翻訳と辞書
Words near each other
・ Perettiite-(Y)
・ Peretu
・ Peretychikha
・ Peretz
・ Peretz (TV channel, Russia)
・ Peretz Bernstein
・ Peretz Centre for Secular Jewish Culture
・ Peretz Hirschbein
・ Peretz Kidron
・ Peretz Lavie
・ Peretz Markish
・ Peretz Naftali
・ Peretz P. Friedmann
・ Peretz Smolenskin
・ Peretz Square
Peretz v. United States
・ Pereulixia kosiensis
・ Pereute
・ Pereute callinira
・ Pereute leucodrosime
・ Pereute telthusa
・ Pereval
・ Perevalivka
・ Perevalne
・ Perevalny
・ Perevalsk
・ Perevalsk Raion
・ Pereverzev
・ Perevolochna
・ Perevolochna, Busk Raion


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Peretz v. United States : ウィキペディア英語版
Peretz v. United States

''Peretz v. United States'', was a Supreme Court of the United States case. The Court affirmed that a defendant in a federal criminal trial on a felony charge must affirmatively object to the supervising of jury selection by a magistrate judge, ruling that it is not enough that the defendant merely acquiesce to the magistrate's involvement in his case for a court to reverse a conviction for this reason.
The facts of the case are straightforward. Peretz and a co-defendant had been indicted on smuggling four kilograms of heroin into the United States. The district judge who oversaw the trial asked if there was any objection to a magistrate conducting the jury selection, and Peretz did not make an objection. The district judge conducted the actual trial. Peretz did not object to the magistrate conducting the jury selection until he reached the court of appeals. The court of appeals disagreed, reasoning that the Federal Magistrates Act required him to object specifically to the involvement of a magistrate judge in his case. Since Peretz had not objected in the district court to the magistrate's involvement in the jury selection, he had waived the objection.
==Consent allows the magistrate to act==
There exists a personal right for a litigant in federal court to insist on the involvement of a judge who has been appointed by the President and confirmed by the Senate in the manner contemplated by the Constitution.〔Commodity Futures Trading Commission v. Schor, .〕 However, the Federal Magistrates Act authorizes magistrate judges to undertake "additional duties" when the parties in a case consent. For magistrates to undertake their routine tasks is a great relief to federal courts in processing their caseloads. When the parties consent, magistrates may supervise entire misdemeanor trials. "These duties (supervising an entire trial ) are comparable in responsibility and importance to presiding over ''voir dire'' at a felony trial." Thus, supervising ''voir dire'' is one of the "additional duties" Congress authorized magistrate judges to undertake.

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「Peretz v. United States」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.