1876–1964), American Archbishop * Louise Rummel, New Zealand nurse educator * Martin Rummel (born 1974), Austrian cellist * R. J. Rummel (1932–2014), American historian and political scientist * Sam Rummel (1906–1950), American attorney and murder victim * Walter Morse Rummel (1887–1953), German-born French pianist Other * Archbishop Rummel High School, Metairie, Louisiana * Bavarian Rummel, the 1703 Bavarian campaign in Tyrol See also * Rummel T {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
