| 翻訳と辞書 |
| Vasquez v. Hillery ： ウィキペディア英語版 |
Vasquez v. Hillery
''Vasquez v. Hillery'', (474 U.S. 254 ) (1986) is a United States Supreme Court case. An African-American man named Booker T. Hillery was convicted for murder by a California grand jury in 1962. Hillery was first accused of stabbing fifteen-year-old girl named Marlene Miller with scissors in the small town of Hanford. Miller was said to be sewing a dress alone in the house and did not notice an intruder sneaking into the household. The perpetrator fought with the young woman and hogtied her and stabbed her into her chest. Deputies came on to the crime scene and with evidence and a witness, all fingers pointed to Booker T. Hillery who was also on parole for rape. Hillery pleaded he was innocent, but he was indicted of the crime either way in California. However, the conviction of the defendant was indicted by a grand jury from which members of his own race were systematically excluded and the defendant was singled out for murder due to his criminal past and race. This caused Booker T. Hillery to seek petitions for a retrial.
Hillery went through many courts for over 24 years to have his writ accepted. At last, he was able to file for a Habeas Corpus. A habeas corpus is a court order to summon a prisoner to hear from a prison official the reason why he or her was imprisoned for the prisoner's "belief of unlawful detention" with evidence against it. The Supreme Court accepted the petitioner's appeal due to suspicion of unlawful detention from Hillery's previous petitions in court. Afterwards they took into account the precedence because of the stare decisis doctrine, which judges are to not differ with previous decisions.〔(【引用サイトリンク】url=http://www.law.cornell.edu/wex/stare_decisis )〕 The majority opinion was that Booker T. Hillery was to be re-convicted. The court held that a jury excluded of blacks is different from a conviction void of the Equal Protection Clause and discrimination of the grand jury is harmless to the conviction. The clause was made into effect in 1868 by the Fourteenth Amendment,〔(【引用サイトリンク】url=http://www.law.cornell.edu/constitution/amendmentxiv )〕 which allowed equal protection under the law but does not apply to the jury. The court also held that there should be no time limit on how long a habeas corpus relief to a prisoner should take depending on the state's ability to obtain a second conviction as complained by the prosecutors in the case, and finally that the decision made was "supported, but not compelled by the stare decisis doctrine" and would change the law in a perceivable manner.
==Background==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Vasquez v. Hillery」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|