In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon and his governors served as the highest appellate courts of the land. Ancient Roman law employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate. During this time, the Shogunate established hikitsuke, a high appellate court to aid the state in adjudicating lawsuits. In the Eighteenth century, William Blackstone observed in his Commentaries on the Laws of England that appeals existed as a form of error correction in the common law during the reign of Edward III of England.
Although some scholars argue that "the right to appeal is itself a substantive liberty interest", the notion of a right to appeal is a recent advent in common law jurisdictions. In fact, commentators have observed that common law jurisdictions were "slow to incorporate a right to appeal into either its civil or criminal jurisprudence". For example, the United States first created a system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases. Two years the right to appeals was extended to other criminal cases, the United States Courts of Appeals were established to review decisions from district courts; some states, such as Minnesota, still do not formally recognize a right to criminal appeals. Although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems is that appellate courts review questions of law de novo, but appellate courts do not conduct independent fact-finding.
Instead, appellate courts will defer to the record established by the trial court, unless some error occurred during the fact-finding process. Many jurisdictions provide a statutory or constitutional right for litigants to appeal adverse decisions. However, most jurisdictions recognize that this right may be waived. In the United States, for example, litigants may waive the right to appeal, as long as the waiver is "considered and intelligent"; the appellate process begins when an appellate court grants a party's petition for review or petition for certiorari. Unlike trials, appeals are presented to a judge, or a panel of judges, rather than a jury. Before making any formal argument, parties will submit legal briefs in which the parties present their arguments. Appellate courts may grant permission for an amicus curiae to submit a brief in support of a particular party or position. After submitting briefs, parties have the opportunity to present an oral argument to a judge or panel of judges. During oral arguments, judges ask question to attorneys to challenge their arguments or to advance their own legal theories.
After deliberating in chambers, appellate courts will issue formal opinions that resolve the legal issues presented for review. When considering cases on appeal, appellate courts affirm, reverse, or vacate the decision of a lower court; some courts maintain a dual function, where they consider both appeals as well as matters of "first instance". For example, the Supreme Court of the United States hears cases on appeal but retains original jurisdiction over a limited range of cases; some jurisdictions maintain a system of intermediate appellate courts, which are subject to the review of higher appellate courts. The highest appellate court in a jurisdiction is sometimes referred to as a "court of last resort". Civil procedure List of legal topics Judicial review Appellate procedure in the United States Scope of review
The United States of America known as the United States or America, is a country composed of 50 states, a federal district, five major self-governing territories, various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U. S. is the third most populous country. The capital is Washington, D. C. and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico; the State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean; the U. S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The diverse geography and wildlife of the United States make it one of the world's 17 megadiverse countries.
Paleo-Indians migrated from Siberia to the North American mainland at least 12,000 years ago. European colonization began in the 16th century; the United States emerged from the thirteen British colonies established along the East Coast. Numerous disputes between Great Britain and the colonies following the French and Indian War led to the American Revolution, which began in 1775, the subsequent Declaration of Independence in 1776; the war ended in 1783 with the United States becoming the first country to gain independence from a European power. The current constitution was adopted in 1788, with the first ten amendments, collectively named the Bill of Rights, being ratified in 1791 to guarantee many fundamental civil liberties; the United States embarked on a vigorous expansion across North America throughout the 19th century, acquiring new territories, displacing Native American tribes, admitting new states until it spanned the continent by 1848. During the second half of the 19th century, the Civil War led to the abolition of slavery.
By the end of the century, the United States had extended into the Pacific Ocean, its economy, driven in large part by the Industrial Revolution, began to soar. The Spanish–American War and World War I confirmed the country's status as a global military power; the United States emerged from World War II as a global superpower, the first country to develop nuclear weapons, the only country to use them in warfare, a permanent member of the United Nations Security Council. Sweeping civil rights legislation, notably the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair Housing Act of 1968, outlawed discrimination based on race or color. During the Cold War, the United States and the Soviet Union competed in the Space Race, culminating with the 1969 U. S. Moon landing; the end of the Cold War and the collapse of the Soviet Union in 1991 left the United States as the world's sole superpower. The United States is the world's oldest surviving federation, it is a representative democracy.
The United States is a founding member of the United Nations, World Bank, International Monetary Fund, Organization of American States, other international organizations. The United States is a developed country, with the world's largest economy by nominal GDP and second-largest economy by PPP, accounting for a quarter of global GDP; the U. S. economy is post-industrial, characterized by the dominance of services and knowledge-based activities, although the manufacturing sector remains the second-largest in the world. The United States is the world's largest importer and the second largest exporter of goods, by value. Although its population is only 4.3% of the world total, the U. S. holds 31% of the total wealth in the world, the largest share of global wealth concentrated in a single country. Despite wide income and wealth disparities, the United States continues to rank high in measures of socioeconomic performance, including average wage, human development, per capita GDP, worker productivity.
The United States is the foremost military power in the world, making up a third of global military spending, is a leading political and scientific force internationally. In 1507, the German cartographer Martin Waldseemüller produced a world map on which he named the lands of the Western Hemisphere America in honor of the Italian explorer and cartographer Amerigo Vespucci; the first documentary evidence of the phrase "United States of America" is from a letter dated January 2, 1776, written by Stephen Moylan, Esq. to George Washington's aide-de-camp and Muster-Master General of the Continental Army, Lt. Col. Joseph Reed. Moylan expressed his wish to go "with full and ample powers from the United States of America to Spain" to seek assistance in the revolutionary war effort; the first known publication of the phrase "United States of America" was in an anonymous essay in The Virginia Gazette newspaper in Williamsburg, Virginia, on April 6, 1776. The second draft of the Articles of Confederation, prepared by John Dickinson and completed by June 17, 1776, at the latest, declared "The name of this Confederation shall be the'United States of America'".
The final version of the Articles sent to the states for ratification in late 1777 contains the sentence "The Stile of this Confederacy shall be'The United States of America'". In June 1776, Thomas Jefferson wrote the phrase "UNITED STATES OF AMERICA" in all capitalized letters in the headline of his "original Rough draught" of the Declaration of Independence; this draft of the document did not surface unti
Joseph Paul Franklin
Joseph Paul Franklin was an American white supremacist serial killer who engaged in a murder spree spanning the late 1970s and early 1980s. Franklin was convicted of several murders and received six life sentences, as well as the death sentence, he confessed to the attempted murders of magazine publisher Larry Flynt in 1978 and civil rights activist Vernon Jordan in 1980. Both survived their injuries. Franklin was not convicted in either of those cases; because he changed his accounts of some crimes, was not charged in some cases in which he was suspected, officials cannot determine the full extent of Franklin's crimes. His claims of racial motivation were offset by a defense expert witness who testified in 1997 that Franklin had paranoid schizophrenia and was not fit to stand trial. Franklin was on Missouri's death row for 15 years awaiting execution for the 1977 murder of Gerald Gordon, he was executed by lethal injection on November 20, 2013. James Clayton Vaughn Jr. was born in Mobile, Alabama, on April 13, 1950, the eldest son of James Clayton Vaughn Sr. and Helen Rau Vaughn, brother to Carolyn and Gordon.
Vaughn's father was an epileptic World War II veteran and butcher who left the family when Vaughn was aged eight. His sister Carolyn recalled, "Whenever came to visit he'd beat us," and their mother had Vaughn Sr. jailed twice for public drunkenness. Vaughn's mother was described by a family friend as "a full-blooded German, a real strict, perfectionist lady. I never saw her beat any of, but they told me stories." Vaughn stated that he was given enough to eat and suffered severe physical abuse as a child, that his mother "didn't care about ". He claimed that these factors stunted his emotional development, said he had "always been least ten years or more behind other people in their maturity."As early as high school, Vaughn developed an interest in evangelical Christianity in Nazism, held memberships in both the National Socialist White People's Party and the Ku Klux Klan. He changed his name to "Joseph Paul Franklin" in honor of Paul Joseph Goebbels and Benjamin Franklin. In the 1960s, Franklin was inspired to start a race war after reading Adolf Hitler's Mein Kampf.
"I've never felt that way about any other book that I read," he would reflect later. "It was something weird about that book." For much of his life, Franklin was a drifter, roaming up and down the East Coast looking for chances to "cleanse the world" of people he considered inferior blacks and Jews. His primary source of financial support appears to have come from bank robberies. Franklin supplemented his income from such criminal acts with paid blood bank donations, which led to his subsequent capture by the FBI. July 29, 1977: Franklin firebombed Beth Shalom Synagogue in Chattanooga, Tennessee destroying it. Loss of life was prevented only because there were not enough worshipers that evening for a minyan and they left early. August 7, 1977: Franklin shot a young interracial couple, Alphonse Manning Jr. and Toni Schwenn, in a parking lot at East Towne Mall in Madison, Wisconsin. October 8, 1977: in suburban St. Louis, Franklin hid in the bushes near Brith Sholom Kneseth Israel synagogue and fired on a group attending services.
In this incident, Franklin killed 42-year-old Gerald Gordon. He wounded Steven Goldman and William Ash. March 6, 1978: Franklin claimed he used a Ruger.44 caliber semi-automatic rifle to ambush Hustler publisher Larry Flynt and his lawyer Gene Reeves in Lawrenceville, Georgia. In his confession, Franklin said this was in retaliation for an edition of Hustler displaying interracial sex. July 29, 1978: Franklin hid near a Pizza Hut in Chattanooga and shot and killed Bryant Tatum, a black man, with a 12-gauge shotgun. Franklin confessed and pleaded guilty, being given a life sentence, as well as a sentence for an unrelated armed robbery in 1977. July 12, 1979: Taco Bell manager Harold McIver, a black man, was fatally shot through a window from 150 yards in Doraville, Georgia. Franklin was not tried or sentenced for this crime. Franklin said that McIver was in close contact with white women, so he murdered him. May 29, 1980: Franklin shot and wounded civil rights activist and Urban League president Vernon Jordan after seeing him with a white woman in Fort Wayne, Indiana.
Franklin denied any part in the crime and was acquitted, but confessed. June 8, 1980: Franklin confessed to killing cousins Darrell Lane and Dante Evans Brown in Cincinnati, Ohio. Waiting on an overpass to shoot a racially mixed couple, he shot the boys instead, he received two life sentences for these murders. June 15, 1980: Franklin shot and killed Arthur Smothers and Kathleen Mikula with a high-powered rifle as the couple walked across the Washington Street Bridge in Johnstown, Pennsylvania. Smothers was black. On the day of the murder, Franklin took a concealed position on a wooded hillside overlooking downtown Johnstown and waited for potential targets to enter his line of sight, he was never arrested for these murders, but he confessed to them during a jailhouse interview after he was apprehended. June 25, 1980: Franklin used a.44 Ruger pistol to kill two hitchhikers, Nancy Santomero and Vicki Durian, in Pocahontas County, West Virginia. He confessed to the crime in 1997 to an Ohio assistant prosecutor in the course of investigation in another case.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent in common law jurisdictions. Private individuals can create binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process; the formation of laws themselves may be influenced by a constitution, written or tacit, the rights encoded therein. The law shapes politics, economics and society in various ways and serves as a mediator of relations between people. A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, common law systems, where judge-made precedent is accepted as binding law.
Religious laws played a significant role in settling of secular matters, is still used in some religious communities. Islamic Sharia law is the world's most used religious law, is used as the primary legal system in some countries, such as Iran and Saudi Arabia; the adjudication of the law is divided into two main areas. Criminal law deals with conduct, considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits between individuals and/or organizations. Law provides a source of scholarly inquiry into legal history, economic analysis and sociology. Law raises important and complex issues concerning equality and justice. Numerous definitions of law have been put forward over the centuries; the Third New International Dictionary from Merriam-Webster defines law as: "Law is a binding custom or practice of a community. The Dictionary of the History of Ideas published by Scribner's in 1973 defined the concept of law accordingly as: "A legal system is the most explicit, institutionalized, complex mode of regulating human conduct.
At the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are of great importance." There have been several attempts to produce "a universally acceptable definition of law". In 1972, one source indicated. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used, he said that, for example, "early customary law" and "municipal law" were contexts where the word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is equally obvious that the struggle to define that word should not be abandoned, it is possible to take the view that there is no need to define the word "law". The history of law links to the development of civilization. Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code, broken into twelve books.
It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English, Italian and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society; the small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and the slave class. However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law, human decree and custom.
Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Roman law was influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were sophisticated. Over the centuries between the rise and decline of the Roman Empire, law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I. Although codes were replaced by custom and case law during the Dark Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts. Latin legal maxims were compiled for guidance. In medieval England, royal
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
Capital punishment known as the death penalty, is a government-sanctioned practice whereby a person is killed by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution. Crimes that are punishable by death are known as capital crimes or capital offences, they include offences such as murder, mass murder, treason, offenses against the State, such as attempting to overthrow government, drug trafficking, war crimes, crimes against humanity and genocide, but may include a wide range of offences depending on a country. Etymologically, the term capital in this context alluded to execution by beheading. Fifty-six countries retain capital punishment, 106 countries have abolished it de jure for all crimes, eight have abolished it for ordinary crimes, 28 are abolitionist in practice. Capital punishment is a matter of active controversy in several countries and states, positions can vary within a single political ideology or cultural region.
In the European Union, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. The Council of Europe, which has 47 member states, has sought to abolish the use of the death penalty by its members through Protocol 13 of the European Convention on Human Rights. However, this only affects those member states which have signed and ratified it, they do not include Armenia and Azerbaijan; the United Nations General Assembly has adopted, in 2007, 2008, 2010, 2012 and 2014, non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition. Although most nations have abolished capital punishment, over 60% of the world's population live in countries where the death penalty is retained, such as China, the United States, Pakistan, Nigeria, Egypt, Saudi Arabia, among all Islamic countries, as is maintained in Japan, South Korea and Sri Lanka. China is believed to execute more people than all other countries combined.
Execution of criminals and dissidents has been used by nearly all societies since the beginning of civilizations on Earth. Until the nineteenth century, without developed prison systems, there was no workable alternative to insure deterrence and incapacitation of criminals. In pre-modern times the executions themselves involved torture with cruel and painful methods, such as the breaking wheel, sawing, hanging and quartering, brazen bull, burning at the stake, slow slicing, boiling alive, schwedentrunk, blood eagle, scaphism; the use of formal execution extends to the beginning of recorded history. Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishment for wrongdoing included compensation by the wrongdoer, corporal punishment, shunning and execution. Compensation and shunning were enough as a form of justice; the response to crimes committed by neighbouring tribes, clans or communities included a formal apology, blood feuds, tribal warfare.
A blood feud or vendetta occurs when arbitration between families or tribes fails or an arbitration system is non-existent. This form of justice was common before the emergence of an arbitration system based on state or organized religion, it may result from land disputes or a code of honour. "Acts of retaliation underscore the ability of the social collective to defend itself and demonstrate to enemies that injury to property, rights, or the person will not go unpunished." However, in practice, it is difficult to distinguish between a war of vendetta and one of conquest. In most countries that practise capital punishment, it is now reserved for murder, war crimes, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery, incest and bestiality carry the death penalty, as do religious crimes such as Hudud and Qisas crimes, such as apostasy, moharebeh, Fasad, Mofsed-e-filarz and witchcraft. In many countries that use the death penalty, drug trafficking is a capital offence.
In China, human trafficking and serious cases of corruption and financial crimes are punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offences such as cowardice, desertion and mutiny. Elaborations of tribal arbitration of feuds included peace settlements done in a religious context and compensation system. Compensation was based on the principle of substitution which might include material compensation, exchange of brides or grooms, or payment of the blood debt. Settlement rules could allow for animal blood to replace human blood, or transfers of property or blood money or in some case an offer of a person for execution; the person offered for execution did not have to be an original perpetrator of the crime because the social system was based on tribes and clans, not individuals. Blood feuds could be regulated at meetings, such as the Norsemen things. Systems deriving from blood feuds may survive alongside more advanced legal systems or be given recognition by courts.
One of the more modern refinements of the blood feud is the duel. In certain parts of the world, n