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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by ...
During various periods from the 1600s onward, New York law prescribed the death penalty for crimes such as sodomy, adultery, counterfeiting, perjury, and attempted rape or murder by slaves. [8] In 1796, New York abolished the death penalty for crimes other than murder and treason, but arson was made a capital crime in 1808. [8]
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [14] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [15]
Common law took a narrow view of the concept of duress in that it was concerned with actual or threatened violence to the person or unlawful imprisonment. Equity, however, adopted a broader "fusion" view of what sort of pressure could constitute coercion for purposes of relief and has since prevailed. [10]
In 1950, New York enacted a new statute that divided the crime of sodomy into 3 degrees. First degree sodomy, with a maximum penalty of 20 years imprisonment, is defined as being done by force as in rape, or an act with an animal or a dead body.