New Castle County, Delaware
New Castle County is the northernmost of the three counties of the U. S. state of Delaware. As of the 2010 census, the population was 538,479, making it the most populous county in Delaware, with just under 60% of the state's population of 897,936 in the same census; the county seat is Wilmington. New Castle County is included in the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area; the county is named after the English city of Newcastle. New Castle County has the highest population and population density of any Delaware county, it is the smallest county in the state by area, it has more people than the other two counties and Sussex, combined. It is the most economically developed of the three. Matt Meyer was elected New Castle County Executive in 2016. New Castle County is home to two minor league sports teams: the Wilmington Blue Rocks and the Delaware Blue Coats which plays in Wilmington, it has a professional auto racing track in New Castle known as Airport Speedway, which races on Saturday nights throughout the summer.
The first permanent European settlement on Delaware soil was Fort Christina, resulting from Peter Minuit's 1638 expedition on the Swedish vessels Fogel Grip and Kalmar Nyckel. The Swedes laid out the town at the site of modern-day Wilmington, they contracted with the Lenape Native Americans for land of Old Cape Henlopen north to Sankikans, inland as far as they desired. However, a dispute ensued between the Dutch, who asserted a prior claim to that land. In 1640, New Sweden was founded a few miles south of Christina. In 1644, Queen Christina appointed Lt. Col. Johan Printz as Governor of New Sweden, she directed boundaries to be set and to reach Cape Henlopen north along the west side of Godyn's Bay, up the South River, past Minquas Kill, to Sankikans. Printz settled as the seat of government and capital of the New Sweden colony. Peter Stuyvesant, Governor of New Netherland, sailed up the South River in 1651, he purchased land from the Lenape. Stuyvesant began to build Fort Casimir. In 1654, Johan Risingh and councilor to the Governor Lt. Col. Printz assumed Printz's duties and began to expel all Dutch from New Sweden.
Fort Casimir surrendered and was renamed Fort Trinity in 1654. The Swedes had complete possession of the west side of the Delaware River. On June 21, 1654, the Lenape met with the Swedes to reaffirm the purchase. Having learned of the fall of Fort Casimir, the Dutch sent Stuyvesant to drive the Swedes from both sides of the river, they allowed only Dutch colonists to settle in the area and on August 31, 1655, the territory was converted back to Fort Casimir. Fort Christina fell on September 15 to the Dutch and New Netherland ruled once again. John Paul Jacquet was appointed governor, making New Amstel the capital of the Dutch-controlled colony; as payment for regaining the territory, the Dutch West India Company conveyed land from the south side of Christina Kill to Bombay Hook, as far west as Minquas land. This land was known as the Colony of The City. On December 22, 1663, the Dutch transferred property rights to the territory along the Delaware River to England. In 1664, the Duke of York, was granted this land by King Charles II.
One of the first acts by the Duke was to order removal of all Dutch from New Amsterdam. In 1672, the town of New Castle was incorporated and English law ordered. However, in 1673, the Dutch attacked the territory. On September 12, 1673, the Dutch established New Amstel in present-day Delaware coterminous with today's New Castle County; the establishment was not stable, it was transferred to the British under the Treaty of Westminster on February 9, 1674. On November 6, 1674, New Amstel was made dependent on New York Colony, was renamed New Castle on November 11, 1674. On September 22, 1676, New Castle County was formally placed under the Duke of York's laws, it gained land from Upland County on November 12, 1678. On June 21, 1680, St. Jones County was carved from New Castle County, it is known today as Delaware. On August 24, 1682, New Castle County, along with the rest of the surrounding land, was transferred from the Colony of New York to the possession of William Penn, who established the Colony of Delaware.
In September 1673, a Dutch council established a court at New Castle with the boundaries defined as north of Steen Kill and south to Bomties Hook. In 1681, a 12-mile arc was drawn to delineate the northern border of New Castle County as it exists. In 1685, the western border was established by King James II. According to the U. S. Census Bureau, the county has a total area of 494 square miles, of which 426 square miles is land and 68 square miles is water; the boundaries of New Castle County are described in § 102 of the Delaware Code. The county is drained by Brandywine Creek, Christina River, other channels, its eastern edge sits along the Delaware Delaware Bay. Two small exclaves of the county and the state lie across the Delaware River, on its east bank on the New Jersey side, Finns Point adjacent to Pennsville Township, New Jersey, the northern tip of Artificial Island, adjacent to Lower Alloways Creek Township, New Jers
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence. These rights are referred to as Miranda rights; the purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in criminal proceedings. The language used in a Miranda warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any waiver of those rights by the defendant is knowing and intelligent. For example, the warning may be phrased. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice. You have the right to have a lawyer with you during questioning. If you can not afford a lawyer, one will be appointed for you before any questioning. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual, in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law. Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against them in a criminal trial; the concept of "Miranda rights" was enshrined in U. S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery and rape of a mentally handicapped young woman.
The circumstances triggering the Miranda safeguards, i.e. Miranda rights, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably to elicit an incriminating response; the Supreme Court did not specify the exact wording to use. However, the Court did create a set of guidelines; the ruling states:... The person in custody must, prior to interrogation, be informed that he/she has the right to remain silent, that anything the person says will be used against that person in court. In Berkemer v. McCarty, the Supreme Court decided that a person subjected to custodial interrogation is entitled to the benefit of the procedural safeguards enunciated in Miranda, regardless of the nature or severity of the offense of which they are suspected or for which they were arrested; as a result, American English developed the verb Mirandize, meaning "read the Miranda rights to" a suspect.
Notably, the Miranda rights do not have to be read in any particular order, they do not have to match the language of the Miranda case as long as they are adequately and conveyed. In Berghuis v. Thompkins, the Supreme Court held that unless a suspect expressly states that they are invoking this right, subsequent voluntary statements made to an officer can be used against them in court, police can continue to interact with the alleged criminal; every U. S. jurisdiction has its own regulations regarding what must be said to a person arrested or placed in a custodial situation. The typical warning states: You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you can not afford an attorney, one will be appointed for you before any questioning. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? The courts have since ruled that the warning must be "meaningful", so it is required that the suspect be asked if they understand their rights. Sometimes, firm answers of "yes" are required; some departments and jurisdictions require that an officer ask "do you understand?" after every sentence in the warning. An arrestee's silence is not a waiver, but on June 1, 2010, the Supreme Court ruled 5–4 that police are allowed to i
Wilmington is the largest and most populous city in the U. S. state of Delaware. The city was built on the site of the first Swedish settlement in North America, it is at the confluence of the Christina River and Brandywine River, near where the Christina flows into the Delaware River. It is the county seat of New Castle County and one of the major cities in the Delaware Valley metropolitan area. Wilmington was named by Proprietor Thomas Penn after his friend Spencer Compton, Earl of Wilmington, prime minister in the reign of George II of Great Britain; as of the 2017 United States Census estimate, the city's population is 72,846. It is the fifth least populous city in the U. S. to be the most populous in its state. The Wilmington Metropolitan Division, comprising New Castle County, DE, Cecil County, MD and Salem County, NJ, had an estimated 2016 population of 719,876; the Delaware Valley metropolitan area, which includes the cities of Philadelphia and Camden, New Jersey, had a 2016 population of 6,070,500, a combined statistical area of 7,179,357.
Wilmington is built on the site of Fort Christina and the settlement Kristinehamn, the first Swedish settlement in North America. The area now known as Wilmington was settled by the Lenape band led by Sachem Mattahorn just before Henry Hudson sailed up the Len-api Hanna in 1609; the area was called "Maax-waas Unk" or "Bear Place" after the Maax-waas Hanna. It was called the Bear River because it flowed west to the "Bear People", who are now known as the People of Conestoga or the Susquehannocks; the Dutch heard and spelled the river and the place as "Minguannan." When settlers and traders from the Swedish South Company under Peter Minuit arrived in March 1638 on the Fogel Grip and Kalmar Nyckel, they purchased Maax-waas Unk from Chief Mattahorn and built Fort Christina at the mouth of the Maax-waas Hanna. The area was known as "The Rocks", is located near the foot of present-day Seventh Street. Fort Christina served as the headquarters for the colony of New Sweden which consisted of, for the most part, the lower Delaware River region, but few colonists settled there.
Dr. Timothy Stidham was a prominent doctor in Wilmington, he was born in 1610 in Hammel and raised in Gothenburg, Sweden. He is recorded as the first physician in Delaware; the most important Swedish governor was Colonel Johan Printz, who ruled the colony under Swedish law from 1643 to 1653. He was succeeded by Johan Rising, who upon his arrival in 1654, seized the Dutch post Fort Casimir, located at the site of the present town of New Castle, built by the Dutch in 1651. Rising governed New Sweden until the autumn of 1655, when a Dutch fleet under the command of Peter Stuyvesant subjugated the Swedish forts and established the authority of the Colony of New Netherland throughout the area controlled by the Swedes; this marked the end of Swedish rule in North America. Beginning in 1664 British colonization began. A borough charter was granted in 1739 by King George II, which changed the name of the settlement from Willington, after Thomas Willing, to Wilmington after Spencer Compton, Earl of Wilmington.
Although during the American Revolutionary War only one small battle was fought in Delaware, British troops occupied Wilmington shortly after the nearby Battle of Brandywine on September 11, 1777. The British remained in the town until they vacated Philadelphia in 1778. In 1800, Eleuthère Irénée du Pont, a French Huguenot, emigrated to the United States. Knowledgeable in the manufacture of gunpowder, by 1802 DuPont had begun making the explosive in a mill on the Brandywine River north of Brandywine Village and just outside the town of Wilmington; the DuPont company became a major supplier to the U. S. military. Located on the banks of the Brandywine River, the village was annexed by Wilmington city; the greatest growth in the city occurred during the Civil War. Delaware, though remaining a member of the Union, was a border state and divided in its support of both the Confederate and the Union causes; the war created enormous demand for goods and materials supplied by Wilmington including ships, railroad cars, gunpowder and other war-related goods.
By 1868, Wilmington was producing more iron ships than the rest of the country combined and it rated first in the production of gunpowder and second in carriages and leather. Due to the prosperity Wilmington enjoyed during the war, city merchants and manufacturers expanded Wilmington's residential boundaries westward in the form of large homes along tree-lined streets; this movement was spurred by the first horsecar line, initiated in 1864 along Delaware Avenue. The late 19th century saw the development of the city's first comprehensive park system. William Poole Bancroft, a successful Wilmington businessman influenced by the work of Frederick Law Olmsted, led the effort to establish open parkland in Wilmington. Rockford Park and Brandywine Park were created due to Bancroft's efforts. Both World Wars stimulated the city's industries. Industries vital to the war effort – shipyards, steel foundries, machinery, a
James T. Vaughn Correctional Center
The James T. Vaughn Correctional Center the Delaware Correctional Center, is a state prison for men in unincorporated New Castle County, Delaware, USA, near Smyrna, it is the Delaware Department of Correction's largest correctional facility. JTVCC houses some 2,500 minimum and maximum security inmates, it is the primary facility for housing the Kent County pre-trial population. The state's death row for men is in located here, while the death row for women is in the Delores J. Baylor Women's Correctional Institution. Executions occur at JTVCC; the facility is named for former Delaware State Senator James T. Vaughn, who died in 2007. In 1996, construction began on a $110 million, 888-bed addition which included 600 maximum security cells in six units; the new addition houses the Medium-High Housing Unit. Inmates in the SHU, which includes the prison's death row, occupy single-bunked cells in which they are locked down and receive three hours a week out of their cell for recreational purposes. Inmates, other than those sentenced to the death penalty, may earn their way out of the SHU through good behavior.
In 2015, the prison became a subject of an ACLU lawsuit, due to the use of solitary confinement for mentally ill inmates. Further lawsuits have been filed due to the Delaware State Correction's decision to feed some inmates "baked slop," while other states have discontinued the use of such meals. On July 12, 2004, 45-year-old inmate Scott Miller, armed with a shank, took a 27-year-old female prison counselor hostage. Miller raped the woman who he held for seven hours before being killed. Miller, a convicted serial rapist, was serving a 694-year sentence at the time. On February 1, 2017, inmates took control of Building C holding five correctional officers as hostages according to media reports; this building houses about 100 inmates. The incident was first reported by a correctional officer's radio call for "immediate assistance" at 10:38 a.m. The prison, all other prisons within Delaware, were placed on lockdown. One hostage was released a few hours and taken to a hospital with'non-life threatening' injuries.
That evening, two other hostages were released. When the hostage situation ended, one hostage, identified as correctional officer and 16-year veteran Sgt. Steven Floyd, was killed and another was injured; the incident led to a proposal to reinstate the state death penalty. Thomas Capano Billy Glaze Steven Brian Pennell Earl Bradley Jerome Franks James T. Vaughn Correctional Center Delaware execution chamber photo
A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom; some constitutions codified constitutions act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
The Constitution of India is the longest written constitution of any country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version. The Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, a total of 3,814 words; the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. The term was used in canon law for an important determination a decree issued by the Pope, now referred to as an apostolic constitution; every modern written constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abide by the said constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority".
Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power". For example, a students' union may be prohibited as an organization from engaging in activities not concerning students. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation, found to be beyond power will be "invalid" and of no force. In this context, "within power", intra vires, "authorized" and "valid" have the same meaning. In most but not all modern states the constitution has supremacy over ordinary statutory law, it was never "law" though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.
Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional; the remedy for such violations have been petitions for common law writs, such as quo warranto. Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC; the earliest prototype for a law of government, this document itself has not yet been discovered. For example, it is known that it relieved tax for widows and orphans, protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws; the oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur. Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.
In 621 BC, a scribe named. In 594 BC, the ruler of Athens, created the new Solonian Constitution, it eased the burden of the workers, determined that membership of the ruling class was to be based on wealth, rather than by birth. Cleisthenes again
Capital punishment in the United States
Capital punishment is a legal penalty in the United States used by 30 states, the federal government, the military. Its existence can be traced to the beginning of the American colonies; the United States is the only developed Western nation. It is one of 54 countries worldwide applying it, was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries; the Philippines has since abolished executions, Guatemala has done so for civil offenses, leaving the United States one of 4 countries to use this method, along with China and Vietnam. There were no executions in the United States between 1967 and 1977. In 1972, the U. S. Supreme Court struck down capital punishment statutes in Furman v. Georgia, reducing all death sentences pending at the time to life imprisonment. Subsequently, a majority of states passed new death penalty statutes, the court affirmed the legality of capital punishment in the 1976 case Gregg v. Georgia. Since more than 7,800 defendants have been sentenced to death.
A total of 161 who were sentenced to death in the modern era were exonerated before their execution. As of April 1, 2018, 2,743 are still on death row; the first recorded death sentence in the British North American colonies was carried out in 1608 on Captain George Kendall, executed by firing squad at the Jamestown colony for spying for the Spanish government. The Bill of Rights adopted in 1789 included the Eighth Amendment which prohibited cruel and unusual punishment; the Fifth Amendment was drafted with language implying a possible use of the death penalty, requiring a grand jury indictment for "capital crime" and a due process of law for deprivation of "life" by the government. The Fourteenth Amendment adopted in 1868 requires a due process of law for deprivation of life by any states; the Espy file, compiled by M. Watt Espy and John Ortiz Smykla, lists 15,269 people executed in the United States and its predecessor colonies between 1608 and 1991. From 1930 to 2002, there were 4,661 executions in the U.
S. about two-thirds of them in the first 20 years. Additionally, the United States Army executed 135 soldiers between 1916 and 1955. Three states abolished the death penalty for murder during the 19th century: Michigan in 1846, Wisconsin in 1853 and Maine in 1887. Rhode Island is a state with a long abolitionist background, having repealed the death penalty in 1852, though it was theoretically available for murder committed by a prisoner between 1872 and 1984. Other states which abolished the death penalty for murder before Gregg v. Georgia include: Minnesota in 1911, Vermont in 1964, Iowa and West Virginia in 1965 and North Dakota in 1973. Hawaii abolished the death penalty in 1948 and Alaska both before their statehood. Puerto Rico repealed it in 1929 and the District of Columbia in 1981. Arizona and Oregon abolished the death penalty by popular vote in 1916 and 1964 but both reinstated it, again by popular vote, some years later. Puerto Rico and Michigan are the only two U. S. jurisdictions to have explicitly prohibited capital punishment in their constitutions: in 1952 and 1964, respectively.
Capital punishment continued to be used by a majority of states and the federal government for various crimes murder and rape, from the creation of the United States up to the beginning of the 1960s. Until "save for a few mavericks, no one gave any credence to the possibility of ending the death penalty by judicial interpretation of constitutional law", according to abolitionist Hugo Bedau; the possibility of challenging the constitutionality of the death penalty became progressively more realistic after the Supreme Court of the United States decided on Trop v. Dulles in 1958; the Supreme court declared explicitly, for the first time, that the Eighth Amendment's cruel and unusual clause must draw its meaning from the "evolving standards of decency that mark the progress of a maturing society", rather than from its original meaning. In the 1932 case Powell v. Alabama, the court made the first step of what would be called "death is different" jurisprudence, when it held that any indigent defendant was entitled to a court-appointed attorney in capital cases – a right, only extended to non-capital defendants in 1963, with Gideon v. Wainwright.
In Furman v. Georgia, the U. S. Supreme Court considered a group of consolidated cases; the lead case involved an individual convicted under Georgia's death penalty statute, which featured a "unitary trial" procedure in which the jury was asked to return a verdict of guilt or innocence and determine whether the defendant would be punished by death or life imprisonment. The last pre-Furman execution was that of Luis Monge on June 2, 1967. In a 5–4 decision, the Supreme Court struck down the impositions of the death penalty in each of the consolidated cases as unconstitutional in violation of the Eighth and Fourteenth Amendments of the United States Constitution; the Supreme Court has never ruled the death penalty to be per se unconstitutional. The five justices in the majority did not produce a common opinion or rationale for their decision and agreed only on a short statement announcing the result; the narrowest opinions, those of Byron White and Potter Stewart, expressed generalized concerns about the inconsistent application of the death penalty across a variety of cases, but did not exclude the possibility of a constitutional death penalty law.
Stewart and William O. Douglas worried explicitly about racial discrimination in en