This topic contains a solution. Click here to go to the answer

Author Question: The government's use of extraordinary power: a. is only limited by necessity. b. is unlimited ... (Read 60 times)

bcretired

  • Hero Member
  • *****
  • Posts: 525
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?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

tanna.moeller

  • Sr. Member
  • ****
  • Posts: 328
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

  • Hero Member
  • *****
  • Posts: 525
Both answers were spot on, thank you once again




 

Did you know?

Elderly adults are at greatest risk of stroke and myocardial infarction and have the most to gain from prophylaxis. Patients ages 60 to 80 years with blood pressures above 160/90 mm Hg should benefit from antihypertensive treatment.

Did you know?

A recent study has found that following a diet rich in berries may slow down the aging process of the brain. This diet apparently helps to keep dopamine levels much higher than are seen in normal individuals who do not eat berries as a regular part of their diet as they enter their later years.

Did you know?

Though newer “smart” infusion pumps are increasingly becoming more sophisticated, they cannot prevent all programming and administration errors. Health care professionals that use smart infusion pumps must still practice the rights of medication administration and have other professionals double-check all high-risk infusions.

Did you know?

The first oncogene was discovered in 1970 and was termed SRC (pronounced "SARK").

Did you know?

The liver is the only organ that has the ability to regenerate itself after certain types of damage. As much as 25% of the liver can be removed, and it will still regenerate back to its original shape and size. However, the liver cannot regenerate after severe damage caused by alcohol.

For a complete list of videos, visit our video library