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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U. S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors, it has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction; the court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.
According to federal statute, the court consists of the Chief Justice of the United States and eight associate justices, all of whom are nominated by the President and confirmed by the Senate. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office; each justice has a single vote in deciding. When the chief justice is in the majority, he decides. In modern discourse, justices are categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. While a far greater number of cases in recent history have been decided unanimously, decisions in cases of the highest profile have come down to just one single vote, exemplifying the justices' alignment according to these categories; the Court meets in the Supreme Court Building in Washington, D. C, its law enforcement arm is the Supreme Court of the United States Police. It was while debating the division of powers between the legislative and executive departments that delegates to the 1787 Constitutional Convention established the parameters for the national judiciary.
Creating a "third branch" of government was a novel idea. Early on, some delegates argued that national laws could be enforced by state courts, while others, including James Madison, advocated for a national judicial authority consisting of various tribunals chosen by the national legislature, it was proposed that the judiciary should have a role in checking the executive power to veto or revise laws. In the end, the Framers compromised by sketching only a general outline of the judiciary, vesting federal judicial power in "one supreme Court, in such inferior Courts as the Congress may from time to time ordain and establish", they delineated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Template:Judicial branch as a whole. The 1st United States Congress provided the detailed organization of a federal judiciary through the Judiciary Act of 1789; the Supreme Court, the country's highest judicial tribunal, was to sit in the nation's Capital and would be composed of a chief justice and five associate justices.
The act divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold circuit court twice a year in their assigned judicial district. After signing the act into law, President George Washington nominated the following people to serve on the court: John Jay for chief justice and John Rutledge, William Cushing, Robert H. Harrison, James Wilson, John Blair Jr. as associate justices. All six were confirmed by the Senate on September 26, 1789. Harrison, declined to serve. In his place, Washington nominated James Iredell; the Supreme Court held its inaugural session from February 2 through February 10, 1790, at the Royal Exchange in New York City the U. S. capital. A second session was held there in August 1790; the earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. When the national capital moved to Philadelphia in 1790, the Supreme Court did so as well.
After meeting at Independence Hall, the Court established its chambers at City Hall. Under Chief Justices Jay and Ellsworth, the Court heard few cases; as the Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789; the court lacked a home of its own and had little prestige, a situation not helped by the era's highest-profile case, Chisholm v. Georgia, reversed within two years by the adoption of the Eleventh Amendment; the court's power and prestige grew during the Marshall Court. Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states; the Marshall Court ended the practice of each justice issuin
Stephen Gerald Breyer is an Associate Justice of the Supreme Court of the United States. A lawyer by occupation, he became a professor and jurist before President Bill Clinton appointed him to the Supreme Court in 1994. After a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well known as a law professor and lecturer at Harvard Law School, starting in 1967. There he specialized in administrative law, writing a number of influential textbooks that remain in use today, he held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust and assistant special prosecutor on the Watergate Special Prosecution Force in 1973. He served on the First Circuit Court of Appeals from 1980 to 1994. In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues in a manner that encourages popular participation in governmental decisions.
Breyer was born in San Francisco, the son of Anne A. and Irving Gerald Breyer, raised in a middle-class Jewish family. Irving Breyer was legal counsel for the San Francisco Board of Education. Both Breyer and his younger brother, a federal district judge, are Eagle Scouts of San Francisco's Troop 14. Breyer's paternal great-grandfather emigrated from Romania to the United States, settling in Cleveland, where Breyer's grandfather was born. In 1955, Breyer graduated from Lowell High School. At Lowell, he was a member of the Lowell Forensic Society and debated in high school tournaments, including against future California governor Jerry Brown and future Harvard Law School professor Laurence Tribe. Breyer received a Bachelor of Arts degree in Philosophy from Stanford University, a Bachelor of Arts from Magdalen College, Oxford in PPE as a Marshall Scholar, a Bachelor of Laws from Harvard Law School, he is fluent in French. In 1967, he married Joanna Freda Hare, a psychologist and member of the British aristocracy, as the youngest daughter of John Hare, 1st Viscount Blakenham.
The Breyers have three adult children: an Episcopal priest and author of The Close. Breyer served as a law clerk to Associate Justice Arthur Goldberg during the 1964 term, served as a fact-checker for the Warren Commission, he was a special assistant to the United States Assistant Attorney General for Antitrust from 1965 to 1967 and an assistant special prosecutor on the Watergate Special Prosecution Force in 1973. Breyer was a special counsel to the U. S. Senate Committee on the Judiciary from 1974 to 1975 and served as chief counsel of the committee from 1979 to 1980, he worked with the chairman of the committee, Senator Edward M. Kennedy, to pass the Airline Deregulation Act that closed the Civil Aeronautics Board. Breyer was a lecturer, assistant professor, law professor at Harvard Law School starting in 1967, he taught there until 1994 serving as a professor at Harvard's Kennedy School of Government from 1977 to 1980. At Harvard, Breyer was known as a leading expert on administrative law.
While there, he wrote two influential books on deregulation: Breaking the Vicious Circle: Toward Effective Risk Regulation and Regulation and Its Reform. In 1970, Breyer wrote "The Uneasy Case for Copyright", one of the most cited skeptical examinations of copyright. Breyer was a visiting professor at the College of Law in Sydney, the University of Rome, the Tulane University Law School. From 1980 to 1994, Breyer was a judge on the United States Court of Appeals for the First Circuit. In the last days of President Jimmy Carter's administration, on November 13, 1980, Carter nominated Breyer to the First Circuit, to a new seat established by 92 Stat. 1629, the United States Senate confirmed him on December 9, 1980, by an 80–10 vote. He received his commission on December 10, 1980, he served as Chief Judge from 1990 to 1994. He served as a member of the Judicial Conference of the United States between 1990 and 1994 and the United States Sentencing Commission between 1985 and 1989. On the sentencing commission, Breyer played a key role in reforming federal criminal sentencing procedures, producing the Federal Sentencing Guidelines, which were formulated to increase uniformity in sentencing.
His service on the First Circuit terminated on August 2, 1994, due to his elevation to the Supreme Court. In 1993, President Bill Clinton considered him for the seat vacated by Byron White that went to Justice Ruth Bader Ginsburg. Breyer's appointment came shortly thereafter, following the retirement of Harry Blackmun in 1994, when Clinton nominated Breyer as an Associate Justice of the Supreme Court on May 17, 1994. Breyer was confirmed by the Senate on July 29, 1994, by an 87 to 9 vote, received his commission on August 3, he was the second-longest-serving junior justice in the history of the Court, close to surpassing the record set by Justice Joseph Story of 4,228 days. Breyer's pragmatic approach to the law "will tend to make the law more sensible". In 2006, Breyer said that in assessing a law's constitutionality, while some of his colleagues "emphasize language, a more literal reading of the text and tradition", he looks more to the "purpose a
Anthony McLeod Kennedy is an American lawyer and jurist who served as the 93rd Associate Justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two previous attempts at nominating a successor to Associate Justice Lewis F. Powell Jr. President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Kennedy became the most senior Associate Justice of the Court following the death of Antonin Scalia in February 2016 until his transition to senior status in July 2018.
Kennedy retired during the administration of President Donald Trump and was succeeded by his former law clerk Brett Kavanaugh. He authored the majority opinion in several important cases, including Boumediene v. Bush and Citizens United v. FEC. Kennedy wrote in part the majority opinions in Planned Parenthood v. Casey, he is known for his majority opinions in each of the Court's landmark gay rights cases: Romer v. Evans, Lawrence v. Texas, United States v. Windsor, Obergefell v. Hodges. Kennedy was raised in an Irish Catholic family in Sacramento, California, he was the son of Anthony J. Kennedy, an attorney with a reputation for influence in the California legislature, Gladys, who participated in many local civic activities; as a boy, Kennedy came into contact with prominent politicians of the day, such as California Governor and U. S. Chief Justice Earl Warren, he served as a page in the California State Senate as a young man. Kennedy attended C. K. McClatchy High School where he was an honors student and graduated in 1954.
Following in his mother's footsteps, Kennedy enrolled at Stanford University where he developed an interest with constitutional law. Kennedy graduated with a Bachelor of Arts in political science in 1958, after spending his senior year at the London School of Economics, he attended Harvard Law School where he graduated with a Bachelor of Laws cum laude in 1961. Kennedy was in private practice in San Francisco from 1961 to 1963. In 1963, following his father's death, he took over his father's Sacramento practice, which he operated until 1975. From 1965 to 1988, he was a Professor of Constitutional Law at McGeorge School of Law, at the University of the Pacific, he continues to teach law students at seminars during McGeorge's European summer sessions in Salzburg, Austria. He remains Pacific McGeorge's longest-serving active faculty member. During Kennedy's time as a California law professor and attorney, he helped California Governor Ronald Reagan draft a state tax proposal. Kennedy has served in numerous positions during his career, including the California Army National Guard in 1961 and the board of the Federal Judicial Center from 1987 to 1988.
He served on two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities from 1979 to 1987, the Committee on Pacific Territories from 1979 to 1990, which he chaired from 1982 to 1990. On March 3, 1975, upon Reagan's recommendation, President Gerald Ford nominated Kennedy to the seat on the United States Court of Appeals for the Ninth Circuit, vacated by Charles Merton Merrill. Kennedy was unanimously confirmed by the U. S. Senate on March 20 and received his commission on March 24, 1975. On November 11, 1987, President Reagan nominated Kennedy to the Supreme Court seat vacated by Lewis F. Powell Jr. who announced his retirement in late June. Kennedy's nomination followed Reagan's failure to appoint Robert Bork, nominated in July but rejected by the Senate on October 23, or Douglas Ginsburg, who withdrew his name from consideration on November 7 after admitting to marijuana use. Kennedy was subjected to an unprecedentedly thorough investigation of his background, which he passed.
In a Ninth Circuit dissent that Kennedy wrote before joining the Supreme Court, he criticized police for bribing a child into showing them where the child's mother hid drugs. Considering such conduct offensive and destructive of the family, Kennedy wrote that "indifference to personal liberty is but the precursor of the state's hostility to it." Kennedy wrote an article the year before, about judicial restraint, the following excerpt from it was read aloud at his confirmation hearing: One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution; the Due Process Clause is not a guarantee of every right. Many argue. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision—wrong in the sense that it violates some people's views of rights in a just society. We can extend that to say that Georgia's right to be wrong in matters not controlled by the Constitution is a necessary component of its own political processes.
Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process. K
International Standard Serial Number
An International Standard Serial Number is an eight-digit serial number used to uniquely identify a serial publication, such as a magazine. The ISSN is helpful in distinguishing between serials with the same title. ISSN are used in ordering, interlibrary loans, other practices in connection with serial literature; the ISSN system was first drafted as an International Organization for Standardization international standard in 1971 and published as ISO 3297 in 1975. ISO subcommittee TC 46/SC 9 is responsible for maintaining the standard; when a serial with the same content is published in more than one media type, a different ISSN is assigned to each media type. For example, many serials are published both in electronic media; the ISSN system refers to these types as electronic ISSN, respectively. Conversely, as defined in ISO 3297:2007, every serial in the ISSN system is assigned a linking ISSN the same as the ISSN assigned to the serial in its first published medium, which links together all ISSNs assigned to the serial in every medium.
The format of the ISSN is an eight digit code, divided by a hyphen into two four-digit numbers. As an integer number, it can be represented by the first seven digits; the last code digit, which may be 0-9 or an X, is a check digit. Formally, the general form of the ISSN code can be expressed as follows: NNNN-NNNC where N is in the set, a digit character, C is in; the ISSN of the journal Hearing Research, for example, is 0378-5955, where the final 5 is the check digit, C=5. To calculate the check digit, the following algorithm may be used: Calculate the sum of the first seven digits of the ISSN multiplied by its position in the number, counting from the right—that is, 8, 7, 6, 5, 4, 3, 2, respectively: 0 ⋅ 8 + 3 ⋅ 7 + 7 ⋅ 6 + 8 ⋅ 5 + 5 ⋅ 4 + 9 ⋅ 3 + 5 ⋅ 2 = 0 + 21 + 42 + 40 + 20 + 27 + 10 = 160 The modulus 11 of this sum is calculated. For calculations, an upper case X in the check digit position indicates a check digit of 10. To confirm the check digit, calculate the sum of all eight digits of the ISSN multiplied by its position in the number, counting from the right.
The modulus 11 of the sum must be 0. There is an online ISSN checker. ISSN codes are assigned by a network of ISSN National Centres located at national libraries and coordinated by the ISSN International Centre based in Paris; the International Centre is an intergovernmental organization created in 1974 through an agreement between UNESCO and the French government. The International Centre maintains a database of all ISSNs assigned worldwide, the ISDS Register otherwise known as the ISSN Register. At the end of 2016, the ISSN Register contained records for 1,943,572 items. ISSN and ISBN codes are similar in concept. An ISBN might be assigned for particular issues of a serial, in addition to the ISSN code for the serial as a whole. An ISSN, unlike the ISBN code, is an anonymous identifier associated with a serial title, containing no information as to the publisher or its location. For this reason a new ISSN is assigned to a serial each time it undergoes a major title change. Since the ISSN applies to an entire serial a new identifier, the Serial Item and Contribution Identifier, was built on top of it to allow references to specific volumes, articles, or other identifiable components.
Separate ISSNs are needed for serials in different media. Thus, the print and electronic media versions of a serial need separate ISSNs. A CD-ROM version and a web version of a serial require different ISSNs since two different media are involved. However, the same ISSN can be used for different file formats of the same online serial; this "media-oriented identification" of serials made sense in the 1970s. In the 1990s and onward, with personal computers, better screens, the Web, it makes sense to consider only content, independent of media; this "content-oriented identification" of serials was a repressed demand during a decade, but no ISSN update or initiative occurred. A natural extension for ISSN, the unique-identification of the articles in the serials, was the main demand application. An alternative serials' contents model arrived with the indecs Content Model and its application, the digital object identifier, as ISSN-independent initiative, consolidated in the 2000s. Only in 2007, ISSN-L was defined in the