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A retaliatory arrest or retaliatory prosecution occurs when law enforcement or prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected ...
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord.If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions.
In certain circumstances, vindictiveness may be presumed without a showing of malicious or retaliatory intent on the part of the prosecutor. [9] Instead, the defendant may show that the circumstances of the prosecutor's charging decision posed a realistic likelihood of vindictiveness. [1] [10] Courts have justified this presumption for two reasons.
Pages in category "Retaliatory arrest and prosecution" The following 6 pages are in this category, out of 6 total. ... Code of Conduct; Developers; Statistics;
The Talmud [17] interprets the verses referring to "an eye for an eye" and similar expressions as mandating monetary compensation in tort cases and argues against the interpretations by Sadducees that the Bible verses refer to physical retaliation in kind, using the argument that such an interpretation would be inapplicable to blind or eyeless ...
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Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.