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Perjury
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subornation Of Perjury
In United States law, American law, Scots law, and under the laws of some English-speaking Commonwealth of Nations, Commonwealth nations, subornation of perjury is the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written. U.S. Law In American federal law, Title provides: The term ''subornation of perjury'' further describes the circumstance wherein an lawyer, attorney at law causes a client to lie under oath or, allows another party to lie under oath. In California law, per the state bar code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus, is cause for their disbarment, or for the suspension of their license to practice law. In legal practice As a crime, it has been defined as "persuading another to commit perjury." But "suborn" is more broadly defined. Amongst three definitions: to induce a person to c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miscarriages Of Justice
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.Compensating The Wrongly Convicted , Innocence Project Academic studies have found that the main factors contributing to miscarriages of justice are: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrongful Execution
Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Opponents of capital punishment often cite cases of wrongful execution as arguments, while proponents argue that innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty. A variety of individuals are claimed to have been innocent victims of the death penalty. Newly available DNA evidence has allowed the exoneration and release of more than 20 death-row inmates since 1992 in the United States, but DNA evidence is available in only a fraction of capital cases. At least 190 people who were sentenced to death in the United States have been exonerated and released since 1973, with official misconduct and perjury/false accusation the leading causes of their wrongful convictions. The Death Penalty Information Center (U.S.) has published a partial listing of wrongful executions that, as of the end ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths is to give an Affirmation (law), affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To :wikt:swear, swear" is a verb used to describe the taking of an oath; to make a solemn vow. Etymology The word comes from Old English, Anglo-Saxon ': "judicial swearing, solemn appeal to deity in witness of truth or a promise"; from Proto-Germanic language, Proto-Germanic '':wikt:Reconstruction:Proto-Germanic/aiþaz, *aiþaz''; from Proto-Indo-European ''*oi-to-'': "an oath". Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may be non-Indo-European, in reference to careles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the United States, American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then. History The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the Government of New York (state), New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). The actual drafter of the New York penal code was commissioner William Curtis Noyes, a former prosecutor. New York belatedly enacted the Field Penal Code in 1881. Prior to the promulgation of the Model Penal Code in 1962, the Field Penal Code was b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Income Tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Taxation rates may vary by type or characteristics of the taxpayer and the type of income. The tax rate may increase as taxable income increases (referred to as graduated or progressive tax rates). The tax imposed on companies is usually known as corporate tax and is commonly levied at a flat rate. Individual income is often taxed at progressive rates where the tax rate applied to each additional unit of income increases (e.g., the first $10,000 of income taxed at 0%, the next $10,000 taxed at 1%, etc.). Most jurisdictions exempt local charitable organizations from tax. Income from investments may be taxed at different (generally lower) rates than other types of income. Credits of various sorts may be allowed that reduce tax. Some jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016, it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mutual Legal Assistance In Criminal Matters Act
A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country. Synopsis Modern states have developed mechanisms for requesting and obtaining evidence for criminal investigations and prosecutions. When evidence or other forms of legal assistance, such as witness statements or the service of documents, are needed from a foreign sovereign, states may attempt to cooperate informally through their respective police agencies or, alternatively, resort to what is typically referred to as requests for “mutual legal assistance." The practice of mutual legal assistance developed from the comity-based system of letters rogatory, though it is now far more common for states to make mutual legal assistance requests dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada Evidence Act
The ''Canada Evidence Act'' () is an act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the act is not comprehensive. The act applies to court proceedings conducted under federal law. The act thus applies in courts and administrative agencies created by the federal Parliament, such as the Federal Court of Canada and the Tax Court of Canada, as well as appeals from those courts to the Federal Court of Appeal and the Supreme Court of Canada. The act also applies in the provincial courts when they hear and determine matters under federal laws, notably under the Criminal Code, a federal statute. The act does not apply to matters under provincial law. Each province has its own ''Evidence Act'' for matters under provincial law. When a matter under provincial law is appealed to the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
