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Author Question: The government's use of extraordinary power: a. is only limited by necessity. b. is unlimited ... (Read 27 times)

bcretired

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The government's use of extraordinary power:
 
  a. is only limited by necessity.
  b. is unlimited and can be used for any length of time.
  c. can be used only when it is absolutely necessary and must be given up when the emergency is over.
  d. refers only to the use of the military.

Question 2

Describe the progress through direct appeal and collateral attack.
 
  What will be an ideal response?



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tanna.moeller

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Answer to Question 1

c

Answer to Question 2

After a guilty verdict in a trial court, whether from a judge or a jury, all jurisdictions
afford the defendant at least one statutory right to appeal. This statutory right to
appeal is usually only to an intermediate appellate court. After the appeal, having the
case considered further by the state supreme court or U.S. Supreme Court is largely
discretionary. After a state or U.S. Supreme Court hearing or denial of discretionary
appeal, a defendant can collaterally attack his/her conviction through a habeas
corpus proceeding.
Habeas corpus proceedings are noncriminal (civil) lawsuits and are considered
separate cases from the original criminal trial. In these new cases, the defendants in
the criminal case are now the plaintiffs or petitioners in the habeas corpus proceeding.
They petition the court for a writ on the grounds that they are being unlawfully
detained. These habeas corpus proceedings may initially be brought in a state court;
but after the state court procedures are exhausted, they can be brought in a United
States District Court. From an unsuccessful petition in U.S. District Court, the
defendant can appeal to a circuit court of appeals and ultimately ask the Supreme
Court to hear his/her case on a writ of certiorari.



bcretired

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Both answers were spot on, thank you once again




 

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