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fly 發問時間: 社會與文化語言 · 8 年前

請問這句英文的意思?It was held that a r

請問這句英文的意思?

It was held that a refusal to appoint counsel for an indigent defendant charged with a felony did not necessarily violate the Due Process Clause of the Fourteenth Amendment, which for reasons given the Court deemed to be the only applicable federal constitutional provision.

問題主要在which for reasons given the Court deemed to be the only applicable federal constitutional provision.,是什麼意思?

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3 個解答

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  • 8 年前
    最佳解答

    法律源於美國有名的case, Gideon v. Wainwright

    因為前面的句子只說 court ruled that not appointing an attorney in a criminal case where the defendant is poor and charged w/ felony does not violate 14 A, due process clause ( one should have rights to have access to procedural inquiry in court) 這是不對的(因為,Gideon Court held that every alleged criminal charged w felony is entitled to legal representation- ability to afford an attorney notwithstanding ) 所以後面要 加 explanation.

    Where+....(explain here)....Because American judicial system is divided into state and federal system, each state has its own laws. Further, each state has its own class or degree of felony counts based on its criminal code. Therefore, some state laws opt not to provide attorney to those who are charged with lesser felony counts.所以說only applicable to the federal provision. 只是 limit to federal constitution, not state constitution.

    Example. If u r poor and committed a felony and to be tried in a federal court, you will always get an attorney . But, if you were tried in a state court for felony, depending on the class of felony, u may or may not entitled to an attorney .

    參考資料:
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  • 8 年前

    …Due Process Clause of the Fourteenth Amendment, which for reasons given the Court deemed to be the only applicable federal constitutional provision.

    第十四修正案的正當途徑條款,根據所提供之理由,被法庭認定是聯邦憲法中唯一可循之規條。

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  • Al
    Lv 6
    8 年前

    I googled:

    the Due Process Clause of the Fourteenth Amendment, which, for reasons given, the Court deemed to be the only applicable federal constitutional provision.

    watch out for punctuations

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