Retaliatory Arrest And Prosecution
A retaliatory arrest or retaliatory prosecution occurs when law enforcement or Prosecutor, prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or Freedom of assembly, assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected activities. Canada The Canadian Charter of Rights and Freedoms guarantees fundamental freedoms, including freedom of expression, peaceful assembly, and association. Arrests or prosecutions that retaliate against individuals for exercising these rights contravene the Charter. Victims can seek remedies through the courts, which may include stays of proceedings or damages. Fleming v. Ontario In ''Fleming v Ontario, Fleming v. Ontario'' (2019), the Supreme Court of Canada addressed the issue of preventive arrests in the context of lawful conduct. Randy Fleming was arrested while peacefully walking to a cou ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Law Enforcement
Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term encompasses police, courts and corrections. These three components of the criminal justice system may operate independently of each other or collectively through the use of record sharing and cooperation. Throughout the world, law enforcement are also associated with protecting the public, life, property, and keeping the peace in society. The concept of law enforcement dates back to ancient times, and forms of law enforcement and police have existed in various forms across many human societies. Modern state legal codes use the term law enforcement officer or peace officer to include every person vested by the legislating state with police power or authority; traditionally, anyone sworn or badged who can arrest ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Lozman V
Fane Lozman and the city of Riviera Beach, Florida, have been parties to a number of lawsuits, two of which have been heard by the United States Supreme Court. * In ''Lozman v. City of Riviera Beach'', 568 U.S. 115 (2013), the Supreme Court ruled that a " vessel" is something that a reasonable observer would consider designed for transportation on water, and that Lozman's floating home was thus not a vessel. * In ''Lozman v. City of Riviera Beach'', 585 U.S. ___ (2018), the Supreme Court ruled that the existence of probable cause In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standar ... for a city police officer's arrest of Lozman did not bar him from bringing a retaliation claim under 42 U.S.C. § 1983. {{sia, case law ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Law Enforcement Terminology
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges m ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Prosecutorial Misconduct
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a set of rules which outline fair and dispassionate conduct. Types of misconduct * Failure to disclose exculpatory evidence * False confession * Falsified evidence * Malicious prosecution * Prosecutorial corruption * Retaliatory prosecution * Selective prosecution * Subornation of perjury Examples and remedies In late 1993, the 6th US Circuit Court of Appeals ruled that John Demjanjuk had been a victim of prosecutorial misconduct during a 1986 trial in which federal prosecutors withheld evidence. Demjanjuk's sentence was overturned, but he lost when his case was retried. See '' Brady v Maryland''. In the 1995 murder trial of O. J. Simpson, th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Political Repression
Political repression is the act of a state entity controlling a citizenry by force for political reasons, particularly for the purpose of restricting or preventing the citizenry's ability to take part in the political life of a society, thereby reducing their standing among their fellow citizens. Repression tactics target the citizenry who are most likely to challenge the political ideology of the state in order for the government to remain in control. In autocracies, the use of political repression is to prevent anti-regime support and mobilization. It is often manifested through policies such as human rights violations, surveillance abuse, police brutality, kangaroo courts, imprisonment, involuntary settlement, stripping of citizen's rights, lustration, and violent action or terror such as murder, summary executions, torture, forced disappearance, and other extrajudicial punishment of political activists, dissidents, or the general population. Direct repression tact ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Retaliatory Arrest And Prosecution
A retaliatory arrest or retaliatory prosecution occurs when law enforcement or Prosecutor, prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or Freedom of assembly, assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected activities. Canada The Canadian Charter of Rights and Freedoms guarantees fundamental freedoms, including freedom of expression, peaceful assembly, and association. Arrests or prosecutions that retaliate against individuals for exercising these rights contravene the Charter. Victims can seek remedies through the courts, which may include stays of proceedings or damages. Fleming v. Ontario In ''Fleming v Ontario, Fleming v. Ontario'' (2019), the Supreme Court of Canada addressed the issue of preventive arrests in the context of lawful conduct. Randy Fleming was arrested while peacefully walking to a cou ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Bivens V
Bivens is a surname. Notable people with the surname include: * Beverly Bivens (born 1946), American singer * Carolyn Bivens (born 1952), American golf commissioner * Don Bivens (born 1952), American attorney * Kylie Bivens (born 1978), American soccer player * Malcolm Bivens (born 1990), American wrestler and wrestling manager * Richard Bivens (born 1979), American musician * Spencer Bivens (born 1994), American baseball player See also *'' Bivens v. Six Unknown Named Agents'' {{surname ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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42 U
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is a square number, the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. Evolution of the Hindu-Arabic digit Brahmic numerals represented 1, 2, and 3 with as many lines. 4 was simplified by joining its four lines into a cross that looks like the modern plus sign. The Shunga would add a horizontal line on top of the digit, and the Kshatrapa and Pallava evolved the digit to a point where the speed of writing was a secondary concern. The Arabs' 4 still had the early concept of the cross, but for the sake of efficiency, was made in one stroke by connecting the "western" end to the "northern" end; the "eastern" end was finished off with a curve. The Europeans dropped the finishing curve and gradually made the digit less cursive, ending up with a digit very close to the original Brahmin cross. While the shape of the character ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Arbitrary Arrest And Detention
Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Arbitrary arrest and detention is similar to but legally distinct from wrongful detention, which is broader in scope and does not involve arrest. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Contempt Of Cop
"Contempt of cop" is law enforcement agency, law enforcement jargon in the United States for behavior toward law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. It is a play on the phrase ''contempt of court'', and is not an actual offense. The phrase is associated with unlawful arbitrary arrest and detention of individuals, often for expressing or exercising rights guaranteed to them by the Constitution of the United States, United States Constitution. Contempt of cop is often discussed in connection with police misconduct such as use of excessive force or even police brutalityLawrence48 as a reaction to perceived disrespectful behavior rather than for any legitimate law enforcement purpose.Collins51/ref> Arrests for contempt of cop may stem from a type of "occupational arrogance" when a police officer thinks his or her authority cannot or should not be challenged or questioned. From such officers' perspective, cont ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Gonzalez V
Gonzalez or González may refer to: People * González (surname) Places * González, Cesar, Colombia * González Municipality, Tamaulipas, Mexico * Gonzalez, Florida, United States * González Island, Antarctica * González Anchorage, Antarctica * Juan González, Adjuntas, Puerto Rico * Pedro González, Panama Other * Ernesto Gonzalez, cartoon character in ''Bordertown'' (American TV series) * Gonzalez (band), a British band, and their 1974 album * Gonzalez (organ builders), French firm of organ builders * González Byass, a Spanish winery * USS ''Gonzalez'', a U.S. Navy destroyer See also * * * * * Gonçalves, Portuguese equivalent of Gonzalez * Gonsales, Portuguese variation of Gonzalez * Gonsalves, English language variation of Gonçalves * Gonzales (other) Gonzales may refer to: Places * Gonzales, California, U.S. * Gonzales, Louisiana, U.S. * Gonzales, Texas, U.S. * Gonzales County, Texas Other uses * Battle of Gonzales, 1835 * Gonzales (hors ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Ku Klux Klan Act
The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress that was intended to combat the paramilitary vigilantism of the Ku Klux Klan. The act made certain acts committed by private persons federal offenses including conspiring to deprive citizens of their rights to hold office, serve on juries, or enjoy the equal protection of law. The Act authorized the President to deploy federal troops to counter the Klan and to suspend the writ of ''habeas corpus'' to make arrests without charge. The act was passed by the 42nd United States Congress and signed into law by President Ulysses S. Grant on April 20, 1871. The act was the last of three Enforcement Acts passed by Congress from 1870 to 1871 during the Reconstruction era to combat attacks upon the suffrage rights of African Americans. The statute has been subject to only minor changes ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |