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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
In the legal system of the United States, a Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.
In U.S. law, a motion in limine is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.
The Superior Court of California, County of Sacramento, alternatively called the Sacramento County Superior Court, is the California Superior Court located in Sacramento with jurisdiction over Sacramento County.
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information provided will include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court.
Stogner v. California, 539 U.S. 607 (2003), is a decision by the Supreme Court of the United States, which held that California's retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law.
McKaskle v. Wiggins, 465 U.S. 168 (1984), is a United States Supreme Court case in which the court considered the role of standby counsel in a criminal trial where the defendant conducted his own defense. In this case the defendant claimed his Sixth Amendment right to present his own case in a criminal trial was violated by the presence of a court-appointed standby counsel.
United States v. Drew, 259 F.R.D. 449, was an American federal criminal case in which the U.S. government charged Lori Drew with violations of the Computer Fraud and Abuse Act (CFAA) over her alleged cyberbullying of her 13-year-old neighbor, Megan Meier, who had committed suicide. The jury deadlocked on a felony conspiracy count and acquitted Drew of three felony CFAA violations, but found her guilty of lesser included misdemeanor violations; the judge overturned these convictions in response to a subsequent motion for acquittal by Drew.
An obscenity is any utterance or act that strongly offends the prevalent morality and social politics of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, vile, vigilance in conservation, or revenge. In expressions such as "obscene profits" and "the obscenity of war," ; misdirection. As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity, or the exploited child, human being or situation on display. It may also relate to a fear quotient in the public area affecting trend.
Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals. This case is in contrast to Faretta v. California, 422 U.S. 806 (1975), which grants criminal defendants the right to refuse counsel for trial purposes.
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Paul Jeffrey Watford is an American lawyer who served as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit from 2012 to 2023. In February 2016, The New York Times identified Watford as a potential Supreme Court nominee to replace Justice Antonin Scalia.
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden. A defendant is required to know to make a challenge of ineffective assistance of counsel, and make one, or the claim of ineffective assistance of counsel or the issue cannot be raised on appeal. There is no requirement to notify a defendant of such a requirement.
Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 (1976), was a United States Supreme Court case in which the Court held a Massachusetts law setting a mandatory retirement age of 50 for police officers was Constitutionally permissible.
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628, was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
References
- ↑ Elinson, Elaine (2008-08-21). "How UFW Picket Captain Lupe Murguia Changed California Law" (PDF). UCSD Libraries. Retrieved 2023-03-10.
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