Section 6 - Criminality of act or omission

4 Citing briefs

  1. MANRIQUEZ

    Petitioner’s Amended Petition for Writ of Habeas Corpus

    Filed January 10, 2008

    Although basic principles of equal protection, due process, and the right to counsel under the Sixth Amendment of the United States Constitution protect a defendant's right to effective assistance of counsel (see also Cal. Const., art. 1, §§ 7, 15, 16, and 17), international law also requires a trial court to ensure that these standards are met. 365 A172379801 I 856. Everyone arrested or detained — whether or not on a criminal charge — and everyone facing a criminal charge — whether or not detained — has the right to the assistance of legal counsel. Int'l Covenant on Civ. and Pol. Rights, art. 14, § 3(d), 999 U.N.T.S. 171; European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 6, 3, 213 U.N.T.S. 222, entered into force Sept. 3, 1953; Principle 1 of the Basic Principles on the Role of Lawyers, 1, U.N. Doc. A/CONF. 144/28/Rev.1 at 118 (1990). 857.

  2. PEOPLE v. PEREZ

    Appellant’s Opening Brief

    Filed September 13, 2012

    ) A number of humanrights instruments also provide that a state may not take a person’s life “arbitrarily.” (See, e.g., ICCPR,art. 6; American Convention on Human Rights, art. 4, 1144 U.N.T.S. 123; African Charter on Human and Peoples’ Rights, OAU Doc. CAB/LEG/67/3 rev. 5, 4 EHRR 417, 21 I.L.M. 58, art. 4.) In evaluating “arbitrary arrest and detention”(barred by Art. 9(1) ofthe ICCPR), the Human Rights Committee, relying on drafting history, concluded that “arbitrariness” is not to be equated with “against the law,” but must be interpreted more broadly to include elements of inappropriateness, injustice and lack of -346- predictability.

  3. Valentine et al v. NebuAd, Inc. et al

    MOTION to Dismiss for Lack of Jurisdiction Notice of Motion and Motion of Defendants CenturyTel and Embarq for Order Dismissing Them for Lack of Personal Jurisdiction and Failure to State a Claim; Memorandum in Support

    Filed January 30, 2009

    Penal Code § 502(a) (emphasis added). The Privacy Act is doubly clear: Its statement of intent emphasizes that the Act was “intend[ed] to protect the right of privacy of the people of this state,” Cal. Penal 6 That the California statutes do not apply extraterritorially dooms plaintiffs’ state-law conspiracy and aiding and abetting claims, too. Secondary liability may not be based solely on extraterritorial conduct under laws that lack extraterritorial effect.

  4. PEOPLE v. SATTIEWHITE (CHRISTOPHER)

    Appellant’s Opening Brief

    Filed July 18, 2008

    (See 18 RT 3216,3336,3340,3349; 3384,20 RT 3630-3 1,23 RT 4574; 2 SCT2 299-301.) -. Appellant also specifically objected to People's 5, 6, and 7, which also showed the victim lying in a pool of blood in the ditch where she was found. (1 1 RT 2 155-2 156.)