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Smith, 430 U.S. 817 (1977), was a United States Supreme Court case in which the Court tested the basic constitutional right of prison inmates’ access to legal documents prior to court. Prison authorities would consequently be required to provide legal assistance or counsel to inmates, whether it be through a trained legal professional or ...
Several arguments against outlawing insider trading have been identified: for example, although insider trading is illegal, most insider trading is never detected by law enforcement, and thus the illegality of insider trading might give the public the potentially misleading impression that "stock market trading is an unrigged game that anyone ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
Maryland, [1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady , the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the ...
A theoretical form of prison surveillance is called the Panopticon. The Panopticon is a building composed of a middle tower for the surveillance of the surrounding cells. . Jeremy Bentham's Panopticon makes it possible that “each individual in his place is securely confined to a cell from which he is seen from the front by the supervisor; but the side walls prevent him from coming into ...
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...