criminal law marshall court marshall court heard criminal law cases slightly year cases united_states united_states united_states hudson virginia united_states worcester georgia united_states wilson marshall tenure supreme_court general jurisdiction criminal cases court review criminal convictions state courts lower federal courts error twice court hear original petitions authority grant writ post conviction sentence completed majority marshall court opinions criminal law issued response questions certified divided panels circuit courts certificate division marshall court criminal opinions involved defining elements federal crimes criminal statutes considered court period involved crimes insurance fraud piracy slave trading court twice authority define common law crimes congressional statute marshall court issued important opinions criminal procedure court explicitly cite quote constitutional provisions opinions remain influential interpreting double jeopardy clause fifth amendment venue provision article court laid common law rules evidence federal courts including exception party best evidence rule background articles confederation general federal courts crimes articles authorized federal court punish committed high seas congress confederation created court appeals prize cases congress soon power states creating additional crimes congress merely recommended states acts like piracy criminal law considered framing constitution addition criminal procedure provisions article constitutional convention discussed piracy crimes law nations treason alexander hamilton noted defect confederation total want laws united_states composed powers exact obedience punish resolutions statutes passed congress judiciary act divided original jurisdiction trial federal crimes district courts circuit courts district courts given jurisdiction federal crimes punishment exceeding thirty stripes fine exceeding dollars term imprisonment exceeding months inflicted circuit courts given concurrent jurisdiction crimes exclusive jurisdiction federal crimes circuit courts exercised jurisdiction district courts civil cases capital cases act provided trial shall county offence committed great shall summoned procedural provisions included probably legislators simultaneously considering amendments provide security act placed responsibility federal crimes united_states attorney federal judicial district act provided shall appointed district person learned law act attorney united_states district shall sworn affirmed faithful execution office duty shall prosecute district crimes offences authority united_states act authorized judges justices justices peace issue arrest act provided right bail non capital cases authorized bail capital cases district courts circuit courts supreme_court individual judge issued exercise discretion nature circumstances offence evidence law act create federal prisons provide imprisonment federal prisoners presumably state prisons expense united_states substantive federal crimes period created pieces legislation crimes act authored introduced senator future chief justice oliver crimes act authored justice joseph story introduced representative daniel congress passed variety single subject criminal statutes centrally codified official publication criminal cases brought circuit courts cases brought pennsylvania circuit court concerning whiskey rebellion criminal cases brought federal courts district courts circuit courts combined total criminal returned circuit courts resulted guilty guilty disposition recorded discharged discontinued prison break prior chief justice marshall tenure supreme_court heard criminal cases writ united_states hamilton court granted bail capital defendant charged treason authorized judiciary act judiciary act original writ corpus greater portion decision dedicated court refusal order case tried special circuit court provided judiciary act second united_states lawrence court declined issue writ district judge order arrest french_navy french government argued required convention united_states france error judiciary act authorized supreme_court hear error circuit courts error highest state courts cases involved validity construction federal law judge lower court justice supreme_court sign writ error drafted signed counsel supreme_court hear case signing writ error mere preliminary assessment merits arguments writ circuit courts section judiciary act authorized error circuit courts civil cases district_of_columbia organic act created united_states circuit court district_of_columbia granted jurisdiction crimes committed federal district explicitly limit error circuit court civil cases required controversy court reached merits criminal writ error circuit court united_states discussion issue united_states court held jurisdiction held congress statutory grants jurisdiction court operated exercise congress power exceptions clause eliminating jurisdiction explicitly granted rejected argument criminal error authorized judiciary act act section provided relevant mentioned courts united_states shall power issue specially provided statute necessary exercise respective jurisdictions principles law following court hear error federal criminal trials circuit courts years congress created right appeal writ error capital cases judiciary act act extended right crimes judicial code abolished circuit courts placed original jurisdiction trial federal crime district courts granted general jurisdiction state courts section judiciary act authorized supreme_court hear error state courts cases drawn question treaty statute authority exercised united_states decision validity drawn question validity statute authority exercised state ground constitution treaties laws united_states decision favour validity drawn question construction clause constitution treaty statute commission held united_states decision title right privilege exemption specially set claimed party clause said constitution treaty statute commission twice marshall court hear criminal cases virginia court upheld state lottery law conviction federal lottery authorized district_of_columbia worcester georgia court reversed worcester conviction present country inconsistent federal law section significant source criminal appeals large baltimore held bill rights including criminal procedure provisions viewed state governments continued incorporation bill rights adoption fourteenth amendment original section judiciary act provided relevant mentioned courts united_states shall power issue corpus justices supreme_court shall power grant corpus purpose inquiry cause commitment provided corpus shall case extend prisoners custody colour authority united_states committed trial court necessary brought court testify marshall court heard original cases criminal nature cases involved detention district_of_columbia prior proceedings united_states circuit court district_of_columbia circuit court utilize practice riding circuit certificates division granted cases cases court held jurisdiction issue writ pre conviction situations cases court held jurisdiction issue writ post conviction cases court granted writ corpus case detention justices peace alexandria county issued warrant arrest grounds good fame honest conversation evil peace united_states murder homicide grievances damages citizens united_states concerning bodies property likely arise circuit court initially granted writ corpus posted bail court held warrant commitment illegal want stating good cause certain supported oath dissent johnson indicated wished case members constituted court owe consistency declare court objections issuing writ corpus comment large reasons influenced opinion cause gentleman argued cause confined strictly considerations ought influence decisions court popular observations necessity protecting citizen executive oppression animated address calculated enlist audience defence motion imposed necessity opinion submitted silent decision court granted writ members conspiracy samuel having new_orleans transported charleston baltimore navy vessel notwithstanding corpus issued territorial judge new_orleans district judge united_states circuit court district_of_columbia issued arrest warrant military custody slated case trial denied prisoners bail judge william supreme_court reporter decisions ground probable cause arrest warrant required fourth amendment senate passed house rejected legislation suspended writ months arrests nearly member congress attended oral arguments supreme_court chief justice marshall opinions court addressed issues february marshall held supreme_court jurisdiction issue writ article held restrictive phrase necessary exercise respective jurisdictions applied specially provided statute corpus held applies power courts individual justices issue writ scope writ determined reference common law held original decision lower court deny bail finally reaffirmed holding original constitutional exercise jurisdiction justice johnson johnson stated dissent supported opinion prevented attending scholars divided johnson referred justice chase justice argued applying courts individual judges opposed individual judges judiciary act federal courts power grant corpus state prisoners reconstruction era congress granted federal courts power court denied writ prisoner imprisoned criminal contempt opinion justice story court reasoning reached far court jurisdiction criminal cases laws united_states entertain writ error revise judgment circuit court case party convicted public offence undoubtedly denial authority proceeded great principles public policy convenience party right bring court case judgment passed crime course justice delayed cases totally frustrated court directly revise judgment circuit court criminal case reason suppose intended vest authority indirectly story explained objection court acted jurisdiction judgment law applicable case relief case revision opinion court given course criminal trial asserting right control proceedings conclusive effect law intended application corpus judgment indictment offence jurisdiction circuit court hardly maintained court revise judgment proceedings led set aside discharge prisoner court held writ lie federal criminal conviction indictment failed state offense years later court issue writ detained authorized sentence non payment fine court held detention writ pro fine generally writ ordering imprisonment defendant criminal fine paid held writ civil law analog proceedings circuit court discharged court denied original petition concerning detention holding bail failure appear satisfy criminal indictment prior granting writ corpus bar subsequent arrest warrant certificates division judiciary act united_states circuit courts composed stationary united_states district court judge supreme_court justices riding circuit judge justice disagreed majority prevailed supreme_court justice attend authorized judiciary act division arose district judge supreme_court justice practice hold case term division persisted different circuit riding justice opinion previous circuit rider broke tie following brief soon repealed midnight judges act briefly abolished circuit riding judiciary act circuit courts composed stationary district judge supreme_court justice assigned circuit single judge district judge circuit rider cases judges sat divisions likely resolved continuing case term circuit riding justice barring change membership court accordingly judiciary act provided circuit courts questions law supreme_court judges divided question scholars argued certificates division pro judge justice merely agree disagree writing opposing opinions example circuit court decision leading united_states reporter records district judge concurred opinion matter occurrence important practice court judges divided opinion purpose obtaining decision superior court similarly united_states circuit court opinion notes point taken supreme_court certificate division opinion court chief justice marshall justice story particular known making use certificates division riding circuit example justice marshall divided judges united_states united_states smith united_states united_states turner united_states mills justice story played role united_states united_states united_states united_states holmes justice story opinions court cautioned frequent use certificates division criminal cases united_states court justice story wrote opportunity expressing anxiety great wishes counsel questions sort frequently brought court effect appeal criminal cases ordinary proceeding manifest public justice plain acts congress judiciary act certificates division issue criminal cases section provided imprisonment shall allowed punishment case inflicted judges said court divided opinion question touching said imprisonment punishment statute provided certification point disagreement shall happen justices took liberty question example united_states hudson question certified circuit court united_states common law jurisdiction cases libel question answered circuit courts united_states exercise common law jurisdiction criminal cases united_states court noted deemed scope question certified court murder crimes act defendant indicted question case eligible certificate division united_states daniel court held motion new trial authorized judiciary act subject certificate division division operate rejection motion similarly united_states bailey court held question evidence legally sufficient support offense charged certified certificates division began fall increasingly common circuit courts sit single judge chief justice marshall wrote privilege dividing court defining federal crimes crimes section crimes act enacted federal crimes statute conduct violation state law areas federal jurisdiction section provided offence shall committed fort dock yard navy yard arsenal magazine lighthouse building jurisdiction united_states punishment offence specifically provided law united_states offense shall conviction court united_states having thereof liable receive punishment laws state place situated provide like offence committed body county state united_states paul involving criminal west_point prosecuted new_york statute defining degree court held crimes provision limited state crimes force time federal statute enactment crimes offense explicitly incorporated interpretation paul congress amended crimes act incorporate changes state criminal law occur commission charged conduct supreme_court upheld revision united_states held paul issue decided statutory construction falling doctrine calling narrow construction statute interpreted decision reach issue common law crimes united_states hudson oral argument defendants attorney general william court held indictment common law crime dismissed federal crimes exception contempt court established statute justice johnson court wrote question brought time decided court consider having long settled public opinion case years jurisdiction asserted general legal men shows prevalence opinion favor negative proposition riding circuit massachusetts justice story addition distinguishing hudson admiralty jurisdiction argued hudson hudson having argument majority court hope improper course bring subject review decision question mere ordinary import affects jurisdiction courts united_states jurisdiction diminish shall submit judgment opinion know superior learning ability save public injury error certificate division united_states justices washington addition story indicated willingness depart hudson counsel appeared attorney general richard rush refused argue point hudson reaffirmed according major controversies ended slight battle federal common law crimes decades american republic argues acknowledging hudson court disapproved circuit court cases brushed views justice sat court prior departed arguably original understanding framed constitution penned judiciary act views hudson issue decided public opinion including presidential election hudson set principles guided desert bank created bank united_states congress bills bank read literally statute required bill bill signed president bank united_states united_states oral argument court arrested judgment conviction statute finding statute invalid reasons assigned record time decided congress passed new statute correct apparent drafting error according challenge federal statute process clause fifth amendment considered court later cases court noted possible holdings intended second bank congress passed new statute created second bank united_states united_states turner interpreting new act court held offense committed signatures forged wrong bank officers united_states court held crime applied bills notes war june war congress passed statute prohibiting transportation land wagon cart boat naval military stores arms munitions war article provision place states canada united_states barber court held fat cattle provisions munitions war true intent meaning act united_states decided war ended barber distinguished grounds driving cattle foot transportation meaning act neutrality act neutrality act provided vessel intention employed people peace united_states united_states court decided questions concerning interpretation neutrality act court held elements offense require vessel fitted united_states intention fit vessel port sufficient second court held intention example intention arm vessel sufficient funds obtained insufficient satisfy elements offense court held defendant fixed intention arm vessel leaving united_states frustration intention intermediate port irrelevant fourth court refused distinguish statutory term people concept state false statements united_states bailey upheld indictment false swearing relating claim united_states provided statute officer oath state justice peace justice maritime insurance fraud criminal insurance fraud statute provided person shall high seas cast away burn destroy ship vessel owner direct intent design prejudice person persons shall policy policies insurance merchant merchants shall load goods owner owners ship vessel person persons thereof convicted shall deemed guilty shall suffer death united_states court held federal criminal insurance fraud statute subjected civil insurance fraud claims court held state statute incorporation insurance company required state seal second need prove existence insurance company stock actually party necessary prove policy binding insurance company matter policy paid circumstances fraud finally held insurance corporation person meaning statute piracy high seas piracy cases considered marshall court arose congressional statutes crimes act act march article provides congress shall power define punish committed high seas sections crimes act devoted subject principal provisions respect piracy incorporated section according white piracy cases numerous controversial decided court crimes act section crimes act provided person persons shall commit high seas river haven basin bay jurisdiction particular state murder robbery offence committed body county united_states death captain ship vessel shall run away ship vessel goods merchandise value dollars yield ship vessel voluntarily pirate shall lay violent hands commander hinder prevent fighting defence ship goods committed trust shall revolt ship shall deemed taken pirate thereof convicted shall suffer death trial crimes committed high seas place jurisdiction particular state shall district brought decisions interpret apply crimes charged united_states court held act extend murder committed navy vessel state waters united_states court held act extend piracy citizen defendants employ south american government war spain committed spanish ships citizens president john adams harsh critic decision wrote diary court cast away jurisdiction law congress given reasoning sample judicial logic false hollow gave early disgust practice law led determination accept judicial office following act court began distinguish united_states court distinguished case involving piracy citizen claiming act authority mexican republic committed danish ship citizens fraudulent claim spanish spain war mexican republic grounds victims subjects nation recognized united_states united_states referred united_states pirates authored justice johnson court distinguished primarily ground pirate vessel american ship prior united_states holmes distinguished ground holding burden defendant prove vessel flew flag crimes act section act provided person shall commit high seas confederate attempt corrupt commander master officer yield run away ship vessel goods merchandise turn pirate confederate pirates wise trade pirate knowing shall pirate ammunition stores provisions kind shall fit vessel design trade correspond pirate seas person persons shall ways consult combine confederate correspond pirate seas knowing guilty piracy robbery shall master ship vessel revolt ship person persons thereof convicted shall imprisoned exceeding years fined exceeding thousand dollars united_states court held act extend committed river river high seas justice washington delivered unrelated jury charge united_states kelly court interpreted phrase revolt refer crew vessel overthrow legitimate authority commander intent remove command possession vessel assuming government navigation transferring obedience commander person justice washington author opinion court written slightly longer opinion act march congress enacted new anti piracy statute act protect commerce united_states punish crime piracy section act provided person persons whatsoever shall high seas commit crime piracy defined law nations offenders shall brought found united_states offenders shall conviction thereof circuit court united_states district brought shall found punished death united_states smith opinion justice story court upheld conviction statute holding congress leave definition piracy law nations reviewing history foreign primarily english law justice story declared declaring piracy law nations robbery sea sufficiently defined fifth section act rare dissent justice argued article section clause obliged congress define piracy facts smith identical held reached crimes act citizen pirate commissioned government buenos_aires led mutiny seized new ship robbed spanish ship section act set sunset end session congress time congress provision permanent piracy bill defined additional offenses section crimes act act act separately codified revised statutes section crimes act repealed criminal code slave trading slave trade act prohibited slaves united_states fitting offense provided citizen citizens united_states person persons shall passing act person persons whatsoever master factor owner build fit equip load prepare ship vessel port place jurisdiction united_states cause ship vessel sail port place jurisdiction purpose negro person colour foreign kingdom place country transported port place whatsoever held sold disposed slaves held service labour ship vessel shall built fitted equipped laden prepared purpose ship vessel tackle furniture shall use united use person persons shall sue said prosecute effect ship vessel shall liable seized prosecuted condemned court united_states having competent jurisdiction person persons building fitting loading preparing sending away causing acts intent employ ship vessel trade business passing act contrary true intent meaning thereof shall wise aiding shall conviction thereof course law pay sum exceeding thousand dollars thousand dollars use united_states use person persons shall sue prosecute effect shall imprisoned term exceeding seven years years united_states court elements fitting offense court held offense fitting vessel slave trading committed owner vessel personally fit second court held statute violated partial fitting opposed complete fitting vessel purpose court held slave trading distinction principal fourth court held statute violated fitting occurred united_states finally court held statute required owner intend cause vessel slave trading opposed intending vessel slave trading party treason article section clause constitution provides treason united_states shall consist war enemies giving aid comfort person shall convicted treason testimony witnesses overt act confession open court section crimes act provided person persons owing allegiance united_states_of_america shall levy war shall adhere enemies giving aid comfort united_states shall thereof convicted confession open court testimony witnesses overt act treason shall stand indicted person persons shall guilty treason united_states shall suffer death court held conspiracy wage war united_states treason held evidence insufficient justify pre trial detention criminal procedure constitutional issues venue famous holding conspirators committed treason court ordered release prisoners addressing neutrality act conspirators charged regard charges court conceded admit general doubt held venue neutrality act charges improper district_of_columbia court rejected venue reaching question exist outside state hat crime committed district_of_columbia apparent unanimous opinion court tried district second court rejected statutory venue section crimes act permitted article crimes committed state court held territory place triggered alternative venue provisions crimes act court held statutory term place jurisdiction particular state applied river haven bay jurisdiction particular state cases court particular crime double jeopardy opinions marshall court considered questions double jeopardy clearly referring double jeopardy clause fifth amendment united_states court held bar second prosecution declared manifest necessity justice story authored opinion court position taken justice thompson united_states wilson court held protection prior jeopardy extended lesser included offenses judgment conviction subsequent prosecution maintained offence wilson held order receive protection pardon defendant accept pardon existence court finally united_states defendant acquitted note convicted different note introduced evidence trial court held double jeopardy run use evidence entirely distinct offence original jurisdiction supreme_court united_states court held unconstitutional vest original jurisdiction criminal trial assaults ambassadors circuit courts court reach question original jurisdiction supreme_court concurrent lower court instead holding criminal trial assault ambassador case affecting ambassadors public ministers meaning article justice washington author court opinion delivered jury charge supreme_court justices previously disagreed question riding circuit united_states indictment sending anonymous threatening letters foreign minister view money justice james wilson argued circuit court given concurrent jurisdiction justice james argued judge richard district pennsylvania sided wilson case continued evidence burden proof united_states court held government bear burden proof criminal cases different provision statute court approved exception statement agent defendant holding doctrine civil criminal cases best evidence united_states court held civil rules evidence applied criminal cases recognizing exception best evidence rule non production written instrument accounted facts found jury united_states tyler oral argument court held error verdict sheet referring goods violation pot ashes pearl ashes harmless jury need find value indictment united_states court held general sufficient criminal indictment merely repeat text statute court held circumstances extraordinary nature urgent occasions challenge indictment post conviction united_states mills court embraced general rule sufficient indictment need follow terms statute separate trials defendants united_states court held trial court discretion trials defendants defendant right insist tried court recounted history criminal english law concluded practice merely arose prevent defendants challenges remained trial justice story author opinion court substantially similar opinion massachusetts circuit court united_states phillips court dismissed criminal action motion attorney general district prosecutor filing motion motion prosecutor dismiss case trial court motion filed writ error issued supreme_court phillips cited early example judicial recognition norm enforcement discretion example phillips court use term underlying case involved prosecution phillips prominent philadelphia attorney interfering diplomatic immunity protected crimes act filing lawsuit diplomat question certified provision extended diplomats


criminal damage english law english law causing criminal damage originally common law offence offence largely concerned protection dwellings food supply sanctions imposed damaging personal property liability originally restricted payment damages way compensation time passed specific laws introduced deal particular situations judged require intervention particularly alongside rise industrial revolution modern law criminal damage contained criminal damage act creates offences protecting property rights act provides comprehensive structure covering merely preparatory acts offences arson causing damage intent life vary fixed penalty life imprisonment court order payment compensation victim history common law common law generally treated damage civil matter leading right damages 18th century stated rights personal property possession liable species injuries carrying away possession abuse damage possession continues legal owner clearly labelled private commentaries property rights enforced inter state necessarily involved parties fact criminal law intervened case arson defining burning house man protection extended corn arson traditionally attracted death penalty roman law early legislation common law protected sources wealth food largely agricultural society industrial revolution especially resulting workers perceived threats required new legislation match circumstances reaction parliament machine breaking destruction textile making machinery early initially punishment transportation colonies result continued opposition frame breaking act death penalty available consolidation number statutory provisions creating offences damaging specific types property consolidated injuries property acts act number subsequent statutes consolidated damage act damage act damage act victorian consolidation statute set detailed property superseded criminal damage act remaining provisions applicable england wales section placing wood railway intent overthrow engine section engines carriages railways section owner property unnecessary section offences committed jurisdiction admiralty criminal damage act definition act protected detail different types property criminal damage act provided definition wide apply property section act person excuse destroys damages property belonging intending destroy damage property reckless property destroyed damaged shall guilty offence excuse apart general self defence excuse applicable offence involving violent acts section act sets specific provisions relation criminal damage defendant excuse time believed person believed entitled consent destruction damage known destroyed damaged property question order protect property time believed property immediate need protection means protection reasonable having regard circumstances section act states defendant belief justified long honest belief creates test assessed court jury chamberlain demolished wall protect right way honestly believing reasonable means avoiding litigation said criminal context question means protection adopted reasonable having regard circumstances believed virtue section belief justified provided honestly held hill hall court appeal introduced objective element defence defendants convicted possession blade outside naval base wales having admitted intention use blade cut base perimeter fence claimed excuse acted protect property located near base reasoning base point future attract nuclear attack soviet_union given hill forced admit expect nuclear bomb fall today tomorrow court concluded threat property remote defence honest belief case held drunken belief support defence allows basic intent lloyd ruled damages wheel clamp free car having parked property knowing risk excuse act makes mistake law courts said defendant relying excuse defence need necessarily seek section defendant asked employer set fire employer factory facilitate insurance claim despite held owner factory entitled burned lord chief justice offence man set light property knowing excuse independent section destroys damages destruction damage occurred issue fact degree case case law suggests damage juvenile defendant police officer easily wiped clean held damage act similarly salmon scratch pole affect value damage proved court said authorities term damage purpose provision widely interpreted conclude permanent temporary physical harm permanent temporary value different conclusion reached chief constable somerset graffiti eventually action rainfall actually washed away local authority expense held criminal damage sufficient damage merely temporary cox riley program computer controlled machine rendering held constitute damage decision followed relation computer conduct dealt computer act case said alteration physical nature property concerned damage meaning section depend effect alteration legitimate operator convenience referred owner interference amounts value property owner necessary damage established defendant clean blanket block toilet police cell occupying causing water overflow flood cells defence argued clean water flooded floor process blanket soaked clean water blanket dry cleaning wet cell floor constitute damage cell court appeal noted argument assumed absence possible contamination infection held true effect actions relation blanket cell simple reality blanket blanket prisoner dried cleaned flooded cells remained action water cleared sustained damage albeit temporary property definition property act differs slightly theft act includes property nature land damaged henderson defendants dumped rubble development site cost substantial sum clear held constituted damage land belonging section act property shall regarded belonging person having custody control having right interest interest arising agreement transfer grant interest having charge provisions similar set section theft act relation theft clearly right property ownership deal property wishes including damage destruction person setting fire house subject mortgage charged right interest property property abandoned owner stolen follows property subject charge criminal damage intent offences act direct oblique intention defined house_of_lords stated person acts respect aware risk exists exist result aware risk occur circumstances known risk booth crown prosecution service divisional court upheld defendant pedestrian conviction charge road damaged vehicle hit aware risk closed mind aggravated criminal damage section act creates offence includes elements section offence additional element intending reckless life offence lies possible effects defendant actions necessary prove actual danger life connection damage mental state defendant steer defendant fired gun intending person missed hit window instead held intention life fact damage damage life approach extended relationship damage caused damage intended explored case involved throwing heavy items paths moving vehicles held defendant guilty intends life actual damage intended reckless life endangered damage defendant necessarily intend life intends break car window ignoring likely risk cause driver path vehicle fatally constitutes sufficient attempts proof specific intent life unnecessary charge attempting offence attorney general reference charge attempted aggravated arson held sufficient prosecution establish specific intent cause damage fire defendant reckless life endangered arson section act offences section destruction damage caused fire shall charged arson courts adopt view relation excuse defence relation arson hunt defendant wishing highlight lack fire defences old people home set fire demonstrate risks claimed honest belief excuse section held actually acting protect property court assumed belief honest ruled intention draw attention faulty fire defences defend property threats section provides person threatening intent fear threat carried destroy damage property belonging person destroy damage property way knows likely life person shall guilty offence possession items section provides person custody control intending excuse use cause permit use destroy damage property belonging person destroy damage user property way knows likely life person shall guilty offence offence section buckingham app extent penalties procedure act applies england wales northern_ireland criminal damage northern_ireland order certain types minor damage graffiti dealt issue fixed penalty notices alternative prosecution non aggravated offences involving damage valued maximum sentence months imprisonment fine value property damaged exceeds defendant entitled claim trial indictment jury tried sentenced months jail fine value property unclear court hear representations value offer defendant option summary trial limited penalties section act sets offences sections maximum term life imprisonment maximum years imprisonment section crime disorder act sets higher maximum years imprisonment racially aggravated offences carrying maximum life imprisonment courts empowered sections powers criminal courts sentencing act order payment compensation convicted defendant limit offence court powers crown court unlimited criminal damage act repealed etc protection act created capital offences commonly known collectively arson royal overlooked death penalty murder abolished


statute statute act parliament england notable statutory expression english patent law patents evolved letters patent issued monarch grant particular industries skilled individuals new techniques originally intended strengthen england economy making self sufficient promoting new industries system gradually seen way raise money charging patent holders having public tax elizabeth particularly great system issuing patents common salt unrest eventually persuaded turn administration patents common law courts successor james abusive despite committee established investigate grievances parliament efforts monarch power result statute passed statute repealed past future patents preserved exceptions patents novel seen key moment evolution patent law statute described landmarks transition england economy feudal capitalist statute force took century comprehensive legal doctrine patents come existence james successor charles regularly abused patents system ensuring cases relating actions heard courts controlled english civil war resulting english restoration finally curtailed system abuse statute basis australian law united_kingdom began following european patent convention strong pillar united_kingdom intellectual property law background historically english patent law based custom common law statute began crown granted patents form economic protection ensure high industrial production gifts crown judicial review oversight consideration actual law developed patents practice came groups controlled crown held particular industries 14th century economy england european nations small control industrial production successfully remedy edward began encouraging foreign settle england offering letters protection protected guild policy condition train english pass knowledge recorded letter protection given letters grant monopoly acted extended passport allowing foreign workers travel england practice trade exceptional example considered patent england issued john april granting monopoly overseas practice granting industrial patents common italian states century granting industrial patents common practice england record letter thomas henry_viii private secretary venetian silk merchant persuaded group venetian silk makers practice england wanted king grant letters patent protecting monopoly grow silk years granted henry son edward followed grant letters patent henry hoped introduce foreign techniques england process continued elizabeth came throne formal procedures set issue letters patent new industry allowing granting patents highly popular monarch statute potential raising revenue expected pay heavily patent unlike tax raise method raising crown money public unrest result patent normally directed monarch time problematic instead temporary specific imported industries long term came common including salt led showdown crown parliament agreed turn power administer patents common law courts time elizabeth revoked number restrictive damaging given string judicial decisions criticising james elizabeth successor continued patents create despite committee grievances body chaired sir edward abolished large number wave protest occurred expansion system march james suggested house_of_commons draw list patents life alteration time statute prepared passing thrown house_of_lords statute finally passed parliament act sections section said commissions grants charters letters patents granted granted person persons bodies corporate whatsoever sole buying selling making working thing realm dominion wales power liberty faculty licence use exercise thing tenor law statute restraints assistants matters things whatsoever way tending strengthening altogether contrary laws realm shall utterly void effect wise use execution rendered past present future patents void patents normally divided categories patents particular invention patents patent holder legislation patents particular trade industry section time discussed new category patents power liberty faculty patents normally relation laws farm business criminals justice private companies individuals statute break previous law emphasised power lay parliament section provided future patents granted determined common law section emphasised companies individuals future possession patents allowed exercise sections provided interfered days statute passed patent monopoly goods seized persons imprisoned returned owners released respectively sections important statute section lays exceptions rules preventing kind monopoly patent stated previous provisions shall extend letters patents grants privilege term fourteen years sole working making manner new realm true inventor time making letters patents grants shall use contrary law state raising prices home hurt trade generally fourteen years date letters patents grant privilege shall force act essentially established wide area patents granted condition lasted longer years patents apply new manner manufacture manufacture referring creation object design object section provided act prejudice previous statutory measures section provided restoration parliament power administer law way right king court king bench court common pleas criminal courts order imprisonment section provided rejection letters patent licenses extend corporations towns city london corporation significance statute strongly broadly exceptions mainly repeated existing common law statute long considered key moment patent law chris writing melbourne university law review identifies significant marker history patents continuing importance start end patent law despite statute courts develop comprehensive coherent legal doctrine patent law century statute came force highly important patent law played large role economics writing journal industrial economics identifies passage statute landmarks transition england economy feudal capitalist significant relation patent law whig historians identified infringement monarch royal occasions self confident house_of_commons overruled king eventually leading english civil war chris kyle writing journal legal history notes case statute previous common law leading infringement royal james later stages bill supportive principles james opposed motion session parliament included silver thread james council active passage bill ensure supported statute required extensive judicial action work particularly interpretation section sir edward england wrote manufacture seven properties years secondly granted true inventor making letters patent use privilege contrary law state raising prices home new manufacture deserves privilege hurt trade generally subject discussed case decided inventive improvement existing industry invention new material patented improvement described new button old coat case confirmed patent issued new material extremely close old originally laid case statute stop monarch issuing patents return money james death charles continued issuing avoided having obey law having cases heard courts star chamber response abuse star chamber abolished corpus act english restoration activities largely ceased dominant power parliament bill rights completely abolished king ability alter statute statute dominated patent law centuries received laws common law jurisdictions forms basis modern patent laws countries example patent law australia dominated patents act states test relates manner manufacture meaning section statute england wales sections statute technically force statute law revision act patents designs trade marks act statute law revision act administration justice act statute law act repealed legislation practice patents act brought united_kingdom line european patent convention statute repealed england wales


decision united_states supreme_court court considered position suspect understands right remain silent arizona aware right remain silent explicitly right court held suspect actually stated relying right subsequent voluntary statements court police continue interact question mere act remaining silent insufficient imply suspect invoked rights furthermore voluntary reply lengthy silence implying court split dissent authored justice argued previous cases required claimed constitutional right shown strongly especially light lengthy interrogation possible compelling influence accused remained entirely silent hours prior self statement responses legal observers media divided considered erosion concerned turning developed previous cases scholar argued effectively saw ruling sign strength signal court impetus willing address known issues resulting view terrorism crime common view concerned vulnerable citizens placed pressure despite having understanding rights easily manner interests background case legal background law rare exceptions people criminal suspects defendants right remain silent right fifth amendment united_states_constitution remaining silent optional speak silent wish warning concerns duty police formal sure suspect aware right prior questioning case want silent point suspect later pleads ignorance right relied aware arizona related cases suspect rights clear wish rely rights clear wish rely number cases present addressing point suspect aware right remain silent said begun rely right opposed aware right choosing rely interrogation conviction van chester considered suspect fatal shooting january michigan advising rights police officers interrogated state time wanted rely right remain silent want talk police wanted attorney court record suggested completely silent hour interrogation sporadic comments bearing case police described nearly monologue near end detectives changed approach tried spiritual appeal conscience religious beliefs asked sequence believe god pray god pray god forgive shooting victim answered yes motion suppress statements claiming invoked fifth amendment right remain silent waived right statements trial court denied motion found guilty jury sentenced life imprisonment possibility parole note significant evidence guilt conviction state court appeal federal court corpus proceedings appealed conviction grounds included suppression admission invoked waived right remain silent representation related improper jury instructions michigan court appeals rejected claim filed writ corpus federal district court denied request united_states court appeals sixth circuit reversed district court decision holding state court finding implied right remain silent petition supreme_court state petition supreme_court advanced number reasons hold extended silence asserted interview present case right silence contrast right counsel exercised speaking suspect initial inherently convey reasonable police officer suspect wishes exercise right silence terminate interview suspect want listen evidence learn benefits cooperation deciding exercise rights suspect explanation events planning thinking options willing talk topics simply invocation initial period silence wishes suspects wanted listen deliberate end questioning suspect provided warnings opportunity rights primary purposes fulfilled court described person right cut questioning critical safeguard provided warnings police aggressively question hour time period similar courts appeals found acceptable begin approach lengthy court disapproved court decision june vote supreme_court reversed sixth circuit decision opinion court written associate justice anthony kennedy court ruled silence interrogation right remain silent waived right remain silent voluntarily statement police issue considered court ruled prejudice representation respect jury instruction doubtful evidence guilt conviction unlikely change jury instruction difference majority opinion court reasoned follows arguments good reason standard right remain silent right counsel differ protect compulsory self requiring interrogation cease right invoked making statements ended questions accused court considered invocation rights implied behavior ambiguous words accused concluded line previous cases davis united_states good reason rights require act accused including certainty police prosecutors accused social benefit law enforcement court considered accused taken action waived rights free choice awareness arizona ruling states heavy burden rests government demonstrate defendant waived privilege self right retained appointed counsel noted accused read expressed understanding rights read aloud pleaded lack understanding given time knew rights specifically having read 5th warning right decide time questioning use right remain silent right talk lawyer questioned aware right enduring applied time questioning chose police honor invocation court observed required suspects time time question linked religious beliefs cause reply accused understanding rights capable invocation point chosen case north_carolina butler showed rights implied defendant silence coupled understanding rights course conduct indicating court held warning given understood accused accused statement established implied right remain silent answer police question having understood chosen rights sufficient course conduct indicating sporadically comments court concluded sum suspect received understood warnings invoked rights right remain silent making statement police right remain silent stop questioning understanding rights waived right remain silent making voluntary statement police dissent associate justice wrote opinion justices major opinion court wrote case represented substantial retreat protection compelled self arizona long provided interrogation right remain silent requires speak time suspects legally presumed waived rights given clear expression intent dissent noted government satisfy high proof constitutional rights set forth johnson cited valid presumed simply silence accused warnings given simply fact confession fact eventually obtained fact lengthy interrogation statement strong evidence accused rights circumstances fact individual eventually statement consistent conclusion compelling influence interrogation finally forced inconsistent notion voluntary privilege north_carolina butler agreed court defendant right prosecution bears heavy burden attempting demonstrate fact lengthy interrogation prior obtaining statements strong evidence finding valid mere silence response questioning presumed simply fact confession fact eventually obtained court previously observed privilege self shelter guilty protection innocent reasons observed criminal law system comes depend confession long run reliable subject abuses system relying independent investigation giving sporadic comments interview answers given touched case court previously considered suspect right remain silent remaining nearly silent hours minutes dissent considered silence lengthy interrogation long past point deciding respond reasonably understood invocation right remain silent butler distinguished sufficient course conduct mere statements dissent concluded ruling unnecessary changes established butler right entitled relief michigan satisfy burden establishing views prior cases particular view majority gave new case united_states johnson court ruled legal views responses responses ruling divided significant number commentators focusing erosion commenting impact case terrorism suspect interviews topic congress recently attempted law school professor discussion decision called decision break philosophy arizona leaves decision stand arbitrary disclosure requirement protection interrogation originally crafted author noted purpose address psychologically pressured interviews noted adequate protection essential order inherent surroundings decision intended prevent merely require disclosure legal facts present decision allow right occur interrogation commenced response interrogation result subtly different meanings right remain silent suspect words arizona vulnerable need protection precisely kind suspect aimed protecting left unaware utter magic words possessing rights remain silent interrogation takes place possessing right avoid interrogation altogether law sets trap people feeling unable assert subjected interrogation worn respond questions joint brief behalf national association criminal defense lawyers american civil liberties union cautioned similarly clear record detectives chose seek express importantly detectives strategic choice ask willing rights presumably invocation rule effective way avoid evil case sought address highly intimidating environment unwilling suspects speak confession hours later presumed product interrogation environment sort sought prevent emphasis original legal director stated similar lines wall_street_journal online edition seriously court recognized suspect police custody worn prolonged questioning interrogation tactics berkeley law professor john responded matching article publication court view provides guidance suspect says extended period significantly wrote parallels obama administration favouring terrorism crime terrorism war bush era anti terrorism legislation bush doctrine perspective influence terrorism cases opponents declared war interrogation seek intelligence stop attacks confessions use civilian trials concluded court new flexibility allow ease burden military intelligence police permit flexible responses terrorism criminal justice expense weakening civil rights americans present ruling clarify relevant information collected use trial act weak anti terrorism policies kent legal director criminal justice legal foundation stated court recognized practical realities police face dealing suspects placed reasonable limits artificial rule constitution statement concluded rule constitution person compelled witness changed today decision emily counsel center justice school law commented potential consequences predictable night following day police criminal suspects explicitly rights suspects poorly educated mentally ill hours end lead inevitably unreliable confessions phenomenon aimed eliminate noted attorney general comment warnings terrorism suspects talking providing valuable intelligence positive observation reflection attempts congress amend decision sends strong signal supreme_court shy congress concluded look hostility congressional attempts scope rule supreme_court willing interpret narrowly criminal defendants willing reach relatively far legal responses included stanford_university law professor robert stated decision lower courts ambiguous situations favor police prosecutors university_of_michigan law professor richard concluded decision means police shooting questions suspect refuses talk long want hopes person crack information little bit restraint officers scholar argued effectively right remain silent charles argues majority rejected fundamental arizona rule established new fails protect rights suspects michigan solicitor general able cite decision court found suspect given implied lengthy questioning hours finding facts gives implied doctrine media response national regional media outlets reported range views similar kansas_city star series high_court recent months effectively away ruling occurring outside legal community taken note trend long good guys win bad cares right ought care fighting crime shouldn allowed american standards like innocent proven guilty concluded newest justice court understand based building cases confessions matter conservatives court stated local attorneys mixed decision citing variety local attorneys included defense attorney saying tell activist conservative majority supreme_court right thing moving clock rights district attorney saying years far necessary original goal protecting suspects police culture dramatically changed better plus years came second defense attorney quoted saying placing person incredibly situation sit chair little room shine harsh light face question hours conditions sandwich confess county public defender opined ruling unfavorable clear answer uncertainty local police stated ruling affect conducted philadelphia_inquirer asked americans declare constitutional rights loud order claim decision set shock waves rights activists commented fact dna criminal confessions turn lengthy demonstrates risks police procedures key reason rights established place ruling automatic major crime interviews critical concluded high_court ruling enable police bad guys charges stick setting set rules key constitutional protection high_court eroded individual liberty americans number newspapers including known national titles usa_today new_york_times washington_post titles associated_press washington times reported facts sides stating strong editorial position coverage subsequent ruling texas constitution fifth amendment gives individual suspected crime right forced police government officials giving evidence guilty crime based constitutional prohibition self prevent testimony police government officials supreme_court ruled arizona individual held police free leave told right remain silent subsequent case texas considered suspect held police officers instead agreed accompany officers discuss case request extended ruling situation prior arrest individual required explicitly told right remain silent fifth amendment houston voluntarily gone police station officers asked accompany talk murder men answered officers questions simply remained silent asked shotgun found scene murders match gun shifted feet acted later trial prosecutors told silence face question showed guilty knew shotgun kill victims lawyer wanted supreme_court rule simple fact silence police questioning individual arrest person criminal trial supreme_court extended standard texas june holding suspect silence response specific question posed interview police suspect custody suspect voluntarily answering questions interview court explicitly fifth amendment right silence response specific question justices concluded suspect silence circumstances justices roberts kennedy concluded defendant fifth amendment claim failed privilege justices thomas concluded defendant claim fail invoked privilege theory prosecutor comment trial defendant silence response question police interview defendant self testimony essence supreme_court ruled fifth amendment self clause protect defendant refusal answer questions asked law enforcement arrested read rights concrete case court issued following holding placed custody received warnings voluntarily responded questions police murder prosecution use silence response question evidence guilty trial violate fifth amendment failed privilege response officer question long standing judicial precedent held witness desires protection self explicitly claim protection requirement ensures government notice defendant intends claim privilege allows government argue testimony self offer immunity opinion justices roberts kennedy reiterated exceptions principle criminal defendant need stand trial order explicitly claim privilege failure claim privilege failure government opinion declined extend exceptions situation texas notwithstanding popular court held fifth amendment establish complete right remain silent guarantees criminal defendant forced testify long police defendants opportunity claim fifth amendment privilege constitutional violation court stated formula necessary assert privilege self person simply standing mute individual fails right later charged crime prosecution use silence trial evidence guilt


microsoft microsoft legal dispute microsoft canadian high school student named mike domain case received international press attention following microsoft perceived heavy handed approach 12th grade student time web design business subsequent support received online community settlement eventually reached granting ownership domain microsoft exchange xbox additional compensation background domain initially registered canadian student mike august set site time web design business choosing domain pun adding word soft end microsoft saw trademark infringement resemblance corporate demanded domain receiving letter january microsoft canadian legal representatives smart replied asking compensated giving domain microsoft offered pay pocket expenses original cost registering domain countered asking instead later claiming mad microsoft initial offer microsoft declined offer sent cease order spanning pages microsoft accused setting site order try force large financial settlement practice known press coverage settlement went press creating publicity case garnering support cause including donations offer free advice lawyer point forced site overwhelmed page views period hours managing site changing service provider higher capacity case portrayed david versus struggle media characterized microsoft negative light resulting bad publicity later described public relations mess public showing support received credited microsoft stance leading eventual settlement late january revealed parties come court settlement microsoft taking control domain return microsoft agreed pay expenses incurred including setting new site traffic additionally microsoft provided subscription microsoft developer network expenses paid trip family microsoft research tech headquarters washington training microsoft certification xbox selection games following online poll donated legal defense fund children hospital remaining money future university education developments settling dispute microsoft attempted auction documentation received line auction site describing piece internet history materials included copy original page cease letter inch thick book containing copies web pages microsoft auction received half million page views bidding rose high bids turned fraudulent auction restricted pre approved reserve price documents eventually sold microsoft later admitted aggressive defense microsoft trademark following case suggested editor microsoft little choice pursue issue come light weakening trademark view espoused noted microsoft ignored site company losing right fight future trademark opined legal proceedings ensued strong argument keeping domain real claiming affiliated microsoft


insanity english law insanity english law defence criminal charges based idea defendant unable understand unable understand wrong defence comes forms defendant claims insane time crime defendant asserts insane time trial situation defendant suffering disease damaged functioning mind led defect reason prevented understanding tell wrong second situation test defendant differentiate guilty guilty counsel recognise charges facing successful likely detained criminal procedure insanity act judges wide discretion use insanity concept dates criminal application late 16th century identical way defence successful allowed defendant return home led incarcerated granted royal pardon defendant insane prior trial tried crime including high treason 18th century test determine insanity extremely narrow defendants required prove distinguish good evil suffered mental disease incapable understanding consequences actions current wording comes rules based trial daniel defence insanity subject intense criticism particularly butler committee noted rules based limited concept nature mental disorder highlighting language rules gives rise problems interpretation rules based obsolete belief pre eminent role reason controlling social behaviour rules satisfactory test criminal responsibility committee proposed reform law followed draft bill law commission far ignored successive governments history idea insanity english law dates statute allowed king lands early law words including idiot fool refer insane birth later insane insane intervals criminal law insanity defence roughly identical way point late 16th century insane person commits crime punished way committed crime reasons firstly cruel punishment usually set example effect insane secondly required insane person guilty capacity hold phrase solo punished madness cases insane defendant released allowed home held prison king decided grant pardon insane prior trial executed including high treason established somebody found guilty insanity immediately released beginning 19th century act allowed justices peace dangerous test insanity extremely narrow defendants prove incapable distinguishing good evil following trial john suffered mental disease incapable forming judgment consequences actions trial james james attempted assassinate george iii come believe second coming christ brought death attempted executed approached king royal box theatre royal lane firing pistol king audience time shot passed head tried june court king bench counsel thomas argued planning attack meant normal defence insanity sufficient true test insanity madness suffered medical experts testified injuries battle repeatedly struck head sabre caused insanity lord immediately sent jury away reach decision verdict guilty influence insanity time act committed time jury asked reason decision origins phrase guilty reason insanity result case criminal act parliament concerned similar criminals allowed free provided somebody found guilty reason insanity custody granted royal pardon act limits crimes defence insanity prior act case new legislation limited defence offences case january daniel attempted assassinate robert prime minister united_kingdom approaching man believed fired fact killing edward secretary immediately arrested charged murder tried march old bailey assisted defence including alexander medical experts lay witnesses sides agreed insane question constituted valid legal defence insanity judges decided man presumed possess sufficient degree reason responsible crimes contrary proved satisfaction establish defence ground insanity clearly proved time committing act party accused defect reason disease mind know nature quality act know know wrong boiled defendant know wrong established rules remain principal method deciding insanity english law trial act trial act development law allowing jury return verdict defendant guilty insane time kept custody criminal act passed request queen_victoria target frequent attacks mentally ill individuals demanded verdict changed guilty act guilty act omission charged insane responsible according law actions remained use criminal procedure insanity act current law current law applications insanity defence claimed defendant insane time committed crime claimed insane time trial unable effectively defend defence commonly crown court previously believed required jury harper decided defence applied court insanity time crime defendant alleged insane time committing offence issue raised ways defendant claim insane defendant raise defence judge decides instead insanity defendant raise plea diminished responsibility judge prosecution insanity appropriate way plea insanity reached test time laid rules establish defence ground insanity clearly proved time committing act party accused defect reason disease mind know nature quality act know know wrong disease mind medical term instead means defendant suffering disease affected functioning mind necessarily disease brain confirmed case defendant led assaulting wife unconscious shown disease mind led defect reason defendant ability reason impaired disease alternately defendant try know nature quality act wrong requires proof defendant know awareness happening unaware consequences act knew circumstances herring gives example man thought killing monstrous person fact killing person arguing defendant knowing act wrong wrong taken mean illegal set insanity time trial defendant time trial claims insane able understand charge difference guilty guilty able lawyers unable things found unfit section criminal procedure insanity act situation judge wide discretion defendant cases murder detained hospital criticism attempted reform law area criticised sets legal standard insanity medical quick example courts decided assault committed defendant suffering taking insane nature held crime committed defendant suffering constitute insanity result existing law allows acquitted declared insane academic describes absurd sullivan man charged harm offences person act assaulting friend seizure house_of_lords ruled sullivan insane lie power courts alter insanity test critics professed powers courts people found guilty reason insanity mental hospitals arguing discussion mental health limited crime mental condition defendant offence acquitted butler committee report submitted law insanity intense criticism saying based limited concept nature mental disorder noting language rules gives rise problems interpretation rules based obsolete belief pre eminent role reason controlling social behaviour rules satisfactory test criminal responsibility additional criticism given defence puts burden proof defendant cases burden prosecution butler committee proposed reform repeatedly ignored successive governments law commission drafted criminal code bill altered rules insanity ignored


united_states united_states landmark supreme_court decision issues constitutional criminal procedure supreme_court decision hold assistance counsel clause sixth amendment required reversal criminal defendant conviction lawyer representation limited conflict interest held exclusion women members league women voters taken jury training class jury pool violated jury clause sixth amendment declined reverse convictions ground technical reasons majority opinion court use phrase cross section community jury discrimination case sixth amendment equal protection clause fourteenth amendment facts unusual according contemporary chicago_tribune article time federal employees charged federal court justice week trial involved witnesses pages testimony argument exhibits background court prior jury pool discrimination cases involved exclusion african americans fourteenth amendment equal protection clause court come closest fair cross section community doctrine smith texas court stated established tradition use instruments public justice jury body truly representative community daniel assistant united_states attorneys northern district illinois specializing liquor revenue offenses bribes defendants indictment soon indicted assistants resigned april tenure attorney william joseph campbell according campbell best record convictions office conviction record alcohol cases best entire country office prosecuted ninety cases lost hasn lost jury case half years prior history district court indictment attorney campbell presented case grand jury personally alfred anthony louis indicted united_states district court northern district illinois counts conspiracy september assistant attorneys defense attorney representing bribe majority cases alleged fixed bribes african american bail liquor allegations prosecutors agreed recommend dismissal charges ensured grand jury return indictment maximum authorized sentence charges years imprisonment fine bail prosecution case trial began february judge patrick thomas stone western district wisconsin sitting designation prosecution opening statement delivered martin ward chief criminal division defense attorney william scott stewart opening statement argued set head alcohol tax unit stewart leader battery high priced defense counsel government witness attorneys office clerk gordon morgan testified suggested appointed grand jury returned conferred frequently prosecution witness illegal landlord william testified affiliated louis posted approximately bail bonds sixth day trial alcohol tax agent patrick testified case investigated persuaded grand jury reverse returning indictment placing matter pending indefinitely government witness sharp testified paid order prosecutor recommend charges dismissed frank turned government witness testified paid recommend dismissal cases convicted case refused pay indicted time testified declined intervene behalf saying going jail years money world couldn help isn ordinary case agents town washington walter testified paid addition bond case dropped acting prosecutor victor testified twice paid bribes cases handling convicted time refusing pay case prosecuted ward anthony small time testified declined prosecute exchange boss nicholas william testified transferred paid alexander campbell assistant attorney indiana testified offered bribe case saying way handle things chicago government final witness alcohol tax investigator thomas bailey testified repeatedly delayed grand jury case involved government rested case february judge stone denied defense motion directed verdict defense case judges testified character witnesses john peter barnes ill behalf charles ill behalf state judge john behalf took stand denying paid money defense attorneys henry edward representing trial defended clients cases government case chief alleged fixed denying paying bribes government accused testimony took hours cross examined individually single case government alleged fixed defense rested march weeks trial assistant united_states attorney francis delivered prosecution closing argument stewart george closed ward concluded government argument stewart closing focused credibility prosecution witnesses transported prison testify stewart urged jury word conviction sentencing jury retired march judge stone ordered jury continue night jury returned march hours convicted conspiracy united_states hours jury conviction female judge stone denied defendants motion new trial sentenced months imprisonment fined placed years probation suspended sentence year day sentenced months imprisonment failed surrender june captured august revenue department special intelligence agent observed entire trial eye follow tax prosecution june judge philip leo sullivan sentenced government witnesses trial probation seventh circuit appealed united_states court appeals seventh circuit oral arguments heard october judges william morris sparks walter seventh circuit opinion judge affirmed convictions december oral argument principal point stressed evidence failed sustain verdict jury points raised defendants argued indictment absence women grand jury indictment returned open court indictment inconsistent vague insufficient evidence support verdict trial judge granted appoint stewart represent severed defendants reports alcohol tax unit government exhibits admitted evidence sent jury cross examined matters charge scope direct examination cross examination attorney campbell restricted evidence scope bill introduced insufficient accomplice testimony certain testimony alexander campbell erroneously admitted admission evidence cumulative effect denying defendants fair trial trial judge cross examination witnesses comments crossed line advocacy trial judge granted new trial exclusion women jury pool united_states attorney general homer petitioned supreme_court granted april represented supreme_court time albert attorney northern district opinion court opinion justice murphy court reversed conviction affirmed convictions defendants nos conflict free counsel represented stewart satisfied prior retained counsel trial judge proposed appointing stewart represent stewart explained potential conflict little defense main conversations wasn present people seen talked gave money care binding feels represent jury idea trial judge prior objection appointed stewart represent stewart represented proceeding raise issue appeal filed court reversed conviction counsel conflict interest court held assistance counsel guaranteed sixth amendment assistance court order requiring lawyer shall simultaneously represent conflicting interests right assistance counsel means valued constitutional safeguard substantially impaired court rejected suggestions waived sixth amendment right failing object status experienced federal prosecutor relief court concluded conflict interest ways stewart declined cross examine witnesses fear strengthen case stewart failed object testimony witnesses prior statements rules statements obviously obviously showing stewart feared objection behalf highlight statements addition finding conflict court stated wished benefit undivided assistance counsel choice think desire accused respected conflict interest additional burden representing party counsel effectiveness determine precise degree prejudice sustained result court appointment stewart counsel difficult unnecessary right assistance counsel fundamental absolute allow courts nice calculations prejudice arising denial court declined reverse convictions basis concluding exclusion women jury pool defendants alleged women members illinois league women voters completed jury training class taught local prosecutor included jury pool defendants jury composed men women court length defendants claim court held federal jury allow desire competent lead selections concept jury cross section community tendencies matter slight selection method process trial representative group processes weakening institution jury trial resisted motives influencing tendencies best blind dangers allowing whatsoever essential right steps taken lead substantial liberties court held deliberate selection membership particular private organizations definitely conform traditional requirements jury trial court held submission contradicted contained offer prove exclusion women jury pool insufficient preserve error instead defendants actually introduce evidence attempt formally offer evidence support claim issues court rejected defendant arguments women excluded grand jury illinois law incorporated federal jury selection law time indictment returned open court indicating indictment returned open court added fact indictment definite evidence insufficient sustain conviction admission certain evidence trial judge questioning certain witnesses limitations cross examination court stated opinion new trial ordered time feel proper comment evidence dissent justice joined chief justice stone dissent reversed conviction argued appointment silence especially light years experience federal criminal prosecutor failed preserve error dissent argued joint representation beneficial conspiracy trial presents complicated questions strategy defense advantages having separate counsel defendant single counsel joint representation means common defense gives strength common attack dissent denied prejudice arisen examples highlighted majority subsequent developments judge stone denied probation set sentence begin april judge sullivan dismissed different indictment april judge ryan eastern district wisconsin sitting designation denied government motion dismiss petition april set hearing following day judge denied bail denied petition april pending free bail attorney general francis appointed edward kelly special assistant consider kelly recommended wrote judge alfred evans seventh circuit asking assign judge motion judge evans assigned protests judge evans charges dropped january kelly argued judge evans insufficient evidence original evidence judge evans suspicious motion argued case fixed returned private practice legacy conflict free counsel supreme_court vehicle examination joint representation court continued deal issue warden arkansas sullivan wheat united_states taylor summarized follows established unconstitutional multiple representation harmless error court concluded lawyer actual conflict interest refused nice calculations prejudice conflict conflict demonstrated denial right effective assistance counsel defendant shows conflict interest actually affected representation need demonstrate prejudice order obtain relief defendant shows counsel actively represented conflicting interests established constitutional claim ineffective assistance justice statement dissent common defense gives strength common attack quoted majority fair cross section community majority opinion court use phrase cross section community jury discrimination case sixth amendment equal protection democratic overhaul jury began supreme_court decision united_states barbara opined equal protection court case sex discrimination case cross group challenge sixth amendment invoked supreme_court jury discrimination thirty years sixth amendment apply state federal cases court prefer power lower federal courts supreme_court eventually reverse criminal convictions exclusion women jury pool taylor louisiana missouri fair cross section requirement extended civil cases southern pacific wage excluded jury pool


bill middlesex bill middlesex legal fiction court king bench gain jurisdiction cases traditionally court common pleas king bench remaining criminal jurisdiction county middlesex bill allowed cases traditionally common law courts claiming defendant committed middlesex defendant custody complaint quietly dropped complaints debt substituted large reform movement prevent courts court business bill far cheaper faster older common pleas leading drop business increase king bench issued ineffective attempt prevent use bill finally abolished process act result reforming actions bill middlesex common pleas increasingly conservative resistant king bench changes impact business common pleas best emphasised case struggle old new forms breach contract common law courts finally reached eventually led dissolution supreme_court act merger single high_court justice background court common pleas court king bench central common law courts england wales 13th century dissolution common pleas jurisdiction common pleas cases king interest practice meant cases subject subject including actions taken recover debts property vast majority civil cases jurisdiction king bench hand pleas crown cases involved king way exception revenue matters handled pleas king bench held exclusive jurisdiction cases retained criminal jurisdiction cases middlesex county sat 15th century traditional superiority common law courts challenged ecclesiastical courts jurisdiction lord chancellor exercised court courts attractive common lawyers simple method arrest defendants bills complaint court procedure far faster steep decline number cases common law courts coinciding sharp increase cases newer courts loss business quickly recognised king bench urged develop new present king bench began reforming increase business jurisdiction tide finally turning favour king bench significantly reformed mode practice response developments bill middlesex bill bill middlesex exploited king bench remaining criminal jurisdiction middlesex prior introduction bills writ issued different depending issue wished sue debt court issue individual writ action associated delays costs ensure appeared court bills hand traditionally court officials court prisoners defendant assumed court custody presence court unnecessary legal fiction arose wished sue debt writ issued arrested result debt actions undertaken bill detained eventually fictitious wished sue merely debt writ obtained quietly dismissed detained custody originally undertaken getting writ eventually shorter king bench retained criminal jurisdiction middlesex fictitious said occurred county allowing king bench issue bill arrest known bill middlesex undermined jurisdiction court common pleas normally dealt civil cases impact result procedural changes including bill middlesex king bench business rose simplicity low cost procedure drove business king bench negative impact court common pleas court historically cases covered bill middlesex handled common pleas specialist writ drafted writ expensive brought large amounts revenue common pleas costs varied depending money claimed defendant shillings claim shillings return began bring claimed bills middlesex judges hindered fine paid original said case temporary fine paid prevent continuation proceedings king bench relatively issued thanks technical weapon easily long term impact issuing finally ended ordinance passed james increased costs king bench proceedings bill middlesex finally abolished process act longer term significant development bill middlesex revolutionary developments king bench met conservative reaction common pleas fearful losing troubles period best illustrated case medieval common law claims seeking debt matters pursued writ debt common pleas problematic archaic process lawyers succeeded creating method enforced court king bench action technically legal fiction failing pay promising defendant committed liable conservative common pleas court court chamber began decisions king bench causing friction courts case chief justice king bench john deliberately provoked common pleas bringing action higher court justices king bench vote allowing common pleas establish main contractual action death anderson activist francis chief justice common pleas briefly led revolutionary common pleas courts eventually reached result common law courts pleas common pleas king bench near identical jurisdictions 18th century customary speak justices courts distinguishing cases shared equally henry complained parliament jurisdiction court king bench example originally confined pleas crown extended actions violence actions force actions walls medium legal fiction adopted purpose authority person sued custody marshal court proceeded personal cause actions degrees court drawn actions belong court common pleas court common pleas able obtain peculiar subject king bench jurisdiction crown pleas adopted similar course originally confined trial revenue cases means fiction everybody sued crown pay debt party pay opened doors drawn right trying cases intended placed jurisdiction result supreme_court act unified common pleas king bench court body high_court justice divisions courts remain reform bill middlesex aided king bench short term eventually led dissolution


trustee act trustee act act parliament united_kingdom duties trustees english trust law reform areas advised early finally came trustee bill based law commission report trustees powers duties introduced house_of_lords january bill received royal november came force february trustee act commencement order statutory instrument act having effect england wales act covers areas trust law duty care imposed trustees trustees power investment power appoint nominees agents power acquire land power receive work trustee sets new duty care objective standard massively extends trustees power investment limits trustees liability actions agents providing work course trust background lawyers academics pushing reform area law law commission published report advising reform rules trustees powers people reform came land appointment trustees act cover law small changes statutory instrument extended rights trustees trustee investments act little papers published similar areas finally trustee bill introduced house_of_lords january implementing proposals laid law commission report trustees powers duties act given royal november came effect february trustee act commencement order act act divided parts sections schedules focuses specific areas law duty care imposed trustees trustees power investment power appoint nominees agents power acquire land power receive work trustee duty care act sets general duty care trustees section defines duty trustee test objective element objective care trustee depending size responsibility office exercise care skill reasonable circumstances common law reflects company law indicates professional trustee held higher standard family trustee element requires court exercise greater scrutiny trustee special skills takes trustee ability objective trustee special qualification trustee expected exercise greater normal degree care trust accounts according schedule duty care excluded trust instrument exercised investing trust capital acquiring managing land appointing reviewing agents trust properties exercising powers compound dealing trust property commentators agreed largely previous common law rule duty care lord said general rule trustee sufficiently duty takes managing trust affairs precautions ordinary man business managing similar affairs similar objective test pointed new duty care creates problems sets fixed objective point known point professional trustee obviously held standards lay trustee seen equally unfair lay trustee held standards professional duty unlike previous common law duty point requires trustee act duty care seen charities compared old allows charities forced employ lay trustees use professional agents exercise duties investment powers investment powers limits powers set act section states subject provisions trustee kind investment absolutely entitled assets trust far previous provisions contained trustee investments act act repeatedly criticised conservative investment policy trustees powers investment trustees given restrictive narrow time trustees expected expensive complicated procedures exercise new power investment treated default provision trust instrument ways trust money invested trust instrument created prior august provisions investments treated void new provisions apply created passage act apply governed charities act authorised unit pension schemes section act requires trustees look standard investment criteria investing criteria defined section need check investments trust importance section requires having exercised power investment trustees regularly refer standard investment criteria check fulfilled little given trustee investments act provision criticised defining suitable suggested trustees duty invest solely financial interests trust instrument laid national union leader arthur wanted british coal industry jobs court held money investments breach trust subsequent case law qualified controversial principle church commissioners england point ongoing debate assumed academics trust suffered loss result trustee investing unsuitable areas trustee liable breach trust section trustees required obtain proper advice investing circumstances mean inappropriate unnecessary proper advice defined section advice person reasonably believed trustee qualified ability practical experience financial matters relating proposed investment objective test section identical test laid act advice sought exercise investment power required trustee wishes change trust invested acquisition land rules acquisition land covered iii act passage act trustees right purchase land trust money exceptions trust instrument authorised required trustee purchase land second section land appointment trustees act allowed trustees buy land investment section act trustees purchase land investment occupation reason land purchased free absolute owner sell lease mortgage default provision irrelevant trust instrument contains rules requirements land bought britain trustees wish purchase land outside britain invest companies land alter trust instrument allow agents delegation act covers delegation powers agents trustees liability acts area long criticised practitioners academics particularly provisions trustee act act allowed trustees appoint agent good faith gave liability agent acts confirmed trustee escape liability agent acts acted good faith simply test honesty sections act cover appointment agents section allows trustees person exercise functions agent section defining functions function powers distribute dispose trust assets fees payments appointing trustee duties section requires administrative function delegated special conditions satisfied section makes mandatory write sign policy agreement lays guidance function undertaken sections cover review agents liability trustees agents actions section identifies review liability occurs trustees agents nominees act similar provisions trust instrument section provides duty trustees delegate powers duty consisting elements firstly trustees required sure agent suitable job employed secondly required consider intervene appointment circumstances demand trustees required intervene appointment circumstances demand section establishes trustees liability actions agents trustee liable general duty care set section act sections deals trustees section states default position trustees entitled says trust instrument trustee acts professional capacity trust differ default act confirms recent developments common law old default position trustees entitled explicitly stated section goes non charitable professional trustees entitled reasonable sum court thinks work principles quantum automatic trustee corporation require consent trustees trustees natural persons section rules charitable trustee found statutory instrument drawn secretary state trustees trust fund authorised agents nominees properly appointed trustees long expenses incurred conducting affairs trust act repealed


known hospital case prosecution thomas criminal libel case initiated legal career thomas lieutenant governor hospital seamen facility injured seamen noted irregularities corruption hospital formally run earl sandwich official reporting problems failed bring reform hospital published pamphlet critical hospital officers alleging sandwich given appointments pay political debts sandwich ignored pamphlet ensured indicted criminal libel hired including newly called bar appeared lord court king bench november spoken announced court session resume morning continue night gave time needed present speech brief comment accused sandwich attack arguing merely duty attempting bring problems hospital public eye acting bad faith issues hospital acknowledged claimed royal_navy crippled abuses seamen longer willing risk lives fleet fail treat retirement successful having found guilty leaving court met standing ovation writes probably true single speech completely ensure professional success background hospital seamen provided medical care injured seamen injured sailors unable work ships directed admiral like ship port clinical facility residents wore navy uniforms food identical served vessels weekly pounds meat beer seamen received tobacco week time told number bells facility established royal charter led group commissioners captain thomas respected sailor retirement appointed lieutenant governor hospital found corruption breach hospital royal charter bring attention directors hospital hospital governors eventually lords commissioners admiralty failing receive satisfactory response power hospital published pamphlet detailing problems corruption gone far include denying food sailors publication pamphlet reflected badly earl sandwich time lord admiralty efforts gain votes pay political debts sandwich given positions hospital served sailors publicly ignored allegations sandwich ensured channels suspended job associates court king bench secure writ allowing sue criminal libel chance happened dinner friend thomas newly qualified royal_navy attended dinner unaware presence launched corrupt sandwich resolved counsel case morning received brief guinea initially thinking retained disappointed find murphy scheduled speak trial case prosecution criminal libel opened november lord lord chief justice court king bench prior counsel debating respond case murphy advocated negotiating settlement went trial urged argue case court eventually succeeded convincing right thing case opened address sir john scott solicitor general england wales followed long speeches murphy defending illness caused proceedings result darkness fallen time finished speaking lord announced dragging proceedings late night court session end evening resume morning chance speak recognised great opportunity present court following day exhausted said later blessed god illness returning morning counsel found packed court owing involvement lord sandwich significant political figures case received substantial publicity audience merely short statement remained obscurity taken opportunity write speech argued unlike charged libel merely duty disappointed informer official abuses men departments risk office cautioned growing heated subject sandwich court replied stating sandwich placed battle hopes escape shelter drag light dark scene argued sandwich responsible actions hospital officers respond denying responsibility restoring office disgrace rank traitor trust situation hospital allowed continue royal_navy crippled abuses seamen longer willing risk lives fleet fail reward good treatment retirement merely tried prevent happening deserved palace instead prison left hands judges case dismissed costs aftermath reaction trial speech tremendous leaving court given standing ovation attorneys present offered spot joseph reported court trance wrote probably true single speech completely professional success claimed received immediately trial result case undoubtedly victory lord chancellor ministry talents renowned excellent albeit unorthodox advocate sandwich remained office government fell hand reinstated hospital despite effort regain position events trial replicated episode law william depicted representing main antagonist arthur hill replacing lord sandwich