A military discharge is given when a member of the armed forces is released from his or her obligation to serve. Each country's military has different types of discharge, they are based on whether the person completed their training and fully and satisfactorily completed their term of service. Other types of discharge are based on factors such as the quality of the person's service, whether their service had to be ended prematurely due to humanitarian or medical reasons, whether the person had been found to have drug or alcohol dependency issues and whether they were complying with treatment and counseling, or whether the person had demerits or punishments for infractions or were convicted of any crimes; these factors affect whether they will be asked or allowed to re-enlist and whether they qualify for benefits after their discharge. There are several reasons why someone may be discharged from the military, including expiration of enlistment, disability and hardship. Members of the British Armed Forces are to complete their service obligations before they may be considered for discharge.
Service personnel who attempt to leave before completing their length of service, without going through the appropriate channels, may be subject to criminal conviction. At the end of service in the Regular Forces, personnel have a compulsory reserve liability; the length of this liability depends on the Service and type of commission or engagement in which they entered and whether they are subject to the Reserve Forces Act 1980 or 1996. Types of dischargeNormal Service Leaver: personnel who A) are leaving on completion of engagement. Early Service Leaver: personnel who have been discharged either A) compulsorily from the trained or untrained strength, or B) at his/her own request from the trained strength or untrained strength having completed less than 4 years of service. Medical Discharge / Retirement: service is being terminated on medical grounds. Personnel would have attended a Medical Board that recommended the person's services be terminated on medical grounds. Army officers and other ranks must be interviewed by at least one of the following: Unit Welfare Officer Regimental Career Management Officer Regimental Sergeant Major Regimental Administrative Officer Commanding Officer Unit Resettlement Information Staff Individuals in the Royal Navy and Royal Marines who are not due for compulsory retirement but who wish to leave the Service, for whatever reason, before reaching the end of their Commission/Career/Engagement may apply for Early Termination, provided the conditions outlined in Chapter 54 of BR 3 - Naval Personnel Management are met.
Within the Naval Service, the term "retirement" applies to officers who complete the period of service required by their respective commissions. For officers of the trained strength, recommendations for termination of a commission must be reviewed by the Admiralty Board. Early Termination: Officers may apply to leave up until their Premature Termination of Career Training point, before the day they pass out of Britannia Royal Naval College, depends on their speciality. Ratings and Other Ranks have a "statutory right of discharge" after six months' service or after they turn 18. Invaliding: Personnel may be "invalided out" if they are found "permanently unfit for full naval service" by the Naval Service Medical Board of Survey. Resignation: This is a common civilian term used to refer to the termination of one's commission but in the Naval Service, the term "resignation" has a "special meaning". Despite common usage of the term, officers do not have the right to resign their commission. However, they may be permitted to do so under extenuating circumstances, at the discretion of their CO and with permission from the Admiralty Board.
Resignation is appropriate. Circumstances that would warrant resignation rather than the other types of discharge are where an individual holds actions or beliefs/attitudes that fundamentally conflict with the concept of military service; the primary consideration of the Admiralty Board's acceptance of resignation is the best interests of the Service. Officers who resign their commissions are not liable to serve in the Reserves but certain benefits such as retired pay and resettlement grant may be affected. Other types of discharges include: Compulsory Withdrawal from Training: When an officer's performance – whether professional, character or leadership – falls below the standard required after all appropriate warnings have been applied, this type of discharge may be invoked. Young Officers at the Britannia Royal Naval College or Commando Training Centre Royal Marines and Officer Candidates promoted from the Lower Deck who fail to complete initial training can be subjected to a CWFT. Pilots undergoing professional training would be suspended from flying duties.
Administrative Discharge: Officers whose performance or conduct falls below the standard required may be discharged from the Active List. Incapacity Due to Causes beyond the Officer's Control Unsuitability Due to Causes within the Officer's Control: service personnel may be discharged on grounds of "temperamental unsuitability"; the RN BR3 handbook defines TU as "a persistent and obvious failure by the individual to adapt to the basic, but unique demands of Service life". Misconduct Dismissal: Officers charged with offences under the Military Discipline Legislation. In exceptional cases, officers may be "dismissed with disgrace". Compassionate discharge: There are several types of compassionate disch
President of the United States
The president of the United States is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. In contemporary times, the president is looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower; the role includes responsibility for the world's most expensive military, which has the second largest nuclear arsenal. The president leads the nation with the largest economy by nominal GDP; the president possesses international hard and soft power. Article II of the Constitution establishes the executive branch of the federal government, it vests the executive power of the United States in the president. The power includes the execution and enforcement of federal law, alongside the responsibility of appointing federal executive, diplomatic and judicial officers, concluding treaties with foreign powers with the advice and consent of the Senate.
The president is further empowered to grant federal pardons and reprieves, to convene and adjourn either or both houses of Congress under extraordinary circumstances. The president directs the foreign and domestic policies of the United States, takes an active role in promoting his policy priorities to members of Congress. In addition, as part of the system of checks and balances, Article I, Section 7 of the Constitution gives the president the power to sign or veto federal legislation; the power of the presidency has grown since its formation, as has the power of the federal government as a whole. Through the Electoral College, registered voters indirectly elect the president and vice president to a four-year term; this is the only federal election in the United States, not decided by popular vote. Nine vice presidents became president by virtue of a president's intra-term resignation. Article II, Section 1, Clause 5 sets three qualifications for holding the presidency: natural-born U. S. citizenship.
The Twenty-second Amendment precludes any person from being elected president to a third term. In all, 44 individuals have served 45 presidencies spanning 57 full four-year terms. Grover Cleveland served two non-consecutive terms, so he is counted twice, as both the 22nd and 24th president. Donald Trump of New York is the current president of the United States, he assumed office on January 20, 2017. In July 1776, during the American Revolutionary War, the Thirteen Colonies, acting jointly through the Second Continental Congress, declared themselves to be 13 independent sovereign states, no longer under British rule. Recognizing the necessity of coordinating their efforts against the British, the Continental Congress began the process of drafting a constitution that would bind the states together. There were long debates on a number of issues, including representation and voting, the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish a perpetual union between the states in November 1777 and sent it to the states for ratification.
Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions and regulations, but not any laws, could not impose any taxes or enforce local commercial regulations upon its citizens; this institutional design reflected how Americans believed the deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion: a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some royal prerogatives to Congress; the members of Congress elected a President of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator. Unrelated to and quite dissimilar from the office of President of the United States, it was a ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies.
With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another, they witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates, their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, with an aim toward resolving further-reaching interstate commercial antagonisms; when the convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia.
Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington's attendance to Philadelphia as a delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance (Rh
Coast Guard Court of Criminal Appeals
The Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U. S. Coast Guard, it is located in Washington, DC. The Court was established under Article 66, Uniform Code of Military Justice, by the Judge Advocate General of the Coast Guard; the Court is composed of five appellate military judges, organized in panels of three for consideration of referred cases. All but the Chief Judge have other primary duties, so that their service on the Court constitutes a collateral duty. In general, the Court reviews and acts on the records by affirming, reversing, or modifying in part the findings or sentence in each case of trial by court-martial in which the sentence, as approved, extends to death; the Court reviews other courts-martial with lesser sentences if the Judge Advocate General so directs. After CGCCA review, the next level of appeal is to the United States Court of Appeals for the Armed Forces. Reviewed by the Court are petitions for extraordinary writs, petitions for new trial which have been referred to the Court, appeals by the United States under Article 62, UCMJ.
The judges may be commissioned civilians. As of 2019, the Court is constituted as follows: Chief Judge Lane I. McClelland Judge John F. Havranek Judge Robert W. Bruce Judge Brian M. Judge Judge Jason R. Hamilton Judge Kurt J. Brubaker Judge Brian K. Koshulsky Judge Christopher P. Mooradian Court-martial Coast Guard Legal Division Coast Guard Investigative Service Army Court of Criminal Appeals Navy-Marine Corps Court of Criminal Appeals Air Force Court of Criminal Appeals Coast Guard Court of Criminal Appeals
A jury is a sworn body of people convened to render an impartial verdict submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the lack thereof in a crime. In Anglophone jurisdictions, the verdict may be not guilty; the old institution of grand juries still exists in some places the United States, to investigate whether enough evidence of a crime exists to bring someone to trial. The modern criminal court jury arrangement has evolved out of the medieval juries in England. Members were supposed to inform themselves of crimes and of the details of the crimes, their function was therefore closer to that of a grand jury than that of a jury in a trial. The word jury derives from Anglo-Norman juré. Juries are most common in common law adversarial-system jurisdictions. In the modern system, juries act as triers of fact. A trial without a jury is known as a bench trial; the "petit jury" hears the evidence in a trial as presented by the defendant.
After hearing the evidence and jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury, unable to come to a verdict is referred to as a hung jury; the size of the jury varies. In civil cases many trials require fewer than twelve jurors. A grand jury, a type of jury now confined exclusively to federal courts and some state jurisdictions in the United States, determines whether there is enough evidence for a criminal trial to go forward. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from the petit jury used during a trial with 12 jurors, it is not required. Grand juries can be used for filing charges in the form of a sealed indictment against unaware suspects who are arrested by a surprise police visit.
In addition to their primary role in screening criminal prosecutions and assisting in the investigation of crimes, grand juries in California and some other U. S. states are sometimes utilized to perform an investigative and policy audit function similar to that filled by the Government Accountability Office in the United States federal government and legislative state auditors in many U. S. states. A third kind of jury, known as a coroner's jury can be convened in some common law jurisdiction in connection with an inquest by a coroner. A coroner is a public official, charged with determining the circumstances leading to a death in ambiguous or suspicious cases. A coroner's jury is a body that a coroner can convene on an optional basis in order to increase public confidence in the coroner's finding where there might otherwise be a controversy. In practice, coroner's juries are most convened in order to avoid the appearance of impropriety by one governmental official in the criminal justice system toward another if no charges are filed against the person causing the death, when a governmental party such as a law enforcement officer is involved in the death.
Serving on a jury is compulsory for individuals who are qualified for jury service. A jury is intended to be an impartial panel capable of reaching a verdict. Procedures and requirements may include a fluent understanding of the language and the opportunity to test jurors' neutrality or otherwise exclude jurors who are perceived as to be less than neutral or partial to one side. Juries are chosen randomly from the eligible population of adult citizens residing in the court's jurisdictional area. Jury selection in the United States includes organized questioning of the prospective jurors by the lawyers for the plaintiff and the defendant and by the judge—voir dire—as well as rejecting some jurors because of bias or inability to properly serve, the discretionary right of each side to reject a specified number of jurors without having to prove a proper cause for the rejection, before the jury is impaneled. A head juror is called the "foreperson", "foreman" or "presiding juror"; the foreperson may be chosen before the trial begins, or at the beginning of the jury's deliberations.
The foreperson may be selected depending on the jurisdiction. The foreperson's role may include asking questions on behalf of the jury, facilitating jury discussions, announcing the verdict of the jury. Since there is always the possibility of jurors not completing a trial for health or other reasons one or more alternate jurors are selected. Alternates are present for the entire trial but do not take part in deliberating the case and deciding the verdict unless one or more of the impaneled jurors are removed from the jury. In Connecticut, alternate jurors are dismissed. Connecticut General Statutes 51–243 and 54-82h do not allow alternat
Illegal drug trade
The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture and sale of drugs that are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs through the use of drug prohibition laws; the United Nations Office on Drugs and Crime's World Drug Report 2005 estimates the size of the global illicit drug market at US$321.6 billion in 2003 alone. With a world GDP of US$36 trillion in the same year, the illegal drug trade may be estimated as nearly 1% of total global trade. Consumption of illegal drugs is widespread globally and remains difficult for local authorities to thwart its popularity. Chinese authorities issued edicts against opium smoking in 1729, 1796 and 1800; the West prohibited addictive drugs throughout the late early 20th centuries. In the early 19th century, an illegal drug trade in China emerged; as a result, by 1838 the number of Chinese opium-addicts had grown to between four and twelve million.
The Chinese government responded by enforcing a ban on the import of opium. The United Kingdom forced China to allow British merchants to sell Indian-grown opium. Trading in opium was lucrative, smoking opium had become common in the 19th century, so British merchants increased trade with the Chinese; the Second Opium War broke out in 1856. After the two Opium Wars, the British Crown, via the treaties of Nanking, Tianjin, obligated the Chinese government to pay large sums of money for opium they had seized and destroyed, which were referred to as "reparations". In 1868, as a result of the increased use of opium, the UK restricted the sale of opium in Britain by implementing the 1868 Pharmacy Act. In the United States, control of opium remained under the control of individual US states until the introduction of the Harrison Act in 1914, after 12 international powers signed the International Opium Convention in 1912. Between 1920 and 1933 the Eighteenth Amendment to the United States Constitution banned alcohol in the United States.
Prohibition proved impossible to enforce and resulted in the rise of organized crime, including the modern American Mafia, which identified enormous business opportunities in the manufacturing and sale of illicit liquor. The beginning of the 21st century saw drug use increase in North America and Europe, with a increased demand for marijuana and cocaine; as a result, international organized crime syndicates such as the Sinaloa Cartel and'Ndrangheta have increased cooperation among each other in order to facilitate trans-Atlantic drug-trafficking. Use of another illicit drug, has increased in Europe. Drug trafficking is regarded by lawmakers as a serious offense around the world. Penalties depend on the type of drug, the quantity trafficked, where the drugs are sold and how they are distributed. If the drugs are sold to underage people the penalties for trafficking may be harsher than in other circumstances. Drug smuggling carries severe penalties in many countries. Sentencing may include lengthy periods of incarceration and the death penalty.
In December 2005, Van Tuong Nguyen, a 25-year-old Australian drug smuggler, was hanged in Singapore after being convicted in March 2004. In 2010, two people were sentenced to death in Malaysia for trafficking 1 kilogram of cannabis into the country. Execution is used as a deterrent, many have called upon much more effective measures to be taken by countries to tackle drug trafficking; the countries of drug production and transit are some of the most affected by the drug trade, though countries receiving the illegally imported substances are adversely affected. For example, Ecuador has absorbed up to 300,000 refugees from Colombia who are running from guerrillas and drug lords. While some applied for asylum, others are still illegal immigrants; the drugs that pass from Colombia through Ecuador to other parts of South America create economic and social problems. Honduras, through which an estimated 79% of cocaine passes on its way to the United States, has the highest murder rate in the world. According to the International Crisis Group, the most violent regions in Central America along the Guatemala–Honduras border, are correlated with an abundance of drug trafficking activity.
In many countries worldwide, the illegal drug trade is thought to be directly linked to violent crimes such as murder. This is true in all developing countries, such as Honduras, but is an issue for many developed countries worldwide. In the late 1990s in the United States the Federal Bureau of Investigation estimated that 5% of murders were drug-related. In Colombia, Drug violence can be caused by factors such as, the economy, poor governments, no authority within the law enforcement. After a crackdown by US and Mexican authorities in the first decade of the 21st century as part of tightened border security in the wake of the September 11 attacks, border violence inside Mexico surged; the Mexican government estimates. A report by the UK government's Drug Strategy Unit, leaked to the press, stated that due to the expensive price of addictive drugs heroin and coc
United States Congress
The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of the Senate; the Congress meets in the United States Capitol in Washington, D. C.. Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Congress has 535 voting members: 100 senators; the House of Representatives has six non-voting members representing Puerto Rico, American Samoa, the Northern Mariana Islands, the U. S. Virgin Islands, the District of Columbia in addition to its 435 voting members. Although they cannot vote in the full house, these members can address the house and vote in congressional committees, introduce legislation; the members of the House of Representatives serve two-year terms representing the people of a single constituency, known as a "district". Congressional districts are apportioned to states by population using the United States Census results, provided that each state has at least one congressional representative.
Each state, regardless of population or size, has two senators. There are 100 senators representing the 50 states; each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years one-third of the Senate is up for election. To be eligible for election, a candidate must be aged at least 25 or 30, have been a citizen of the United States for seven or nine years, be an inhabitant of the state which they represent; the Congress was created by the Constitution of the United States and first met in 1789, replacing in its legislative function the Congress of the Confederation. Although not mandated, in practice since the 19th century, Congress members are affiliated with the Republican Party or with the Democratic Party and only with a third party or independents. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers; the Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills. The House initiates impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office; the term Congress can refer to a particular meeting of the legislature. A Congress covers two years; the Congress ends on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view though legislators achieve the prestige or name recognition of presidents or Supreme Court justices.
One analyst argues that it is not a reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses, it reflects our regional idiosyncrasies, our ethnic and racial diversity, our multitude of professions, our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body... Congress is charged with reconciling our many points of view on the great public policy issues of the day. Congress is changing and is in flux. In recent times, the American south and west have gained House seats according to demographic changes recorded by the census and includes more minorities and women although both groups are still underrepresented. While power balances among the different parts of government continue to change, the internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties, civic associations, interest groups, the mass media.
The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a state's at-large representation to the federal government by senators. Most incumbents seek re-election, their historical likelihood of winning subsequent elections exceeds 90 percent; the historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, a part of the National Archives and Records Administration. Congress is directly responsible for the governing of the District of Columbia, the current seat of the federal government; the First Continental Congress was a gathering of representatives from twelve of the thirteen British Colonies in North America. On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence, referring to the new nation as the "United States of America"; the Articles of Confederation in 1781 created the Congress of the Confederation, a
Petition for review
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review and make changes to the judgment of a lower court or administrative body. If a jurisdiction utilizes petitions for review parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. In the federal judiciary of the United States, the term "petition for review" is used to describe petitions that seek review of federal agency orders or actions. In jurisdictions that utilize petitions for review, parties may file a petition in an appellate tribunal that asks the appellate tribunal to determine whether the previous court or tribunal reached the correct outcome. In some jurisdictions, appellate tribunals will not rule on issues that are not raised in petitions for review; some courts prohibit parties from filing other motions when they file petitions for review. Because U. S. habeas corpus law requires petitioners for writs of habeas corpus to have exhausted state court remedies if they were convicted in a state court, habeas petitioners must first file a petition for review in the highest court in the state in which they were convicted, raise all applicable issues, before filing a petition for writ of habeas corpus in federal court.
However, in some cases, appellants may pursue issues on appeal by filing both a petition for review as well as a petition for writ of habeas corpus. In the common law tradition, only the Court of Chancery had the power to grant prerogative writs that directed inferior tribunals to send a record of proceedings to a higher court for review. Beginning in the sixteenth century, the Court of King's Bench gained the power to issue prerogative writs. Over time, the power to grant certiorari became the power to grant an order as "a means of controlling inferior courts and persons and bodies having authority to determine issues affecting the rights of individuals". However, writs of certiorari are traditionally only used when "the inferior body has acted without jurisdiction or determined an issue wrongly in law, but not on the ground that it had misconceived a point of law if it had jurisdiction and the proceedings are ex facie regular, nor on the ground that its decision is wrong in fact". In England, the Administrative Court now issues "quashing orders" rather than writs of certiorari.
In the United States, the nation's Supreme Court grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". However, some state courts in the United States require parties seeking appellate review to submit petitions for review, instead of petitions for certiorari, where the appellate tribunal grants an order that allows for review of the inferior tribunal's decision. In the United States, parties may seek review or enforcement of a federal agency order by filing a petition for review in any U. S. court of appeals having jurisdiction. The term "enjoin" in law inherently and indisputably includes the following: review, suspend, modify, enforce, etc. For example, in 8 U. S. C. § 1252 Congress is saying this: "no court shall the removal of any alien pursuant to a final order under this section unless the alien shows by clear and convincing evidence that the entry or execution of such order is prohibited as a matter of law." Every contrary opinion leads to absurdity and "deprivation of rights under color of law,", a federal crime.
"When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, does so with the backing of its full coercive powers." In this regard, rules 15 and 26 of the Federal Rules of Appellate Procedure expressly state the following:Review of an agency order is commenced by filing, within the time prescribed by law, a petition for review with the clerk of a court of appeals authorized to review the agency order. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires, but the court may not extend the time to file: a notice of appeal or a petition for permission to appeal. By containing the word "may" only, the above quoted provision becomes purely discretionary and not mandatory; when a party submits a petition for review, the petitioner "must either identify in record evidence sufficient to support its standing to seek review or, if there is none because standing was not an issue before the agency, submit additional evidence to the court of appeals."
Once one party has filed a petition for review, another party may file a cross petition for review, which seeks review of some or all of the issues decided. The reviewing court may, inter alia, vacate the agency's judgment, it may reject the agency's opinion or reverse its judgment and remand the case for "further action or explanation," or it may dismiss the petition for review on jurisdictional ground. But under no circumstances can a court deprive a party of rights an American and is litigating pro se in removal proceedings. Filing deadlines do not apply to said individuals if § § 1252 are invoked. Appellate procedure in the United States Civil procedure List of legal topics Petition for review under the European