¶ … defendant entitled to dispute the courts characterization of him or her being a danger to society?
A defendant is certainly entitled to dispute the courts characterization of him or her as being dangerous to society. This is so because everyone has the right to a fair trial. This is one of the essentials of the American Constitution.
The Universal Declaration of Human Rights (UDHR), in fact, insists that all are presumed innocent until proven guilty and that extensive care should be taken to ensure that the court has arrived at the correct decision. In that case, it only makes sense that the defendant -- who is, after all the focus of the case - should dispute the court's characterization of her if she thinks it necessary to do so.
Articles 6, 7, 8 and 11 all tell her to do so, but the key injunction lies in Article 10 which states that:
"Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him." (United Nations. "Universal declaration...
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now