In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, even if the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions of criminal punishment for consensual, adult non-procreative sexual activity are unconstitutional. The Court reaffirmed the concept of a "right to privacy" that earlier cases had found the U.S. Constitution provides, even though it is not explicitly enumerated. It based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
Stanley v. Georgia, 394 U.S. 557 (1969), was a U.S. Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.
Olmstead v. United States, 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, on the matter of whether wiretapping of private telephone conversations, conducted by federal agents without a search warrant with recordings subsequently used as evidence, constituted a violation of the target’s rights under the Fourth and Fifth Amendments. In a 5–4 decision, the Court held that the Constitutional rights of a wiretapping target have not been violated. This decision was overturned by Katz v. United States in 1967.
A rape shield law is a law that limits the ability to introduce evidence about the past sexual activity of a complaint in a sexual assault trial, or that limits cross-examination of complainants about their past sexual behaviour in sexual assault cases. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.
Holmes v. South Carolina, 547 U.S. 319 (2006), was a decision by the United States Supreme Court involving the right of a criminal defendant to present evidence that a third party instead committed the crime. The Court vacated the rape and murder conviction in South Carolina of a man who had been denied the opportunity to present evidence of a third party's guilt, because the trial court believed the prosecutor's forensic evidence was too strong for the defendant's evidence to raise an inference of innocence. The Court ruled unanimously that this exclusion violated the right of a defendant to have a meaningful opportunity to present a complete defense, because the strength of a prosecutor's case had no logical relationship to whether a defendant's evidence was too weak to be admissible.
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975), was a United States Supreme Court case involving freedom of the press publishing public information. The Court held that both a Georgia statute prohibiting the release of a rape victim's name and its common-law privacy action counterpart were unconstitutional. The case was argued on November 11, 1974, and decided on March 3, 1975.
The Driver's Privacy Protection Act of 1994, Title XXX of the Violent Crime Control and Law Enforcement Act, is a United States federal statute governing the privacy and disclosure of personal information gathered by state Departments of Motor Vehicles.
Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.
Reno v. Condon, 528 U.S. 141 (2000), was a case in which the Supreme Court of the United States upheld the Driver's Privacy Protection Act of 1994 (DPPA) against a Tenth Amendment challenge.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews. Passage of this law in California led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, South Dakota, and Pennsylvania. In November 2017, Marsy's Law was found to be unconstitutional and void in its entirety by the Supreme Court of Montana for violating that state's procedure for amending the Montana Constitution. The Pennsylvania Supreme Court reached the same conclusion as Montana under its own state constitution in 2021.
United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant.
In the United States, civil forfeiture is a process in which law enforcement officers take assets from people who are suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity. Sometimes it can mean a threat to seize property as well as the act of seizure itself. Civil forfeiture is not considered to be an example of a criminal justice financial obligation.
Marsy's Law for Illinois, formally called the Illinois Crime Victims' Bill of Rights, amended the 1993 Rights of Crime Victims and Witnesses Act by establishing additional protections for crime victims and their families. Voters approved the measure as a constitutional amendment on November 4, 2014. It became law in 2015.
Docusearch is an American private investigations company headquartered in Boise, Idaho. Docusearch, founded by Dan Cohn, was started in 1996. It is a subsidiary of Arcanum Investigations Inc. The company operates in all states of the US.
Kimmelman v. Morrison, 477 U.S. 365 (1986), was a decision of the U.S. Supreme Court that clarified the relationship of the right to effective assistance of counsel under the Sixth Amendment to other constitutional rights in criminal procedure. In this case, evidence against the defendant was probably seized illegally, violating the Fourth Amendment, but he lost the chance to argue that point due to his lawyer's ineffectiveness. The prosecution argued that the defendant's attempt to make a Sixth Amendment argument via a habeas corpus petition was really a way to sneak his Fourth Amendment argument in through the back door. The Court unanimously disagreed, and held that the Fourth Amendment issue and the Sixth Amendment issue represented different constitutional values, and had different requirements for prevailing in court, and therefore were to be treated separately by rules of procedure. Therefore, the habeas corpus petition could go forward. In its opinion, the Court also gave guidance on how to apply its decisions in Stone v. Powell and Strickland v. Washington.
Minnesota v. Olson, 495 U.S. 91 (1990), is a landmark search and seizure case decided by the Supreme Court of the United States. In a 7-2 decision, the court held that a person staying as a guest in the house of another had a legal expectation of privacy, and that a warrantless entry into that house to arrest the person tainted the arrest and the individual's subsequent statements.
