Without going into the specifics of the charge, the defendant was found guilty of violating an obscure state law in a county court. Since the law was enacted a century ago, not a single person has been charged with violating it in the state. As a result, this case was essentially new territory for state prosecutors and the presiding county court judge. The case is being appealed. The defense attorney is confident that the verdict will be overturned based on a failure of what they perceive as the judge not abiding by precedent. This claimed precedent refers to a recent highly publicized case in another state that involved a similar law. As a noted legal scholar, the state judiciary has called you in to assess the validity of the appeal. When asked for your preliminary thoughts by a senior state prosecutor, specifically if you believe the judge failed to follow precedent in offering his opinion, how do you respond

Answers

Answer 1

In the situation described and following the definition and common use cases of precedent, I would confirm that it is my opinion that the judge in question did in fact fail to follow precedent.

Precedent is described as a past event and/or action which is used as a guide when considering the course of action for a similar situation. Given the keyword "similar" in this definition, it can be argued that in order for precedent to apply to a situation, it is not necessary for the details of each situation to be identical.

Therefore, the defense attorney can argue the failure to follow precedent based solely on the similarly obscure nature of each law. Furthermore, if the defense attorney is able to procure evidence of past infractions of this law for which no charges were upheld, it would almost certainly result in the appeal being granted and the subsequent review of the law in question.

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Without Going Into The Specifics Of The Charge, The Defendant Was Found Guilty Of Violating An Obscure

Related Questions

5 paragraph Essay about law enforcement in the United States

Answers

Answer:

There are close to 18,000 different police agencies operating in the United States today. These different police agencies all fulfill a role in the criminal justice system. To manage the sheer scale of operating these agencies they are broken down into different levels, branches of government, and jurisdiction. The scale of these agencies can be seen as a progressive stair case starting with the lowest level, the local agencies, and working its way up to the federal agencies. Their collective primary goal is enforce the law, maintain order, and ensure public safety. They do not determine guilt in long trials, nor do they create law. Instead these collective agencies are more focused on working within the general population instead of working on behalf of the general population.

The first level of a police agencies are those that are at the local level. Even the local level can be broken down further to agencies operating at the municipal level, county level, and tribal agencies. Municipal police or city police are those agencies responsible for law enforcement with in their city boundary. These agencies car vary in size from 1 officer to 30,000 officers. Municipal police are generally tasked with traffic enforcement, patrol, and depending on the resources available they are also tasked with criminal investigations. Next is the county sheriff and deputy sheriffs. Most of the sheriff positions are elected officials serving 2 to 4 year terms. The county agencies are responsible for law enforcement within the boundaries of their respective counties. They are tasked with similar duties as those of municipal police, and can also provide help to smaller municipal agencies. The Next level up from local agencies are the state agencies. Some states use a state police agency, like Texas or Massachusetts, these agencies are responsible for law enforcement at the state level. Most are tasked with highway patrol and statewide investigations. The state police execute search warrants in some states and help responded to situations where the local police do not have the resources available. Some states only have a highway patrol like here in Colorado. The highway patrol is responsible for enforcing traffic laws on state highways and interstates. The investigative side of law enforcement is normally handled by a state bureau of investigations. 23 states employ a state police force, while the rest employ a highway patrol with the exception of Hawaii which has no state agency. The final level of police agencies In America are those that operate at the federal level. There are currently 65 federal agencies operating today in the country. These different agencies have various responsibilities ranging from law enforcement, border patrol, customs, taxes, and corrections. The most commonly known agencies are the FBI, ICE, Boarder Patrol, ATF, and the Marshals. Agencies like the FBI are tasked with investigating crimes at the federal level these can include crimes that violate federal law, interstate crime rings, and terrorism. Each agency has a specific role to play in investigations. The ATF for example investigate crimes related to illegal use or manufacturing of alcohol, tobacco, firearms, and arson. While agencies like the DEA are tasked with drug trafficking prevention and investigation. Different agencies fall under different departments of government, for example the FBI and DEA fall under the Department of Justice under the executive branch of government. While agencies like the IRS fall under the Department of the Treasury. Each of the agencies has a role to fill and their domain to maintain, but they must also work in conjunction with the different components of the criminal justice system. The police agencies are not the only source working and governing in the criminal.

Explanation:

by european law, feta cheese can only be called feta if it is produced in what country?

Answers

Answer:

particular areas of Greece

Betsy Borden is accused of murdering her father. In her defense, she calls her minister as a character witness. He testifies to her peaceable and nonviolent reputation. She also testifies in her own behalf to an alibi defense. The prosecution has evidence that within the past five years Borden was convicted of Disturbing the peace, a misdemeanor punishable by six months in jail. The conviction arose from an incident in which Borden disrupted a restaurant by throwing her meal at the server. Should the prosecution be allowed to make use of the prior convictions in any way at trial

Answers

Answer:

I don't believe the prosecution should use the prior conviction in trial other than to provide a background. Since she was already convicted of the crime it can't be used against her anyways.

Explanation:

Billy Bob is 42 years old, lives in Arizona, and moved to the United States 6 years ago.
Which side of the Legislative Branch can he serve in? Why?

Answers

Answer:

He could serve as part of the senate since he is atleast 30 years of age.

Explanation:

In a legal memorandum, when discussing how other cases have addressed an issue that you are analyzing, you need to include ____ the cases.

Answers

Answer:

In a legal memorandum, when discussing how other cases have addressed an issue that you are analyzing, you need to include _citations to___ the cases.

Explanation:

can you claim self defense if you are committing a crime

Answers

Answer:

Depends

Explanation:

Sometimes you can because it really depends, if you commited the crime and then claimed self defense just to reduce the time of your sentence people might belive you, but the moral of the story is , yes you can

(depending on your state)

Answer:

As the other person said, it depends.

Explanation:

If someone was aiming guns at your face or someone was trying to kill you, or maybe someone was harassing you. And you hit them back to the point they couldn't breathe, yeah you can, it should give you some wiggle space in court if you say that.

Explain how the forms of demand supply will eliminate a market surplus

Answers

Two or three major things will affect this in a free market:

As a surplus develops, prices will drop because of oversupply.
As prices drop, profits drop, and production will be shifted to more profitable products.
If a residual surplus remains, it will be sold off at even lower discounted prices, because maintaining an excess supply is expensive, in terms of investment in product that is not returning anything on the investment, and additional losses due to warehousing or storage.

Candace works as a defense lawyer and, in court, makes an accusation of misconduct related to the process of discovery. What might Candace be claiming?

A.
Officers lied on the witness stand.

B.
The jury was not impartial or fair.

C.
The sentence was unduly harsh.

D.
The prosecution withheld evidence.

Answers

The jury was not impartial or fair.

Answer:

B the jury was not fair

Explanation:

Restraint use among younger novice drivers is
a)
b)
c)
Below average
Average
Above average

Answers

Answer:

A I think that's the answer

Answer: A, below average
Explanation: Younger drivers tend to be more skittish, and don’t often fight law enforcement.

PLEASE HELP ME ASAP
Who MOST likely carried out the Gardner Museum heist, in which $500 million in art was stolen and none has been recovered? OA. habitual thieves B. professional thieves C. persistent thieves d D. occasional offenders​

Answers

Answer:

B. Professional thieves

Answer:

professional thieves

Explanation:

The "professional thief" is a highly specialized predatory offender with a history that dates back to Elizabethan England. Although this type of criminal is generally associated with narcotic addiction, his drug-taking typically involved the use of heroin, morphine, and cocaine on an intermittent basis.

Also, I took the quiz :)

Someone you know gets a perfect score on the SAT. What personal, family, and social characteristics do you think they have

Answers

If someone gets a perfect score on the SAT, they will most likely have 1 to no friends because she or he would be studying all the time. The reason she or he may be studying all the time may be because of their family. Their parents may push them too hard which made them feel like they have to get straight A's and it is a way of making their parents proud. On the other hand, they might have also be living in a poor area. Most kids from a young age may see their parents and where they are at now and use that as something that pushes them to do good in life to get out of an area like that. They are not social at all and they most likely are a teacher's pet. They never go to parties or get in trouble. They most likely have a perfect attendance.

will give brainliest

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thank you so much.......

what 1978 law amended title vii of the civil rights act?

Answers

The Pregnancy Discrimination Act of 1978

What is the Definition of Feebleness

Answers

Answer: the quality or state of lacking physical strength or vigor

The United States Supreme Court can overrule a decision made by a state's highest appellate court only when an issue of _____ is involved.

Answers

Answer:

The United States Supreme Court can overrule a decision made by a state's highest appellate court only when an issue of constitutional procedure is involved.

I hope this helped at all.

Holding people in jail without bond to ensure both their appearance at trial and the safety of the community is known as:

Answers

Answer:

The answer is Preventative Detention

Answer:

Holding people in jail without bond to ensure both their appearance at trial and the safety of the community is known as preventive detention.

I hope this helped at all.

When does the law give a blind pedestrian special consideration at intersections where there are no traffic lights

Answers

If he holds out a white cane or has a guide dog with him

PLEASE HELP ME ASAP
Andre is found murdered in the office of his construction company. His father began the company when Andre was a boy and several of Andre's brothers and cousins work for the company. After a lengthy investigation, detectives uncover evidence that Andre's brother James shot Andre in order to take his place as the manager of the company. Since the perpetrator was a member of Andre's family, what type of homicide would this be classified as? A. friendly homicide B. primary homicide OC. close homicide OD. secondary homicide​

Answers

Answer:

primary homicide

Explanation:

instrumental crimes that involve premeditation and are less likely to be victim precipitated. False, primary homicides are expressive crimes that result from acts of interpersonal hostility. Who is involved in non primary homicides? Strangers, no prior relationship between victims and offenders

Since the perpetrator was a member of Andre's family, it is a type of primary homicide. The appropriate response is option B.

What is homicide?

Homicide, or the killing of one person by another, The term "homicide" refers to both criminal and noncriminal killings, including murder, manslaughter, and various forms of homicide.

First-degree murder in the United States is defined as a homicide committed with intent or as part of a major offense (e.g., kidnapping). Less severe degrees of intent are required for second- and third-degree murder. 

Noncriminal homicides include murders carried out in self- or other-defense as well as fatalities brought on by accidents caused by people acting lawfully.

Primary homicides are expressive crimes that are the outcome of hostile activities committed against other people. Who is responsible for secondary homicides? There is no history of acquaintance between the victims and the culprits.

Hence, the appropriate response is option B.

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Todd leaves his bag with a BB gun in it in the locker room after game. Janitors find the gun when looking for ID in the bag. The next day, he is taken from class by police and a principal. He is interviewed and told he had to answer the questions. He was not told he could talk to his parents or a lawyer.

Amendment involved: Was it violated?: How?:

Answers

Answer:

it is violated

Explanation:

You have the right to remain silent and you have the right to a lawyer. by not giving todd his rights, they have commited an offense and he has the right to a retrial

Answer:

Yes it was

Explanation:

what is the punishment for drunk driving and killing someone

Answers

Answer:

You could face 10 years in jail, and a 25000$ fine.

This only applies to Philadelphia. It is different for other states/countries.

I hope this helped at all.

mendel’s laws of segregation and independent assortment are based on the movement of chromosomes during meiosis, even though mendel did not know about chromosomes during his lifetime. can you match each of the following events with the law it illustrates?

Answers

According to Mendel, the law of segregation posits that an individual has two alleles and a parent typically passes only one allele to the offspring.

Your information is incomplete. Therefore, an overview of the law of segregation and independent assortment will be given. Mendel's Law of Independent Assortment implies that the inheritance of one gene is independent of the inheritance of the other pair.

It should be noted that the law of segregation and independent assortment are vital during meiotic division. Mendel's law of segregation simply entails how homologous chromosomes are separated in meiosis.

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Article I, Section 9 of the U.S. Constitution lists these types of powers that Congress does NOT possess.

Answers

Answer: Congress cannot pass ex post facto laws (outlaws acts after they have been committed). Congress cannot pass bills of attainder (punishes individuals outside there court system)

Explanation:

legal decisions made by judges in court cases are called

Answers

Answer:

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.

Explanation:

What was the role of judicial review in FBI versus fazaga

The case is about the fbi illegally spying on a Muslim community in California

Answers

Answer:

It preserved judicial review in civil cases that contained allegations of unlawful surveillance, citing the Fourth Amendment as a protector.

A judge tries to save his friend, the defendant in a drug related case, from embarrassment by closing the trial to public and the media.

Amendment involved: Was it violated?: How?:

Answers

Answer:

It has also decided that the right to a public trial is not absolute, and that both the government and the defendant might request a secret trial in specific circumstances. The Sixth Amendment mandates that criminal defendants be informed of the nature and basis of their charges.

PLEASE HELP ME ASAPP
а After a natural disaster, police see a rise in crime because people are out of their normal routine. This is an example of social disorganization theory. A. True B. False​

Answers

The question is not an example of social disorganization theory because the condition of the environment contributed to the increasing crime.

The theory of social disorganization asserts that person’s physical and social environments are primarily responsible for the behavioral choices made by the them.

According to the theory, the location of people does matters when it comes to predicting illegal act.

According a Chicago-based research, they concluded that location with highest crime rates have common problems including

physical dilapidationpovertyhigh level of ethnic and culture mixing.

In conclusion, the question is not an example of social disorganization theory because the condition of the environment contributed to the increasing crime.

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Answer:

false

Explanation:

Hi I’m Ivan and I Need help with quiz cant fail plz help

Answers

Answer:

what are the questions

Explanation:

who uses brainly to study? I thought we were all here to cheat on tests. but the ads say diffrent

Answers

Answer:i dont know who is here to study

Explanation:

Answer:

It is neither. Brainly is a whole scam.

While out one night, Kenneth and his friend Daruth begin to argue over money that Kenneth believes Daruth owes him. Daruth insists that he already paid it. Kenneth disagrees and becomes visibly upset as he needs the money to help his family cover some significant debt. Later, as Daruth leaves the restaurant, Kenneth comes out of the shadows and shoots Daruth, killing him. Of what kind of crime is this an example? A. nonprimary homicide B. expressive crime OC. instrumental crime D. mass murder​

Answers

The answer is A,D I hope help

Answer:

expressive crime

Explanation:

which is sometimes termed affective aggression, involves violence that is not directed at the acquisition of anything tangible or designed to accomplish anything specific other than the violent outcome itself. Assaults, disorders, and domestic violence are examples of expressive crime.

Which of the following is NOT an effective strategy to manage stress? Accept minor setbacks in your goals. Break down goals into smaller steps. Give yourself credit for accomplishments. Treat yourself to junk food.

Answers

Answer:

Treat yourself to junk food.

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In Chapter 2, we traced the emergence of three distinct colonial types in the Americas during the sixteenth and seventeenth centuries: tribute, plantation, and neo-European colonies. In Chapter 3, we have seen how Britain's plantation and neo-European colonies became more closely interconnected after 1700. What developments caused them to become more closely tied to each other? How did they benefit from these ties? Can you see any disadvantages to the colonies in a more fully integrated Atlantic system? Please help me Ill give you brainliest which one is correct Explain the role of women in sumerian society Bumuo ng maikling tula about sa pagkakilala Kay Jesus List and explain three ways in which Canadians were affected or were involved directly during the Second World War. Please explain why these are significant/important events. will mark brainlist if the answer is right b) A satellite is in a circular orbit around the Earth at an altitude of 1600 km above the Earth's surface. Determine the orbital period of the satellite in hours. [3] 6. Find the percent of decrease from 24 to 18. A child with chronic allergic symptoms uses an intranasal steroid for control of symptoms. At this child's annual well-child checkup, the NP should carefully review what 10. Explain the relationship between Biblical truth and scientific and historical research. Which is an advantage to buying something online?You can try it right away.You can take it home with you.You can compare prices more easily.You might have to pay for shipping. Do you think you can survive the zombie apocalypse? If so how? A basketball player made 12 out of 15 free throws she attempted. She wants to know how many consecutive free throws she would have to make to raise the percent of successful free throws to 85%. Write an equation to represent this situation. Solve the equation. How many consecutive free throws would she have to make to raise her percent to 85%? Answer: Bonjour, aidez - vous pouvoir cet exercice?Mettez les lments donns en ordre pour avoir des phrases correctes5. en/ marre/ de/ J/me/ / 5/ ai/heures/ les/ tous/ cause/ matins/ irresponsables/ / grvistes/ de/ quelques/ lever/.//-/ quelle/ est/ la/ Pourriez/ suivre/ indiquer/ dmarche/ m/ club/ / pour/ du/ vous/ devenir/ membre/ ?/d/ plupart/ La/ eux/ pour/ le/ / entre/ camping/ la/ optent/ ferme/./ Animal physiology and anatomyDescribe briefly the importance of energy diet in reproduction Write an expression that represents the weight of an object that weighs 12 pounds and increases by 0.5 pound per month. Let m be the number of months.Please help guys What the answer plzSome anybody A scientist uses a microscope to inspect a thin piece of onion and a paramecium. A paramecium is a type of protist. How are the protist and onion sample similar? A. They are both made of a single cell. B. They are both made of structures other than cells. C. They are both made of many cells. D. They are both made of one or more cells. Who was the Roosevelt Corollary directed towards? What are the main differences between informative and argumentative claims? Which expression is equivalent to -2v+(-4)+(-3v)? A -5 B 7v C -6v+5 D -5v+ 4