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United States v. Batchelder, 442 U.S. 114 (1979), was a United States Supreme Court case in which the Court held that, where two statutes criminalize the same act and those statutes have different maximum penalties, the maximum penalty of the statute the prosecutor chose to charge under applies.
One increasingly discussed cause of protracted social conflict is historical trauma, which is the collection of adverse responses and experiences groups have after being subjected to violence such as colonization, ethnocide, and structural inequalities. In this view, historical trauma is a very common underlying causes of protracted social ...
See, e.g., 2 Paul H. Robinson,[Criminal Law Defenses § 148(a), at 208 (1984) (conduct that would violate a criminal statute is justified and thus not unlawful "[where the exercise of military authority relies upon the law governing the armed forces or upon the conduct of war"); 2 LaFave, Substantive Criminal Law § 10.2(c) at 136 ("another ...
The philosophical basis of the constitutional right to resist differs; in some cases based on natural law; in others obliging the citizen to take action against unconstitutional seizure of power; and in a third set of countries authorizing action against state interference in individual rights. [43]
In the context of Lebanon, amnesty has been considered to be a "politics of protracted conflict," [22] affecting the anticipation of future violence and influencing the sectarian reality in the country. An official amnesty law in Lebanon has only been adopted in 1991, following the civil war that lasted between 1975 and 1990.
The Rome Statute reflects the latest consensus of the international community on the definition of crimes against humanity. [9] The statute did not limit the definition to acts occurring in times of armed conflict, included a wider range of sexual violence as prohibited acts, and expanded the grounds on which persecution can be committed. [11]
At the time, violence in the country was at its lowest since the start of the Iraq War in 2003. The United States even had plans to withdraw its troops. Four years have passed, and while massacres in Iraq have diminished in frequency, they have persisted — even as many Americans believed sectarian violence had been suppressed.
Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment.