compulsion definition

3070 results for compulsion definition

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  • Missouri Eighth Circuit Court Rejects State Courts' Definition of 'Forcible Compulsion'

    Defendant James Niederstadt didn't believe the evidence supported his sodomy conviction because he didn't have to force his 16-year- old victim - she was sleeping. And on Tuesday, after stints in every court available, the 8th U.S. Circuit Court of Appeals agreed, finding the Missouri Supreme Court violated Niederstadt's rights to due process by reversing an appellate court's reversal of his...

  • Calif. Murder Trial Hinges On Definition of Compulsion

    LOS ANGELES - The voice on the phone taunted police, "better catch me before I kill again," and described the location where officers could find the body. Jurors listened to the recordings in court Monday as Deputy District Attorney John Monaghan gave his opening statements in serial murder trial of Ivan Hill, who is charged with killing six women in 1993 and 1994 and dumping their...

  • Demanding Sex For Financial Support Is Upheld As 'Abuse' And May Be A Felony Of The Second Degree

    ... for a period of one year.  The Court paid particular attention to the "forcible compulsion" definition found at Section 3101 of the Crimes Code (title 18). There, forcible compulsion goes ...

  • On The Horizon For IFRS - April 5, 2013

    ... Additional guidance on constructive obligations and economic compulsion, to support the definition of liability. Measurement. Boundary ...

  • Victor Aguilar v. Atty Gen USA, (3rd Cir. 2011)

    ...] when the person engages in sexual intercourse with a complainant … by forcible compulsion.". 3 The definition of "aggravated felony" includes "a crime of violence (as ...

  • Miranda v. Arizona, 384 U.S. 436 (1966)

    ...Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the ...," intelligent within normal limits, competent to stand trial, and sane within the legal definition. At the police station, the victim picked Miranda out of a lineup, and two officers then took him ...

  • Fifth Amendment: Rights Of Persons

    ... to the Court, the issue turned upon a two-tiered analysis- "whether either the initial compulsion of the person to appear before the grand jury, or the subsequent directive to make a voice ... without indictment, even though the punishment exceeds that specified in the statutory definition of "petty offenses." . A person can be tried only upon the indictment as found by the grand jury, ...

  • USA v. Raul Dagoberto Contreras, (11th Cir. 2014)

    ... approach compels us to “look only at the fact of conviction and the statutory definition” to determine whether a conviction under the statute would necessarily constitute a crime of ... centrally denotes a species of force that either approximates the concept of forcible compulsion or, at least, does not embrace some of the assented-to-but-not-consented-to conduct at issue ...

  • Dixon v. United States, 548 U. S. (2006)

    ...We have observed that "[t]he definition of the elements of a criminal offense is entrusted to the legislature, particularly in the case of ... a man should be excused for those acts, which are done through unavoidable force and compulsion." 4 Commentaries *27. And it is in this "force and compulsion," acting upon the will, that the ...

  • Section 1: Legislative Powers

    ... information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed. All this was true before and when the Constitution was .... In upholding the delegation as applied to the pre-incorporation administrative definition, the Court explained that "[t]he statutory term 'excessive profits,' in its context, was a ...

  • Estelle v. Williams, 425 U.S. 501 (1976)

    ... an objection to the court as to being tried in such clothes negates the presence of the compulsion necessary to establish a constitutional violation. Nothing in the record here warrants a conclusion ...The end result of this definitional approach is to impute the effect of waiver to the failure of respondent or his counsel to apprise ...

  • Ethical taxpaying: how does a company ascertain the 'right amount of tax'?

    ...Thus, there is an element of compulsion inherent in all taxes and this would be reflected in any substantive definition of tax. . The ...

  • Section 2: Judicial Power and Jurisdiction

    ...Chief Justice Hughes once essayed a definition, which, however, presents a substantial problem of labels. "A 'controversy' in this sense must be ...Even then, however, the Court is under no compulsion to exercise its jurisdiction. Utilization of declaratory judgments to settle disputes and identify ...

  • Between the Rock and the Whirlpool: Compelled Statements by Public Employees

    The Garrity Rights doctrine protects public employees from being compelled to incriminate themselves in investigatory interviews with their employers. The Fifth Amendment to the US Constitution prohibits the government from compelling a person to incriminate themselves, and public workers are employees of the government itself; therefore they are protected from being compelled by their employer...

  • First Amendment: Religion And Free Expression

    ...The Establishment Clause . . . does not depend upon any showing of direct governmental compulsion and is violated by the enactment of laws which establish an official religion whether those laws ... For certain forms of expression for which protection is claimed, the Court engages in "definitional balancing" to determine that those forms are outside the range of protection. Balancing is in ...

  • 'So You Need an Appraisal?'

    Fair value (FV) is increasingly becoming a new standard in financial reporting, and many companies are being required to determine the fair value of some of their tangible and intangible assets. The use of fair value accounting has heightened awareness of how best to determine the new information, but there has been little knowledge transfer from professional valuation consultants that would...

  • Stogner v. California, 539 U.S. 607 (2003)

    ...A law which does not alter the definition of the crime but only revives prosecution does not make the crime "greater than it was, when ...See, e. g., Craies, Compulsion of Subjects to Leave the Realm, 6 L. Q. Rev. 388, 392 (1890) ("[B]anishment, perpetual or ...

  • USA v. Joel Herrera, (5th Cir. 2011)

    ... Date Filed: 07/13/2011 defendant was convicted under a statute following the generic definition with minor variations, or a statute narrower than the generic crime, the sentence enhancement may ...) Engages in sexual contact with the sex organs of another person by forcible compulsion; or (2) Engages in sexual contact of genitalia with another person who is ...

  • Constitutional Penumbras and Prophylactic Rights: The Right to Counsel and the 'Fruit of the Poisonous Tree'

    This Article argues that a non-coercive right to counsel violation under Miranda and Edwards does not implicate "fruit of the poisonous tree" suppression of evidence. A Miranda/Edwards violation takes place when a suspect in police custody invokes his right to counsel and the police subsequently initiate further conversation without making counsel available. The fruit of the poisonous...

  • Boumediene v. Bush, 553 U.S. (2008)

    ... §7(b)'s effective date provision undoubtedly applies to habeas actions, which, by definition, "relate to . . . detention" within that section's meaning. Petitioners argue to no avail that ... evidentiary privilege in a civil damages case where "there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interest of national security, should ...

  • Section 8: Powers of Congress

    ... by Congress might be so coercive as to pass the point at which "pressure turns into compulsion," but again the Court has never found a congressional condition to be coercive in this sense. .... Definition of Terms . Commerce .-The etymology of the word "commerce" carries the primary meaning of ...

  • Lyng v. Northwest Indian Cemetery Protective Assn., 485 U.S. 439 (1988)

    ... Free Exercise Clause affords an individual protection from certain forms of governmental compulsion; it does not afford an individual a right to dictate the conduct of the Government's internal ... language, it is noteworthy that Webster's includes, as one of the two accepted definitions of "prohibit," "to prevent from doing something." Webster's Ninth New Collegiate Dictionary 940 ...

  • Coercion, Compulsion, and the Medicaid Expansion: A Study in the Doctrine of Unconstitutional Conditions

    The Supreme Court's feverishly anticipated decision in National Federation of Independent Business v. Sebelius regarding the constitutionality of the Patient Protection and Affordable Care Act produced three main holdings concerning two critical provisions of the Act. Given the vast potential significance of the Court's holding on conditional spending and the manifest lack of clarity regarding...

  • Washington v. Glucksberg, 521 U.S. 702 (1997)

    ...727. formed under compulsion of the State." 505 U. S., at 851. Brief for Respondents 12. By choosing this language, the Court's ...Even assuming a fixed definition of that term, the State observes that it is not always possible to say with certainty how long a ...

  • Distribution of the 2000, 2001, 2002 and 2003 Cable Royalty Funds

    The Copyright Royalty Judges announce the final Phase II distribution of cable royalty funds for the years 2000, 2001, 2002 and 2003 for the Program Suppliers and Devotional programming categories.