Voices of the Death Penalty Debate: A Citizen's Guide to

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Among the opposing voters was Justice Stevens stated "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative.“ Although the Supreme Court overruled the Michigan Court of Appeals on federal law Michigan’s state law and 10 other states have found it illegal by there own state constitution. L. 104–208 provided that: “The amendments made by subsection (b) [enacting this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Sept. 30, 1996].” “(1) the practice of female genital mutilation is carried out by members of certain cultural and religious groups within the United States; “(2) the practice of female genital mutilation often results in the occurrence of physical and psychological health effects that harm the women involved; “(3) such mutilation infringes upon the guarantees of rights secured by Federal and State law, both statutory and constitutional; “(4) the unique circumstances surrounding the practice of female genital mutilation place it beyond the ability of any single State or local jurisdiction to control; “(5) the practice of female genital mutilation can be prohibited without abridging the exercise of any rights guaranteed under the first amendment to the Constitution or under any other law; and “(6) Congress has the affirmative power under section 8 of article I, the necessary and proper clause, section 5 of the fourteenth Amendment, as well as under the treaty clause, to the Constitution to enact such legislation.” .—Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction— (1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or (2) an offense under chapter 110A, shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years. .—In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

Pages: 328

Publisher: Vandeplas Publishing (May 18, 2010)

ISBN: 1600421083

Criminal Law and Procedure 7th Edition by John M. Scheb, John M. Scheb II [Hardcover]

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