The word rap – referring originally to a mild form of rebuke (such as to rap one’s knuckles) – by the late 18th century referred to punishment or blame for serious offences. By the early 19th century, it entered American … Continue reading
Ian C. Pilarczyk
The 3rd Amendment states that “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” The British practice … Continue reading
The Equal Rights Amendment (ERA), which sought to guarantee equal rights for women, was originally introduced in Congress in 1923 but not submitted for ratification until 1972. It was ultimately ratified by 35 states (although some of these later rescinded … Continue reading
The 27th Amendment, which restricts Congressional power to set the salary of its members, took 203 years to ratify. Proposed as one of the original amendments to the Bills of Rights, it was not ratified until May of 1992. This was … Continue reading
A citizen’s arrest — an arrest by a non-law enforcement officer — is statutorily provided for in 49 states (North Carolina is the exception) where a citizen observes a felony being committed, or when a citizen is asked by a … Continue reading
Under the common law, a defendant who failed to enter a plea was subjected to peine fort et dure — pressing under heavy weights — until he or she either consented to plead or died by suffocation. In the U.S., … Continue reading
Circuit courts were first established under the reign of King Henry II of England in the mid-12th century, meant to supplement the royal courts in London by having judges travel the countryside (“riding circuit”) to hear cases. In the U.S., … Continue reading
The Alford plea is a form of alternative plea in which a defendant enters a plea of guilty but still asserts his or her innocence. The defendant entering an Alford plea acknowledges that sufficient evidence exists for the prosecution to … Continue reading
Eight states still have laws against adultery on the books, ranging from a $10 fine in Maryland to life in prison in Michigan. Massachusetts is one of those states; under MGL c. 272 s.14, adultery is punishable by imprisonment in … Continue reading
Until 1828 in the U.K., a wife killing her husband committed petty treason, not murder. The penalty was generally burning at the stake. … Continue reading
Related to my last blog entry on barratry and my ongoing fascination with obsolete and esoteric legal concepts, my current discussion topics are the concepts of champerty, maintenance, and the alluringly-titled concept of embracery. Barratry, as you may remember, has to do … Continue reading
As part of my upcoming series of blog entries devoted to legal concepts that are esoteric or have fallen into dissuse, my present topic is “barratry”, a common law term that is probably known to few but involves a concept … Continue reading