title: Ascites

text: Ascites is detected with physical examination of the abdomen by visible bulging of the flanks in the reclining person ("flank bulging"), "shifting dullness" (difference in percussion note in the flanks that shifts when the person is turned on the side), or in massive ascites, with a "fluid thrill" or "fluid wave" (tapping or pushing on one side will generate a wave-like effect through the fluid that can be felt in the opposite side of the abdomen).


title: Ascites

text: Other signs of ascites may be present due to its underlying cause. For instance, in portal hypertension (perhaps due to cirrhosis or fibrosis of the liver) people may also complain of leg swelling, bruising, gynecomastia, hematemesis, or mental changes due to encephalopathy. Those with ascites due to cancer (peritoneal carcinomatosis) may complain of chronic fatigue or weight loss. Those with ascites due to heart failure may also complain of shortness of breath as well as wheezing and exercise intolerance.


title: Ascites

text: Complications may include spontaneous bacterial peritonitis, hepatorenal syndrome, and thrombosis. Portal vein thrombosis and splenic vein thrombosis involve clotting of blood affects the hepatic portal vein or varices associated with splenic vein. This can lead to portal hypertension and a reduction in blood flow. When a person with liver cirrhosis has thrombosis, it is not possible to perform a liver transplant, unless the thrombosis is very minor. In case of minor thrombosis, there are some chances of survival using cadaveric liver transplant.


title: Ascites

text: Routine complete blood count (CBC), basic metabolic profile, liver enzymes, and coagulation should be performed. Most experts recommend a diagnostic paracentesis be performed if the ascites is new or if the person with ascites is being admitted to the hospital. The fluid is then reviewed for its gross appearance, protein level, albumin, and cell counts (red and white). Additional tests will be performed if indicated such as microbiological culture, Gram stain and cytopathology.


title: Ascites

text: The serum-ascites albumin gradient (SAAG) is probably a better discriminant than older measures (transudate versus exudate) for the causes of ascites. A high gradient (> 1.1 g/dL) indicates the ascites is due to portal hypertension. A low gradient (< 1.1 g/dL) indicates ascites of non-portal hypertensive as a cause.


title: Ascites

text: Ultrasound investigation is often performed prior to attempts to remove fluid from the abdomen. This may reveal the size and shape of the abdominal organs, and Doppler studies may show the direction of flow in the portal vein, as well as detecting Budd-Chiari syndrome (thrombosis of the hepatic vein) and portal vein thrombosis. Additionally, the sonographer can make an estimation of the amount of ascitic fluid, and difficult-to-drain ascites may be drained under ultrasound guidance. An abdominal CT scan is a more accurate alternate to reveal abdominal organ structure and morphology.


title: Ascites

text: Roughly, transudates are a result of increased pressure in the hepatic portal vein (>8 mmHg, usually around 20 mmHg (e.g., due to cirrhosis), while exudates are actively secreted fluid due to inflammation or malignancy. As a result, exudates are high in protein and lactate dehydrogenase and have a low pH (<7.30), a low glucose level, and more white blood cells. Transudates have low protein (<30 g/L), low LDH, high pH, normal glucose, and fewer than 1 white cell per 1000 mm. Clinically, the most useful measure is the difference between ascitic and serum albumin concentrations. A difference of less than 1 g/dl (10 g/L) implies an exudate.


title: Ascites

text: Portal hypertension plays an important role in the production of ascites by raising capillary hydrostatic pressure within the splanchnic bed.


title: Ascites

text: Regardless of the cause, sequestration of fluid within the abdomen leads to additional fluid retention by the kidneys due to stimulatory effect on blood pressure hormones, notably aldosterone. The sympathetic nervous system is also activated, and renin production is increased due to decreased perfusion of the kidney. Extreme disruption of the renal blood flow can lead to hepatorenal syndrome. Other complications of ascites include spontaneous bacterial peritonitis (SBP), due to decreased antibacterial factors in the ascitic fluid such as complement.


title: Ascites

text: Ascites is generally treated while an underlying cause is sought, in order to prevent complications, relieve symptoms, and prevent further progression. In people with mild ascites, therapy is usually as an outpatient. The goal is weight loss of no more than 1.0 kg/day for people with both ascites and peripheral edema and no more than 0.5 kg/day for people with ascites alone. In those with severe ascites causing a tense abdomen, hospitalization is generally necessary for paracentesis.


title: Ascites

text: Salt restriction is the initial treatment, which allows diuresis (production of urine) since the person now has more fluid than salt concentration. Salt restriction is effective in about 15% of these people. Water restriction is needed if serum sodium levels drop below 130 mmol L.


title: Ascites

text: Since salt restriction is the basic concept in treatment, and aldosterone is one of the hormones that acts to increase salt retention, a medication that counteracts aldosterone should be sought. Spironolactone (or other distal-tubule diuretics such as triamterene or amiloride) is the drug of choice since they block the aldosterone receptor in the collecting tubule. This choice has been confirmed in a randomized controlled trial. Diuretics for ascites should be dosed once per day. Generally, the starting dose is oral spironolactone 100 mg/day (max 400 mg/day).


title: Ascites

text: 40% of people will respond to spironolactone. For nonresponders, a loop diuretic may also be added and generally, furosemide is added at a dose of 40 mg/day (max 160 mg/day), or alternatively (bumetanide or torasemide). The ratio of 100:40 reduces risks of potassium imbalance. Serum potassium level and renal function should be monitored closely while on these medications.


title: Ascites

text: Monitoring diuresis: Diuresis can be monitored by weighing the person daily. The goal is weight loss of no more than 1.0 kg/day for people with both ascites and peripheral edema and no more than 0.5 kg/day for people with ascites alone.


title: Ascites

text: If daily weights cannot be obtained, diuretics can also be guided by the urinary sodium concentration. Dosage is increased until a negative sodium balance occurs. A random urine sodium-to-potassium ratio of > 1 is 90% sensitivity in predicting negative balance (> 78-mmol/day sodium excretion).


title: Ascites

text: Diuretic resistance: Diuretic resistance can be predicted by giving 80 mg intravenous furosemide after 3 days without diuretics and on an 80 mEq sodium/day diet. The urinary sodium excretion over 8 hours < 50 mEq/8 hours predicts resistance.


title: Ascites

text: If the person exhibits a resistance or poor response to diuretic therapy, ultrafiltration or aquapheresis may be needed to achieve adequate control of fluid retention and congestion. The use of such mechanical methods of fluid removal can produce meaningful clinical benefits in people with diuretic resistance and may restore responsiveness to conventional doses of diuretics.


title: Ascites

text: In those with severe (tense) ascites, therapeutic paracentesis may be needed in addition to medical treatments listed above. As this may deplete serum albumin levels in the blood, albumin is generally administered intravenously in proportion to the amount of ascites removed.


title: Ascites

text: Ascites that is refractory to medical therapy is considered an indication for liver transplantation. In the United States, the MELD score (online calculator) is used to prioritize people for transplantation.


title: Ascites

text: In a minority of people with advanced cirrhosis that have recurrent ascites, shunts may be used. Typical shunts used are portacaval shunt, peritoneovenous shunt, and the transjugular intrahepatic portosystemic shunt (TIPS). However, none of these shunts has been shown to extend life expectancy, and are considered to be bridged to liver transplantation.


title: Ascites

text: A meta-analysis of randomized controlled trials by the international Cochrane Collaboration concluded that "TIPS was more effective at removing ascites as compared with paracentesis...however, people with TIPS develop hepatic encephalopathy significantly more often".


title: Ascites

text: Another potential treatment option for patients with refractory/malignant ascites is the alfapump, (automated low flow ascites pump) which is an implantable device that removes ascites out of the peritoneal cavity and transports it via the pump into the bladder, where it passed naturally from the body through urination.


title: Ascites

text: Exudative ascites generally does not respond to manipulation of the salt balance or diuretic therapy. Repeated paracentesis and treatment of the underlying cause is the mainstay of treatment.


title: Ascites

text: It has been suggested that ascites was seen as a punishment especially for oath-breakers among the Proto-Indo-Europeans. This proposal builds on the Hittite military oath as well as various Vedic hymns (RV 7.89, AVS 4.16.7). A similar curse dates to the Kassite dynasty (12th century BC).


title: Legal status of fictional pornography depicting minors

text: Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real children to create pornographic material. Virtual child pornography depicts purely-fictional characters (for example, "lolicon" manga). "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.


text: Some analysts have argued whether or not cartoon pornography that depicts minors is a victimless crime. Laws have been enacted to criminalize "obscene images of children, no matter how they are made", typically under the belief that such materials may incite real-world instances of child sex abuse. Currently, countries that have made it illegal to possess (as well as create and distribute) sexual images of fictional characters who are described as or appear to be under eighteen years old include New Zealand, Australia, Canada, South Africa, South Korea, and the United Kingdom. The countries listed below exclude those that ban any form of pornography, and assume a ban on real child pornography by default.


text: All sexualized depictions of people under the age of 18 are illegal in Australia, and there is a "zero-tolerance" policy in place.


text: In December 2008, a man from Sydney was convicted of possessing child pornography after sexually explicit pictures of child characters from "The Simpsons" were found on his computer. The NSW Supreme Court upheld a Local Court decision that the animated "Simpsons" characters "depicted", and thus "could be considered", real people. Controversy arose over the perceived ban on small-breasted women in pornography after a South Australian court established that if a consenting adult in pornography were "reasonably" deemed to look under the age of consent, then they could be considered depictions of child pornography. Criteria described stated "small breasts" as one of few examples, leading to the outrage. Again, the classification law is not federal or nationwide and only applies to South Australia.


text: Canadian laws addressing child pornography are set out in Part V of the Canadian "Criminal Code", dealing with Sexual Offences, Public Morals and Disorderly Conduct: Offences Tending to Corrupt Morals. Section 163.1 of the Code, enacted in 1993, defines child pornography to include "a visual representation, whether or not it was made by electronic or mechanical means", that "shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity", or "the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years". The definitive Supreme Court of Canada decision, "R. v. Sharpe", interprets the statute to include purely fictional material even when no real children were involved in its production.


text: There have been at least three major cases brought up against the possession of fictional pornography within the last two decades. In April 2010 visiting American citizen Ryan Matheson (aka Brandon X) was arrested in Ottawa for bringing erotica based on Lyrical Nanoha. By October 2011 he was charged with possession and importation of child pornography and faced a minimum of 1 year in prison. The next case occurred in 2014 where a man from Nova Scotia was sentenced to 90 days after pleading guilty of possessing mostly anime images. Roy Franklyn Newcombe, 70, pleaded guilty to the charge after a NSCAD student found a USB thumb drive with sexually explicit images and videos at a computer lab in April 2014. There was no indication the images involved local people or had been manufactured by Newcombe. Most of the 20 images were anime, although a few appeared to be of real girls between five and 13 years old. The most recent case occurred in Alberta when on February 19, 2015 the Canada Border Services Agency intercepted a parcel and arrested its recipient on March 27. Based on the box art of a sculpture being shipped to him, four charges were pressed: possession/distribution, mailing obscene matter and smuggling prohibited goods. These charges were withdrawn as part of a plea deal when the accused agreed to a peace bond.


text: The possession, storing, fabrication or distribution of child pornography or any other kind of sexually explicit pedophilic material, including fictional child pornography (drawn, written, animated, etc.), is illegal under Ecuadorian law.


text: The Supreme Court of South Korea ruled in November 8, 2019 that sexually explicit anime and manga depicting minors are child pornography, overturning a previous decision by a lower court.


text: According to "The Korea Herald", this decision was made as a result of the prosecution of a 45-year-old man, known only by his surname "Lim". Lim had previously been arrested and convicted for illegally sharing pornography for profit between May 2010 and April 2013. Though Lim was sharing adult animations depicting teenage characters, Lim was initially found guilty solely of sharing pornography for personal profit by both the first and high courts. The court found it unreasonable to convict Lim of disseminating child pornography based on the schoolgirl uniforms and young appearance of the characters featured in the animations. Lim was fined ₩5,000,000 ($4,300 USD) for this conviction. However, the South Korean Supreme Court overturned this previous ruling, declaring that these characters were underage "in the perspective of a common individual of our society".


text: Fictional child pornography of any form (drawn, written etc.) is illegal in Estonia per article 178 of the Penal Code. This law does not apply to Estonian citizens who legally commit the offense abroad and as of 2021 nobody has yet been charged for fictional child pornography. Precedent exists to exclude written material with literary value ("literary work" and "pornographic work" are defined differently under law), while current law remains unclear on visual art of artistic value like classical painting or manga as no precedent exists. Real pornography with underage-looking adult actors remains technically legal.


text: Since a reform of the French penal code, introduced in 2013, producing or distributing drawings that represent a minor aged less than 15 years old is considered the same as producing real child pornography and is punishable by up to five years' imprisonment and a €75,000 fine, even if the drawings are not meant to be distributed.


text: Virtual child pornography is illegal in Ireland per the Child Trafficking and Pornography Act of 1998 which includes "any visual representation". The country has strict laws when it comes to child abuse material, even if it doesn't contain any "real children".


text: Virtual child pornography is punished with up to a third of the sanctions for real-life child pornography. Virtual images include images, or parts of images, produced and modified with software from actual photos of minors, where the quality makes it so that fake situations are manipulated to appear realistic. Under this law, fictional child pornography is also considered illegal.


text: All forms of child pornography are illegal in Mexico, including fictional drawings, with prison sentences ranging from six months to 12 years depending on the felon's age.


text: In New Zealand, the Films, Videos, and Publications Classification Act 1993 classifies a publication as "objectionable" if it "promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes". Making, distribution, import, or copying or possession of objectionable material for the purposes of distribution are offences punishable (in the case of an individual) by a fine of up to NZ$10,000 on strict liability, and ten years in prison if the offence is committed knowingly.


text: In December 2004, the Office of Film and Literature Classification determined that "Puni Puni Poemy"—which depicts nude children in sexual situations, though not usually thought of as pornographic by fans—was objectionable under the Act and therefore illegal to publish in New Zealand. A subsequent appeal failed, and the series remains banned.


text: In April 2013, Ronald Clark was jailed for possession of anime that depicts sex between elves, pixies, and other fantasy creatures. It was ruled as obscene and he was jailed for three months following the trial. Clark was previously convicted for indecently assaulting a teenage boy and his lawyer noted that ethical issues complicated the case.


text: As of 2004, the Norwegian penal act criminalizes any depictions that "sexualize" children, even if it does not actually show sexual acts with children. This could include any artificially produced material, including written text, drawn images, animation, manipulated images, an adult model with childish clothes, toys, or surroundings.


text: The penal act has been applied to drawn images described as "hentai-images" in Agder Court of Appeal with the following remarks:


text: Another judgment on possession of 300 to 400 drawings downloaded from the Internet described as Japanese lolicon hentai has the following remarks:


text: Since the 2008 amendment to the Polish Penal Code, simulated child pornography has been forbidden in Poland. Article 202 § 4b penalizes the production, dissemination, presentation, storage or possession of pornographic content depicting the created or processed image of a minor under the age of 18 participating in a sexual activity. The perpetrator shall be subject to a fine, the penalty of restriction of liberty or deprivation of liberty for up to 2 years.


text: This law faced criticism from legal experts. Maciej Wrześniewski questioned the legitimacy of this article, arguing that "it is not possible to unquestionably confirm the age of a depicted person—since such a person does not in fact exist". This opinion was shared by Maciej Szmit, who called the whole article "unfortunately worded". According to the Polish prosecution authorities, if the age of a depicted person is in question, a court may appoint anthropological experts to determine it.


text: From 2008 to 2016, there were 12 people found guilty under Article 202 § 4b (as a primary crime). It is unknown in how many cases, if any, the judgment concerned drawn pornography, as this law is also used for pseudo-photographic child pornography, such as when photographs of children's faces are pasted onto sexually explicit images of adults' bodies.


text: One of the cases where the discussed Article 202 § 4b of Polish Penal Code was used in court was the case of a painter Krzysztof Kuszej. In 2011, Kuszej was charged with committing a number of prohibited acts, including "presenting processed images of minors engaging in sexual acts with intent to sell on an online auction website". 21 pieces of artwork depicting sexual acts between children and priests were secured from the artist's studio. The artist argued in court, that his art is a social commentary on subject of Catholic Church sexual abuse cases, and his artistic measures were adequate for the problem. The expert witness in art history commissioned by the court, Dr Izabela Kowalczyk, stated that these works were art rather than pornography. According to the expert, Kuszej's images do not seduce viewers and their message against child sexual abuse is apparent. Contrary to the expert witness's opinion, the court ruled that the defendant's works did indeed include pornographic content involving minors. However, according to the court, the artist's intent was not to promote the presentation of such content, but only to showcase his position on the condemnation of child sexual abuse. The court found that the artist did not identify his work with child pornography or its dissemination. The defendant could not be proven guilty of committing the crime intentionally, and the court acquitted him of all charges.


text: Paragraph 1 of Article 242.1 of the Criminal Code of the Russian Federation makes it illegal to create, acquire, store, and/or move across the Russian border (including through the Internet) pornographic pictures of minors for the purpose of distribution. This law also applies to drawings depicting minors, as in January 2019 a court in Bryansk sentenced a woman to three years in prison for posting erotic drawings on her webpage.


text: With the promulgation of the Films and Publications Amendment Bill in September 2003, a broad range of simulated child pornography became illegal in South Africa. For the purposes of the act, any image or description of a person "real or simulated" who is depicted or described as being under the age of 18 years and engaged in sexual conduct, broadly defined, constitutes "child pornography". Under the act, anyone is guilty of an offence punishable by up to ten years' imprisonment if he or she possesses, creates, produces, imports, exports, broadcasts, or in any way takes steps to procure or access child pornography.


text: "Pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances" showing "non-genuine sexual acts with minors" are illegal according to art. 197 of the Swiss Criminal Code and liable to a custodial sentence not exceeding three years or to a monetary penalty. Purely fictional virtual child pornography—in this case, drawings and paintings— seemed to remain legal by Swiss law. New cases however complicate the matter, as contrary to the previous case a man was found guilty and fined under this law in 2021. Though it is noteworthy that he possessed real images as well. In addition, the expert body of the Swiss Crime Prevention states that even depictions in comics and mangas would be illegal under the current law.


text: The Coroners and Justice Act of April 2009 (c. 2) created a new offence in England, Wales, and Northern Ireland of possession of a prohibited image of a child. This act makes cartoon pornography depicting minors illegal in England, Wales, and Northern Ireland. Since Scotland has its own legal system, the Coroners and Justice Act does not apply. This act did not replace the 1978 act, extended in 1994, since that covered "pseudo-photographs"—images that appear to be photographs. In 2008 it was further extended to cover tracings and other works derived from photographs or pseudo-photographs. A prohibited cartoon image is one which involves a minor in situations which are pornographic and "grossly offensive, disgusting or otherwise of an obscene character".


text: Prior to this, although not explicitly in the statutes, the law was interpreted to apply to cartoon images, though only where the images are realistic and indistinguishable from photographs. The new law, however, covered images whether or not they are realistic.


text: In 2006 the government was giving close consideration to the issues and options regarding cartoon pornography, according to Vernon Coaker. On December 13, 2006 UK Home Secretary John Reid announced that the Cabinet was discussing how to ban computer-generated images of child abuse—including cartoons and graphic illustrations of abuse—after pressure from children's charities. The government published a consultation on April 1, 2007, announcing plans to create a new offence of possessing a computer-generated picture, cartoon or drawing with a penalty of three years in prison and an unlimited fine.


text: The children's charity NCH stated that "this is a welcome announcement which makes a clear statement that drawings or computer-generated images of child abuse are as unacceptable as a photograph". Others stated that the intended law would limit artistic expression, patrol peoples' imaginations, and that it is safer for pedophiles' fantasies "to be enacted in their computers or imaginations [rather] than in reality".


text: The current law was foreshadowed in May 2008, when the Government announced plans to criminalise all non-realistic sexual images depicting under-18s. These plans became part of the Coroners and Justice Act 2009, sections 62–68, and came into force on April 6, 2010. The definition of a "child" in the Act included depictions of 16- and 17-year-olds who are over the age of consent in the UK, as well as any adults where the "predominant impression conveyed" is of a person under the age of 18. The Act made it illegal to own any picture depicting under-18s participating in sexual activities, or depictions of sexual activity in the presence of someone under 18 years old. The law was condemned by a coalition of graphic artists, publishers, and MPs, who feared it would criminalise graphic novels such as "Lost Girls" and "Watchmen".


text: The government claimed that publication or supply of such material could be illegal under the Obscene Publications Act, if a jury would consider it to have a tendency to "deprave and corrupt". However, the published bill made no reference to the "deprave and corrupt" test.


text: In October 2014, Robul Hoque was convicted of possessing up to 400 explicit manga images involving fictional children, in the UK's first prosecution of its kind. He received a 9-month suspended sentence. He was also warned in court that had he been in possession of actual child pornography, he would have been sentenced to jail for a longer term in years.


text: Real child porn is illegal, considered to be any records of "any situation that involves a child or adolescent in explicit, real or simulated sexual activities, or the display of the genital organs of a child or adolescent for primarily sexual purposes." The adjectives "real" and "simulated" (used in the plural by the rule in art. 241-E of the code of minors) refer to the explicit sexual activities represented, and not to the child or adolescent (if real or fictional product). In other words, what the law sanctions is the participation, real or simulated (through, for example, the use of photomontage technique), of a real child or adolescent in a scene with explicit sexual content. However, drawings and other unrealistic graphic representations of fictional children no matter how offensive including pornography of the subgenre of Japanese manga/hentai lolicon and shotacon are legal and not a criminal offense.


text: The Supreme Court of Justice of Colombia ruled in 2018 that "artificial child pornography" is not a crime. This applies to non nude photographs, drawings, animation, and situations that do not involve actual abuse. The penal code was modified afterwards by adding the word "real" when referring to representations.


text: There are no laws in Denmark which prohibit pornographic drawings of children. Results of a Danish government study done in 2012 failed to show how reading cartoons depicting child pornography will lead to actual child abuse.


text: Producing and distributing pornography which realistically or factually depicts a child—basically photographic images—is illegal in Finland and punishable by a fine or up to two years' imprisonment. Possession of such pornography is punishable by a fine or imprisonment for up to one year.


text: Realistic and factual visual depiction of a child appearing in sexual acts is defined as it having "been produced in a situation in which a child has actually been the object of sexually offensive conduct and realistic, if it resembles in a misleading manner a picture or a visual recording produced through photography or in another corresponding manner of a situation in which a child is the object of sexually offensive conduct".


text: Purely fantasy-based virtual child pornography—in this case, drawings and paintings—remains legal by Finnish law because it has no connection to a real abuse situation; also, such depictions may serve informational or artistic purposes which can make even reality-based images legal.


text: In principle, the regulations in Chapter 13 of the German Criminal Law for offenses against sexual self-determination also prevent the public advocation and the degradation of minors as sexual objects. The distribution of child pornography, defined as pornography relating to "sexual acts performed by, on or in the presence of a person under 14 years of age (child), the reproduction of a child in a state of full or partial undress in an unnaturally sexual pose, or the sexually provocative reproduction of a child's bare genitalia or bare buttocks," is criminalized with a penalty of imprisonment. However, with regards to possession, only material depicting actual or realistic acts is criminalized. For reproductions of persons over 14 but under 18 years (youth pornography), the penalty for distribution is imprisonment or a fine.


text: Nevertheless, due to the guaranteed freedom of art, fictional works were officially deemed legal or can be checked by a legal opinion. According to German legal information websites, acquisition and possession of fictional pornography depicting minors where it is immediately apparent that the content is purely of fictional nature, such as cartoons and comics or anime and manga, are not prosecuted against unless it is not readily distinguishable whether the depiction is computer generated or real. The Federal Government also made it clear that the criminal offense "should remain limited" to cases "in which an actual event is reproduced through video film, film or photo". On the other hand, it did not regard the sanction of the regulation as fulfilled in the case of "child pornographic novels, drawings and cartoons", because their possession did not contribute to children being abused as "actors" in pornographic recordings.


text: Pornographic art depicting fictional underage characters ("lolicon", "shotacon") is legal in Japan. The last law proposed against it was introduced on May 27, 2013 by the Liberal Democratic Party, the New Komei Party and the Japan Restoration Party that would have made possession of sexual images of individuals under 18 illegal with a fine of 1 million yen (about US$10,437) and less than a year in jail. The Japanese Democratic Party, along with several industry associations involved in anime and manga protested against the bill saying "while they appreciate that the bill protects children, it will also restrict freedom of expression". The law was ultimately passed in June 2014 after the regulation of "lolicon" anime/manga was removed from the bill. This new law went into full effect in 2015 banning real life child pornography.


text: Supporters of regulating simulated pornography in Japan claim to advocate human rights and children's rights such as the "Convention on the Rights of the Child". Opponents such as the also claim to advocate for the rights of children, pointing out the decreasing numbers in sexually motivated crimes are due to simulated materials providing an outlet to those who would otherwise seek material depicting actual children. Arguments made against a ban include manga creator and artist Ken Akamatsu who stated that "There is also no scientific evidence to prove that so-called 'harmful media' increases crime". The definitions of "obscenity", specifically written in law as ""arouses or stimulates the viewer's sexual desire"", have also been argued as ambiguous.


text: On October 1, 2002, the Netherlands introduced legislation ("" 470) which deemed "virtual child pornography" illegal. The laws appear to only outlaw "Three-dimensional, realistic images representing a minor engaged in a sexually explicit conduct".


text: In a 2010 case, after viewing the images in question, which were created on a computer, the court opined that the virtual child pornography images did not fall under criminal law. "All images can be termed as pornographic (three dimensional) cartoons, animations, or drawings. The court concludes that it is immediately obvious to the average viewer that the event is not real and that the images are manipulated images and not realistic."


text: In 2013, the Supreme Court of the Netherlands rules that "a realistic depiction of a non-existent child in the sense that the depiction is indistinguishable from real" is illegal, but that when "the persons depicted are 'not real children' and that for 'the average viewer (and also children) (...) it soon becomes apparent that these are manipulated images'," such depictions are not illegal.


text: As of September 1, 2018, the Dutch criminal law punishes "anyone who spreads, sells, openly exhibits, manufactures, imports, transports, exports, acquires, possesses, or accesses by means of an automated system or using a communication service an image (or data carrier containing an image) depicting sexual conduct, in which someone knowingly under the age of 18, is involved (or appears to be involved)" with a prison sentence of up to 4 years or a fine in the fifth category (up to €82,000).


text: Possession of child pornography is illegal in Argentina with prison sentences between three and six years. Before a modification on the Penal Code was promulgated on 23 April 2018, the law did not prohibit the mere possession, but other activities such as production, financing, trading, and distribution were punishable by imprisonment ranging from 6 months to 4 years. The law is unclear though when it comes to drawings or artistic representations.


text: Photorealistic (lit. "close to reality") depictions are prohibited, and are treated as regular child pornography. The definition of "reality" as with other countries that cite the same reasoning is not defined.


text: Spain allows drawn pornography which does not resemble real children, including cartoons, manga or similar representations, as the law does not consider them to be properly 'realistic images'. The Attorney General's Office considers that only extremely realistic images should be pursued. "In order to avoid undue extensions of the concept of child pornography, the concept of 'realistic images' must be interpreted restrictively. According to the Dictionary of the Royal Spanish Academy 'realist' means that which 'tries to adjust to reality'. Therefore, 'realistic images' will be images close to the reality which they try to imitate. However, too realistic image, even painting, is strictly prohibited due to the law of European Union, this can be understood as images can not be distinguished from children in reality by normal people. Therefore having realistic simulation materials that showing child porn, such as simulation pictures or videos, will be encountered penalty.


text: Any images or videos that depict children in a pornographic context are to be considered child pornography in Sweden, even if they are drawings. A "child" is defined as a “person” who is either under the age of 18 or who has not passed puberty.


text: These laws have been recorded in the media being put into play in Uppsala: the district court punished a man with a monetary fine and probation for possession of manga-style images. This was appealed and taken to the Court of Appeal. In court, Judge stated that a "person" (as in the definition of a "child") is a human being. The man possessing the illustrations, as well as his lawyer, stated that a comic character is not a person (a comic character is a comic character and nothing else) and that a person does not have cat ears, giant eyes, or a tail and that a person has a nose. Some of the pictures featured illustrations of characters with these unusual body parts. The prosecutor and an expert on child pornography argued that these body parts had no effect and that the comic characters indeed were persons. As examples of what is not a person, the child pornography expert mentioned "The Simpsons" and Donald Duck. The Court of Appeal upheld the former verdict, for 39 of the 51 pictures, and the monetary fine was reduced. It was immediately further appealed to the Supreme Court. While the Prosecutor General agreed with the verdict of the Court of Appeal, he still recommended that the Supreme Court hear the case, to clarify the issue, and the Supreme Court decided to do so. On June 15, 2012, the Supreme Court found him not guilty. They decided that the images were not realistic and could not be mistaken for real children, and that they therefore could not be counted as exceptions to the constitutional law of freedom of speech. One picture was still considered realistic enough to be defined as child pornography according to Swedish law. However, his possession of it was considered defensible through his occupation as a professional expert of Japanese culture, particularly manga.


text: In the United States, pornography is generally protected as a form of personal expression, and thus governed by the First Amendment to the Constitution. Where pornography ceases to be protected expression is when it fails the Miller obscenity test, as the Supreme Court of the United States held in 1973 in "Miller v. California". Another case, "New York v. Ferber" (1982), held that if pornography depicts real child abuse or a real child victim, as a result of photographing a live performance for instance, then it is not protected speech (regardless of whether the material is obscene under the test).


text: In 1996, U.S. Congress introduced the Child Pornography Prevention Act of 1996 (CPPA) to update the types of pornographic media featuring minors considered illegal under U.S. federal law. In 2002, the United States Supreme Court ruled in "Ashcroft v. Free Speech Coalition" that two provisions of the CPPA were facially invalid due to being overbroad in banning materials that are neither obscene under "Miller", nor produced via the exploitation of real children as in "Ferber". In doing so, the case also reaffirmed "Ferber" while acknowledging the state of things under "Miller".


text: In response to "Ashcroft v. Free Speech Coalition", Congress passed the PROTECT Act of 2003 (also dubbed the "Amber Alert Law") which was signed into law on April 30, 2003, by President George W. Bush. The PROTECT Act adjusted its language to meet the parameters of the "Miller", "Ferber", and "Ashcroft" decisions. The Act was careful to separate cases of virtual pornography depicting minors into two different categories of law: Child pornography law and obscenity law. In regards to child pornography law, the Act modified the previous wording of "appears to be a minor" with "indistinguishable from that of a minor" phrasing. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults." Furthermore, there exists an affirmative defense to a child pornography charge that applies if the depiction was of a real person and the real person was an adult (18 or over) at the time the visual depiction was created, or if the visual depiction did not involve any actual minors (see subsection "c", parts 1 and 2, of 18 U.S.C. 2252A). This affirmative defense does not apply to child pornography created via morphing, namely depictions "created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct (see section (8)(c) of 18 U.S.C. 2256).


text: "Section 1466A of Title 18, United States Code, makes it illegal for any person to knowingly produce, distribute, receive, or possess with intent to transfer or distribute visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct and are deemed obscene."


text: Thus, virtual and drawn pornographic depictions of minors may still be found illegal under U.S. federal obscenity law. The obscenity law further states in section C "It is not a required element of any offense under this section that the minor depicted actually exist."


text: Laws governing non-child pornography are guided by the Miller standard, a three-prong test used by courts to dictate obscenity according to the "average person's" point of view of the standards of the community as well as state law. The parts follow: "appeals to prurient interests", "depicts or describes, in a patently offensive way, sexual conduct" as described by law, and "taken as a whole, lack serious literary, artistic, political, or scientific value." Materials that fall within all three prongs may be declared obscene in a court of law.


text: By the statute's own terms, the law does not make all fictional child pornography illegal, only that found to be obscene or lacking in serious value. The mere possession of said images is not a violation of the law unless it can be proven that they were transmitted through a common carrier, such as the mail or the Internet, transported across state lines, or of an amount that showed intent to distribute. There is also an affirmative defense made for possession of no more than two images with "reasonable steps to destroy" the images or reporting and turning over the images to law enforcement.


text: The first major case occurred in December 2005, when Dwight Whorley was convicted in Richmond, Virginia under 18 U.S.C. 1466A for using a Virginia Employment Commission computer to receive and distribute "obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males". On December 18, 2008, the Fourth Circuit Court of Appeals affirmed the conviction, consisting of 20 years' imprisonment. Whorley appealed to the Supreme Court, but was denied cert.


text: "18 U.S.C. § 1466A" has been met with legal challenges regarding its modifications to obscenity law. In particular, the provisions of the law that establish an alternate obscenity test to the Miller standard have been challenged. In October 2008, a 38-year-old Iowa comic collector named Christopher Handley was prosecuted for possession of explicit lolicon manga. The judge ruled that two parts of the act that were broader than the Miller standard, 1466A a(2) and b(2), were unconstitutionally overbroad as applied specifically to this case, but Handley still faced an obscenity charge. Handley was convicted in May 2009 as the result of entering a guilty plea bargain at the recommendation of his attorney, under the belief that the jury chosen to judge him would not acquit him of the obscenity charges if they were shown the images in question.


text: A later ruling in "United States v. Dean" (2011) called the overbreadth ruling into question because the "Handley" case failed to prove that 1466A a(2) and b(2) were substantially overbroad on their face; Dean was convicted under the sections previously deemed unconstitutional due to the fact that the overbroadth claim in "Handley" was an as-applied overbroadth challenge, and was therefore limited to the facts and circumstances of that case, whereas in "Dean" the defendant was charged under 1466A a(2) for possession of material constituting actual child pornography, which does not require a finding of obscenity, and was read to fall within the language of the relevant statute. The facts of this case precluded Dean from satisfying the substantive due process requirements to satisfy a proper facial challenge against the relevant statutes.


text: At the state level, some states have laws that explicitly prohibit cartoon pornography and similar depictions, while others have only vague laws on such content. In California such depictions specifically do not fall under state child pornography laws, while in Utah they are explicitly banned. However, there are legal arguments that state laws criminalizing such works are invalid in the wake of "Ashcroft", and some judges have rejected these laws on constitutional grounds. Accordingly, the Illinois Supreme Court in 2003 ruled that a statute criminalizing virtual child pornography was unconstitutional per the ruling in "Ashcroft". On a federal level, works depicting minors that offend contemporary community standards and are "patently offensive" while lacking "serious literary, artistic, political, or scientific value"—that is, found to be "obscene" in a court of law—continue to stand as illegal, but only if the conditions for obscenity discussed above are met: mere possession of these works continues to be legal. Legal professor Reza Banakar has since stated that "serious artistic value" is very difficult to evaluate, and that the legal task of evaluating the lack of such value cannot be executed objectively.


text: Due to the fact that obscenity is determined by a sitting judge or jury in reference to local standards and definitions on a state-by-state, case-by-case basis, the legality of drawn or fictitious pornography depicting minors is left in a 'gray area', much like other forms of alternative pornography. Some states pay less mind to the contents of such materials and determine obscenity based on time and place an offense may occur, while others may have strict, well-defined standards for what a community may be allowed to find appropriate. Others only may have vague laws or definitions which are only used to allow the government to prosecute recidivist offenders on both a federal and state level.


text: At least four cases have been brought up by the mainstream media since the 2008 Iowa ruling. In three of these cases the perpetrator either had a prior criminal record, or was also involved with real-life child pornography which contributed to the charges. The fourth case involved a person who was charged with actual child pornography for possessing fictional child pornography. This ended with a plea bargain to drop the "actual" bit in favor of possession of "Incest Comics".


text: The first of these cases occurred in October 2010, when a 33-year-old man from Idaho named Steven Kutzner entered into a plea agreement concerning images of child characters from the American animated television show "The Simpsons" engaged in sexual acts. The incident was identified, and reported to U.S. authorities by German Federal Police who were able to obtain Kutzner's IP address. This particular address contained a known file from which actual child pornography was being shared. A subsequent forensic investigation uncovered "six hundred and thirty two (632) image files, seventy (70) of which were animated images graphically depicting minors engaging in sex acts", "five hundred and twenty-four (524) pornographic image files, most of which depict what appears to be teenaged females", and "more than eight thousand files containing images of child erotica involving younger children, many of them prepubescent".


text: The second case occurred in November 2011, when Joseph Audette, a 30-year-old computer network administrator from Surry, Maine, was arrested after his username was linked to child pornography sites. In this instance a search inside Audette's home also uncovered "anime child pornography". A judge eventually lifted all bond restrictions placed on him as Audette was never formally charged after his arrest.


text: The third case is the only instance involving possession of fictional child pornography. In October 2012, after being reported by his wife, a 36-year-old man named Christian Bee in Monett, Missouri entered a plea bargain to "possession of cartoons depicting child pornography", with the U.S. attorney's office for the Western District of Missouri recommending a 3-year prison sentence without parole.


text: The office in conjunction with the Southwest Missouri Cyber Crimes Task Force argued that the "Incest Comics" on Bee's computer "clearly lack any literary, artistic, political, or scientific value". Christian Bee was originally indicted for possession of actual child pornography, but that charge was dropped as part of a plea deal, and was instead charged with possession of the "Incest Comics".


text: The fourth case occurred on May 18, 2018, when a registered sex offender from Newport News, Virginia was sentenced to over 19 years in prison for the attempted receipt of obscene images, obstruction of justice, destruction of evidence, and sex offender penalties. Elmer E. Eychaner, III (aged 46) was described as having a significant history of sexual offenses involving minors. He had most recently been convicted in 2008 for child pornography crimes in federal court. During this instance Eychaner requested a laptop to search for a better job while on federal supervision. He instead violated the terms of his supervision by using the computer to look up obscene cartoon images depicting the sexual abuse of minors.


title: Kingsley Ben-Adir

text: Kingsley Ben-Adir (born 28 February 1986) is a British actor. He has performed in several plays in London theatres. He played pathologist Marcus Summer in ITV's detective drama "Vera" and private detective Karim Washington on the second season of the Netflix series "The OA". From 2017 to 2019, he appeared in series four and five of the BBC One television series "Peaky Blinders". In 2020, he starred as Malcolm X in the Amazon Studios film "One Night in Miami..." (2020).


title: Kingsley Ben-Adir

text: Ben-Adir was born in Gospel Oak, London, England, to a black Trinidadian mother and a white British father. He attended William Ellis School in Gospel Oak, Northwest London. He graduated from the Guildhall School of Music and Drama in 2011..He alongside his mother and brother converted to Judaism..


title: Kingsley Ben-Adir

text: In 2011, Ben-Adir performed in Gillian Slovo's critically acclaimed play "The Riots" at the Tricycle Theatre. In 2012, he played Demetrius in "A Midsummer Night's Dream" at Regent's Park Open Air Theatre.


title: Kingsley Ben-Adir

text: In 2013, he played Borachio in Mark Rylance's production of "Much Ado About Nothing" at the Old Vic in London and also played in "God's Property" at the Soho Theatre.


title: Kingsley Ben-Adir

text: In 2014, Ben-Adir performed in the play "We Are Proud to Present a Presentation About the Herero of Namibia, Formerly Known as Southwest Africa, From the German Sudwestafrika, Between the Years 1884–1915" at the Bush Theatre in London. The play received positive reviews.


title: Kingsley Ben-Adir

text: From 2017 to 2019, Ben-Adir appeared in series four and five of the BBC One television series "Peaky Blinders", playing the role of Colonel Ben Younger.


title: Kingsley Ben-Adir

text: In 2020, Ben-Adir starred as Malcolm X in the Amazon Studios film "One Night in Miami..." directed by Regina King. Ben-Adir starred alongside Eli Goree (Cassius Clay), Leslie Odom Jr. (Sam Cooke), and Aldis Hodge (Jim Brown).


title: Kingsley Ben-Adir

text: In March 2021, "Deadline Hollywood" reported that Ben-Adir had joined the "Secret Invasion" series for Marvel Studios as the main villain.


title: Kingsley Ben-Adir

text: In February 2022, Ben-Adir was set to play Bob Marley in its untitled biopic directed by Reinaldo Marcus Green. In April 2022, he joined the ensemble cast of "Barbie" movie.


title: Ronny Cox

text: Daniel Ronald Cox (born July 23, 1938) is an American actor, singer and songwriter. His best-known roles include Drew Ballinger in "Deliverance" (1972), George Apple in "Apple's Way" (1974–75), Ozark Bule in "Bound for Glory" (1976), Colonel Kerby in "Taps" (1981), Lieutenant Andrew Bogomil in "Beverly Hills Cop" (1984) and "Beverly Hills Cop II" (1987), Dick Jones in "RoboCop" (1987), Franklin Reed in "Family Ties" (1986), Vilos Cohaagen in "Total Recall" (1990), The President in "Captain America" (1990), Justin in "Age of Dinosaurs" (2013), Vice President Kinsey in several episodes of "Stargate SG-1" and Captain Edward Jellico in two episodes of "" (1992) as well as in an episode of (2022). Cox is also active as a musician, performing over 100 times per year at festivals and theaters each year as of 2012.


title: Ronny Cox

text: Cox, the third of five children, was born in the mountain town of Cloudcroft, New Mexico, the son of Lounette (née Rucker) and Bob P. Cox, a carpenter who also worked at a dairy. He grew up in Portales, New Mexico. Cox met his wife Mary when she was in the fifth grade and he was in the seventh grade, and they married in 1960 and have two children. Cox graduated from Eastern New Mexico University in 1963 with a double major in theater and speech correction. Mary died in 2006, 50 years to the day of their first date. Cox often talks about her during his music performances.


title: Ronny Cox

text: As an actor, Cox made his debut in the 1972 film, "Deliverance". In one scene, he plays the instrumental "Dueling Banjos" on his guitar with a banjo-playing mountain boy, played by child actor Billy Redden. He was hired for the role because he could play the guitar. Cox published his autobiography in 2012, recounting his experiences making the film.


title: Ronny Cox

text: In 1974–1975, Cox starred in the short-lived family-oriented series entitled "Apple's Way", created by Earl Hamner, creator of "The Waltons". He also appeared as Mr. Webb in a television production of "Our Town". In 1977, he appeared in the episode "Devil Pack" from the series "Quinn Martin's Tales of the Unexpected". In 1984, 12 years after "Deliverance", Cox again played a member of a small group of men who are lost, this time in the Nevada desert, and being chased by bloodthirsty locals in the low-budget film "Courage". One of Cox's roles was that of Dr. John Gideon during the final season of the television medical drama "St. Elsewhere". His character was mooned by Dr. Donald Westphall (Ed Flanders) at the end of the third episode of season six. Cox's first role in a big-budget film came in 1984 as Lt. Andrew Bogomil in "Beverly Hills Cop", and he returned to the role in "Beverly Hills Cop II" in 1987. That same year, Cox appeared in the Paul Verhoeven film "RoboCop" as corporate arch-villain Dick Jones. In 1986, Cox played the mayor in season 3, episodes 1 and 2, "Death Stalks the Big Top", of the TV series "Murder, She Wrote".


title: Ronny Cox

text: In 1990, Cox co-starred as Los Angeles Police Chief Roger Kendrick in the short-lived "Cop Rock", presenting a striking physical resemblance to the real-world incumbent Chief Daryl Gates. He also appeared as the antagonistic Mars Administrator Vilos Cohaagen in "Total Recall" the same year. Cox had a guest role on "" as Captain Edward Jellico in the two-part episode "". He also played Henry Mason, the father of Bree Van de Kamp (Marcia Cross) on "Desperate Housewives". In 1997, Cox portrayed the fictional President of the United States Jack Neil in the movie "Murder at 1600". Cox also portrayed John Ramsey in the 2000 TV film "Perfect Murder, Perfect Town" and Senator/Vice President Robert Kinsey in "Stargate SG-1".


title: Ronny Cox

text: Cox had a role in "The Starter Wife". He played Pappy McCallister, the husband of Molly Kagan's best friend Joan. He occasionally has done animation work, lending his voice to the Tyrusian deserter Doc in "Invasion America" and Senator McMillan in "Todd McFarlane's Spawn". Cox guest-starred in an episode of Matthew Perry's 2011 series "Mr. Sunshine".


title: Ronny Cox

text: Cox played Walter Kenney in "Dexter", season six, episode three ("Smokey and the Bandit"). His character was a serial killer known as “The Tooth Fairy” whom Dexter had idolized while growing up. He guest-starred in an episode of "" entitled "The Pressure to Murder", episode 9, season three. Cox played Gideon Claybourne on season 6 of "Nashville" in 2018.


title: Ronny Cox

text: Despite having a successful acting career, Cox said that music now comes first in his life. He turns down about 90% of the acting jobs he is offered to play over 100 shows at festivals and theaters each year. He is accompanied by his band. Cox also leads a musical tour to Ireland each year.


title: Ronny Cox

text: On July 25, 2021, Cox won the New Mexico Music Awards with the Norman Petty Producers Award going to Tom (Panda) Ryan for his recording of Ronny Cox's "Live at the Kitchen Sink" featuring the 2021 Best Folk Music Award with his song, "Portales". "Live at the Kitchen Sink" was recorded at The Kitchen Sink Recording Studio in Santa Fe, New Mexico.


title: Miranda v. Arizona

text: Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.


title: Miranda v. Arizona

text: "Miranda" was viewed by many as a radical change in American criminal law, since the Fifth Amendment was traditionally understood only to protect Americans against formal types of compulsion to confess, such as threats of contempt of court. It has had a significant impact on law enforcement in the United States, by making what became known as the Miranda warning part of routine police procedure to ensure that suspects were informed of their rights. The concept of "Miranda warnings" quickly caught on across American law enforcement agencies, who came to call the practice "Mirandizing".


title: Miranda v. Arizona

text: Pursuant to the U.S. Supreme Court decision "Berghuis v. Thompkins" (2010), criminal suspects who are aware of their right to silence and to an attorney but choose not to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and used as or as part of evidence. At least one scholar has argued that "Thompkins" "fully undermined" "Miranda".


title: Miranda v. Arizona

text: During the 1960s, a movement which provided defendants with legal aid emerged from the collective efforts of various bar associations.


title: Miranda v. Arizona

text: In the civil realm, it led to the creation of the Legal Services Corporation under the Great Society program of Lyndon B. Johnson. "Escobedo v. Illinois", a case which closely foreshadowed "Miranda," provided for the presence of counsel during police interrogation. This concept extended to a concern over police interrogation practices, which were considered by many to be barbaric and unjust. Coercive interrogation tactics were known in period slang as the "third degree".


title: Miranda v. Arizona

text: On March 13, 1963, Ernesto Miranda was arrested by the Phoenix Police Department, based on circumstantial evidence linking him to the kidnapping and rape of an eighteen-year-old woman ten days earlier. After two hours of interrogation by police officers, Miranda signed a confession to the rape charge on forms that included the typed statement: "I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me."


title: Miranda v. Arizona

text: However, at no time was Miranda told of his right to counsel. Before being presented with the form on which he was asked to write out the confession that he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him. At trial, when prosecutors offered Miranda's written confession as evidence, his court-appointed lawyer, Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore's objection was overruled, and based on this confession and other evidence, Miranda was convicted of rape and kidnapping. He was sentenced to 20–30 years of imprisonment on each charge, with sentences to run concurrently. Moore filed Miranda's appeal to the Arizona Supreme Court, claiming that Miranda's confession was not fully voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in "State v. Miranda", 401 P.2d 721 (Ariz. 1965). In affirmation, the Arizona Supreme Court heavily emphasized the fact that Miranda did not specifically request an attorney.


title: Miranda v. Arizona

text: Attorney John Paul Frank, former law clerk to Justice Hugo Black, represented Miranda in his appeal to the U.S. Supreme Court. Gary K. Nelson represented Arizona.


title: Miranda v. Arizona

text: On June 13, 1966, the Supreme Court issued a 5–4 decision in Miranda's favor that overturned his conviction and remanded his case back to Arizona for retrial.


title: Miranda v. Arizona

text: Five justices formed the majority and joined an opinion written by Chief Justice Earl Warren. The Court ruled that because of the coercive nature of the custodial interrogation by police (Warren cited several police training manuals that had not been provided in the arguments), no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect has been made aware of his rights and the suspect has then waived them:


title: Miranda v. Arizona

text: Thus, Miranda's conviction was overturned. The Court also made clear what must happen if a suspect chooses to exercise their rights:


title: Miranda v. Arizona

text: Warren also pointed to the existing procedures of the Federal Bureau of Investigation (FBI), which required informing a suspect of his right to remain silent and his right to counsel, provided free of charge if the suspect was unable to pay. If the suspect requested counsel, "the interview is terminated." Warren included the FBI's four-page brief in his opinion.


title: Miranda v. Arizona

text: However, the dissenting justices accused the majority of overreacting to the problem of coercive interrogations, and anticipated a drastic effect. They believed that, once warned, suspects would always demand attorneys, and deny the police the ability to gain confessions.


title: Miranda v. Arizona

text: In a separate concurrence in part, dissent in part, Justice Tom C. Clark argued that the Warren Court went "too far too fast." Instead, Justice Clark would use the "totality of the circumstances" test enunciated by Justice Goldberg in "Haynes v. Washington". Under this test, the court would:


title: Miranda v. Arizona

text: In dissent, Justice John Marshall Harlan II wrote that "nothing in the letter or the spirit of the Constitution or in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities." Harlan closed his remarks by quoting former Justice Robert H. Jackson: "This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."


title: Miranda v. Arizona

text: Justice Byron White took issue with the court having announced a new constitutional right when it had no "factual and textual bases" in the Constitution or previous opinions of the Court for the rule announced in the opinion. He stated: "The proposition that the privilege against self-incrimination forbids in-custody interrogation without the warnings specified in the majority opinion and without a clear waiver of counsel has no significant support in the history of the privilege or in the language of the Fifth Amendment." White did not believe the right had any basis in English common law.


title: Miranda v. Arizona

text: Miranda was retried in 1967 after the original case against him was thrown out. This time the prosecution, instead of using the confession, introduced other evidence and called witnesses. One witness was Twila Hoffman, a woman with whom Miranda was living at the time of the offense; she testified that he had told her of committing the crime. Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. The Supreme Court of Arizona affirmed, and the United States Supreme Court denied review. Miranda was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers' "Miranda cards" that contained the text of the warning for reading to arrestees. Miranda was stabbed to death during an argument in a bar on January 31, 1976. A suspect was arrested, but due to a lack of evidence against him, he was released.


title: Miranda v. Arizona

text: Another three defendants whose cases had been tied in with Miranda's – an armed robber, a stick-up man, and a bank robber – either made plea bargains to lesser charges or were found guilty again despite the exclusion of their confessions.


title: Miranda v. Arizona

text: The "Miranda" decision was widely criticized when it came down, as many felt it was unfair to inform suspected criminals of their rights, as outlined in the decision. Richard Nixon and conservatives denounced "Miranda" for undermining the efficiency of the police, and argued the ruling would contribute to an increase in crime. Nixon, upon becoming President, promised to appoint judges who would reverse the philosophy he viewed as "soft on crime." Many supporters of law enforcement were angered by the decision's negative view of police officers.


title: Miranda v. Arizona

text: After the "Miranda" decision, the nation's police departments were required to inform arrested persons or suspects of their rights under the ruling prior to custodial interrogation or their answers would not be admissible in court. Such information is called a Miranda warning. Since it is usually required that the suspects be asked if they understand their rights, courts have also ruled that any subsequent waiver of Miranda rights must be knowing, intelligent, and voluntary.


title: Miranda v. Arizona

text: Many American police departments have pre-printed Miranda waiver forms that a suspect must sign and date (after hearing and reading the warnings again) if an interrogation is to occur.


title: Miranda v. Arizona

text: Data from the FBI Uniform Crime Reports shows a sharp reduction in the clearance rate of violent and property crimes after "Miranda". However, according to other studies from the 1960s and 1970s, "contrary to popular belief, Miranda had little, if any, effect on detectives' ability to solve crimes."


title: Miranda v. Arizona

text: The federal Omnibus Crime Control and Safe Streets Act of 1968 purported to overrule "Miranda" for federal criminal cases and restore the "totality of the circumstances" test that had prevailed previous to "Miranda". The validity of this provision of the law, which is still codified at 18 U.S.C. § 3501, was not ruled on for another 30 years because the Justice Department never attempted to rely on it to support the introduction of a confession into evidence at any criminal trial.


title: Miranda v. Arizona

text: "Miranda" was undermined by several subsequent decisions that seemed to grant exceptions to the Miranda warnings, challenging the ruling's claim to be a necessary corollary of the Fifth Amendment. The exceptions and developments that occurred over the years included:


title: Miranda v. Arizona

text: "United States v. Garibay" (1998) clarified an important matter regarding the scope of "Miranda". Defendant Jose Garibay barely spoke English and clearly showed a lack of understanding; indeed, "the agent admitted that he had to rephrase questions when the defendant appeared confused." Because of the defendant's low I.Q. and poor English-language skills, the U.S. Court of Appeals ruled that it was a "clear error" when the district court found that Garibay had "knowingly and intelligently waived his Miranda rights." The court investigated his waiver and discovered that it was missing all items for which they were looking: he never signed a waiver, he only received his warnings verbally and in English, and no interpreter was provided although they were available. With an opinion that stressed "the requirement that a defendant 'knowingly and intelligently' waive his Miranda rights," the Court reversed Garibay's conviction and remanded his case.


title: Miranda v. Arizona

text: "Miranda" survived a strong challenge in "Dickerson v. United States", , when the validity of Congress's overruling of "Miranda" through § 3501 was tested. At issue was whether the Miranda warnings were actually compelled by the Constitution, or were rather merely measures enacted as a matter of judicial policy. In "Dickerson", the Court, speaking through Chief Justice Rehnquist, upheld "Miranda" 7–2 and stated that "the warnings have become part of our national culture". In dissent, Justice Scalia argued that "Miranda" warnings were not constitutionally required. He cited several cases demonstrating a majority of the then-current court, counting himself, and Justices Kennedy, O'Connor, and Thomas, as well as Rehnquist (who had just delivered a contrary opinion), "[were] on record as believing that a violation of Miranda is not a violation of the Constitution."


title: Miranda v. Arizona

text: Over time, interrogators began to devise techniques to honor the "letter" but not the "spirit" of Miranda. In the case of "Missouri v. Seibert", , the Supreme Court halted one of the more controversial practices. Missouri police had been deliberately withholding Miranda warnings and questioning suspects until they obtained confessions, then providing the warnings, getting waivers, and eliciting confessions again. Justice Souter wrote for the plurality: "Strategists dedicated to draining the substance out of "Miranda" cannot accomplish by training instructions what "Dickerson" held Congress could not do by statute."


title: Miranda v. Arizona

text: "Berghuis v. Thompkins" (2010) was a ruling in which the Supreme Court held that a suspect's "ambiguous or equivocal" statement, or lack of statements, does not mean that police must end an interrogation. At least one scholar has argued that "Thompkins" effectively gutted "Miranda". In "The Right to Remain Silent", Charles Weisselberg wrote that "the majority in "Thompkins" rejected the fundamental underpinnings of "Miranda v. Arizona"'s prophylactic rule and established a new one that fails to protect the rights of suspects" and that


title: Miranda v. Arizona

text: In "Vega v. Tekoh" (2022), the Supreme Court ruled 6–3 that police officers could not be sued under a particular statutory cause of action for failing to administer the Miranda warning, ruling that not every "Miranda" violation is a deprivation of a constitutional right. In dissent, 3 justices held that the court had "repeatedly and emphatically" determined that the "Miranda" decision established a constitutional right, and would have allowed such lawsuits. According to pundits, the ruling "Vega v. Tekoh" "makes it easier for police to obtain coerced confessions – by continuing to ask questions even if someone doesn't want to speak" and "guts a major pathway for incentivizing police to provide a Miranda warning and ensuring their accountability."


title: Miranda v. Arizona

text: "Miranda"s impact on law enforcement remains in dispute. Many legal scholars believe that police have adjusted their practices in response to "Miranda" and that its mandates have not hampered police investigations. Others argue that the "Miranda" rule has resulted in a lower rate of conviction, with a possible reduction in the rate of confessions of between four and sixteen percent. Some scholars argue that Miranda warnings have reduced the rate at which the police solve crimes, while others question their methodology and conclusions.


title: Confederate States Army

text: The Confederate States Army, also called the Confederate Army or the Southern Army, was the military land force of the Confederate States of America (commonly referred to as the Confederacy) during the American Civil War (1861–1865), fighting against the United States forces to win the independence of the Southern states and uphold the institution of slavery. On February 28, 1861, the Provisional Confederate Congress established a provisional volunteer army and gave control over military operations and authority for mustering state forces and volunteers to the newly chosen Confederate president, Jefferson Davis. Davis was a graduate of the U.S. Military Academy, and colonel of a volunteer regiment during the Mexican–American War. He had also been a United States senator from Mississippi and U.S. Secretary of War under President Franklin Pierce. On March 1, 1861, on behalf of the Confederate government, Davis assumed control of the military situation at Charleston, South Carolina, where South Carolina state militia besieged Fort Sumter in Charleston harbor, held by a small U.S. Army garrison. By March 1861, the Provisional Confederate Congress expanded the provisional forces and established a more permanent Confederate States Army.


title: Confederate States Army

text: An accurate count of the total number of individuals who served in the Confederate Army is not possible due to incomplete and destroyed Confederate records; estimates of the number of individual Confederate soldiers are between 750,000 and 1,000,000 troops. This does not include an unknown number of slaves who were pressed into performing various tasks for the army, such as the construction of fortifications and defenses or driving wagons. Since these figures include estimates of the total number of individual soldiers who served at any time during the war, they do not represent the size of the army at any given date. These numbers do not include sailors who served in Confederate States Navy.


title: Confederate States Army

text: Although most of the soldiers who fought in the American Civil War were volunteers, both sides by 1862 resorted to conscription, primarily as a means to force men to register and volunteer. In the absence of exact records, estimates of the percentage of Confederate soldiers who were draftees, are about double the 6 percent of Union soldiers who were conscripts.


title: Confederate States Army

text: Confederate casualty figures also are incomplete and unreliable. The best estimates of Confederate military personnel deaths are about 94,000 killed or mortally wounded, 164,000 deaths from disease, and between 26,000 and 31,000 deaths in Union prison camps. One estimate of the Confederate wounded, which is considered incomplete, is 194,026.


title: Confederate States Army

text: The main Confederate armies, the Army of Northern Virginia under General Robert E. Lee and the remnants of the Army of Tennessee and various other units under General Joseph E. Johnston, surrendered to the U.S. on April 9, 1865 (officially April 12), and April 18, 1865 (officially April 26). Other Confederate forces surrendered between April 16, 1865, and June 28, 1865. By the end of the war, more than 100,000 Confederate soldiers had deserted, and some estimates put the number as high as one-third of all Confederate soldiers. The Confederacy's government effectively dissolved when it fled Richmond on April 3, 1865, and exerted no control over the remaining armies.


title: Confederate States Army

text: By the time Abraham Lincoln took office as President of the United States on March 4, 1861, the seven seceding slave states had formed the Confederate States. They seized federal property, including nearly all U.S. Army forts, within their borders. Lincoln was determined to hold the forts remaining under U.S. control when he took office, especially Fort Sumter in the harbor of Charleston, South Carolina. On February 28, shortly before Lincoln was sworn in as president, the Provisional Confederate Congress had authorized the organization of a large Provisional Army of the Confederate States (PACS).


title: Confederate States Army

text: Under orders from Confederate President Jefferson Davis, C.S. troops under the command of General P. G. T. Beauregard bombarded Fort Sumter on April 12–13, 1861 and forced its capitulation on April 14. The United States, outraged by the Confederacy's attack, demanded war. It rallied behind Lincoln's call on April 15 for all the loyal states to send troops to recapture the forts from the secessionists, to put down the rebellion and to save the Union. Four more slave states then joined the Confederacy. Both the United States and the Confederate States began in earnest to raise large, mostly volunteer, armies, with the opposing objectives: putting down the rebellion and preserving the Union on the one hand, and establishing independence from the United States on the other.


title: Confederate States Army

text: The Confederate Congress provided for a Confederate army patterned after the United States Army. It was to consist of a large provisional force to exist only in time of war and a small permanent regular army. The provisional, volunteer army was established by an act of the Provisional Confederate Congress passed on February 28, 1861, one week before the act which established the permanent regular army organization, passed on March 6. Although the two forces were to exist concurrently, little was done to organize the Confederate regular army.


title: Confederate States Army

text: Members of all the military forces of the Confederate States (the army, the navy, and the marine corps) are often referred to as "Confederates", and members of the Confederate army were referred to as "Confederate soldiers". Supplementing the Confederate army were the various state militias of the Confederacy:


title: Confederate States Army

text: Control and operation of the Confederate army were administered by the Confederate States War Department, which was established by the Confederate Provisional Congress in an act on February 21, 1861. The Confederate Congress gave control over military operations, and authority for mustering state forces and volunteers to the President of the Confederate States of America on February 28, 1861, and March 6, 1861. On March 8 the Confederate Congress passed a law that authorized Davis to issue proclamations to call up no more than 100,000 men. The War Department asked for 8,000 volunteers on March 9, 20,000 on April 8, and 49,000 on and after April 16. Davis proposed an army of 100,000 soldiers in his message to Congress on April 29.


title: Confederate States Army

text: On August 8, 1861, the Confederacy called for 400,000 volunteers to serve for one or three years. In April 1862, the Confederacy passed the first conscription law in either Confederate or Union history, the Conscription Act, which made all able bodied white men between the ages of 18 and 35 liable for a three-year term of service in the Provisional Army. It also extended the terms of enlistment for all one-year soldiers to three years. Men employed in certain occupations considered to be most valuable for the home front (such as railroad and river workers, civil officials, telegraph operators, miners, druggists and teachers) were exempt from the draft. The act was amended twice in 1862. On September 27, the maximum age of conscription was extended to 45. On October 11, the Confederate Congress passed the so-called "Twenty Negro Law", which exempted anyone who owned 20 or more slaves, a move that caused deep resentment among conscripts who did not own slaves.


title: Confederate States Army

text: The Confederate Congress enacted several more amendments throughout the war to address losses suffered in battle as well as the United States' greater supply of manpower. In December 1863, it abolished the practice of allowing a rich drafted man to hire a substitute to take his place in the ranks. Substitution had also been practiced in the United States, leading to similar resentment from the lower classes. In February 1864, the age limits were extended to between 17 and 50. Challenges to the subsequent acts came before five state supreme courts; all five upheld them.


title: Confederate States Army

text: In his 2010 book "Major Problems in the Civil War", historian Michael Perman says that historians are of two minds on why millions of men seemed so eager to fight, suffer and die over four years:


title: Confederate States Army

text: Educated soldiers drew upon their knowledge of American history to justify their costs. Historian James M. McPherson says:


title: Confederate States Army

text: Before and during the Civil War, the popular press of Richmond, including its five major newspapers, sought to inspire a sense of patriotism, Confederate identity, and the moral high ground in the southern population.


title: Confederate States Army

text: The southern churches met the shortage of Army chaplains by sending missionaries. The Southern Baptists sent a total of 78 missionaries, starting in 1862. Presbyterians were even more active, with 112 missionaries sent in early 1865. Other missionaries were funded and supported by the Episcopalians, Methodists, and Lutherans. One result was wave after wave of religious revivals in the Army, religion playing a major part in the lives of Confederate soldiers. Some men with a weak religious affiliation became committed Christians, and saw their military service in terms of satisfying God's wishes. Religion strengthened the soldiers' loyalty to their comrades and the Confederacy. Military historian Samuel J. Watson argues that Christian faith was a major factor in combat motivation. According to his analysis, the soldiers' faith was consoling for the loss of comrades; it was a shield against fear; it helped reduce drinking and fighting in the ranks; it enlarged the soldiers' community of close friends and helped compensate for their long-term separation from home.


title: Confederate States Army

text: In his 1997 book , which examines the motivations of the American Civil War's soldiers, historian James M. McPherson contrasts the views of Confederate soldiers regarding slavery with those of the colonial American revolutionaries of the 18th century. He stated that while the American rebel colonists of the 1770s saw an incongruity between owning slaves on the one hand, and proclaiming to be fighting for liberty on the other, the Confederacy's soldiers did not, as the Confederate ideology of white supremacy negated any contradiction between the two:


title: Confederate States Army

text: McPherson states that Confederate soldiers did not discuss the issue of slavery as often as United States soldiers did, because most Confederate soldiers readily accepted as an obvious fact that they were fighting to perpetuate slavery and thus did not feel the need to debate over it:


title: Confederate States Army

text: Continuing, McPherson also stated that of the hundreds of Confederate soldiers' letters he had examined, none of them contained any anti-slavery sentiment whatsoever:


title: Confederate States Army

text: McPherson admits some flaws in his sampling of letters. Soldiers from slaveholding families were overrepresented by 100%:


title: Confederate States Army

text: In some cases, Confederate men were motivated to join the army in response to the United States' actions regarding its opposition to slavery. After U.S. President Abraham Lincoln issued the Emancipation Proclamation, some Confederate soldiers welcomed the move, as they believed it would strengthen pro-slavery sentiment in the Confederacy, and thus lead to greater enlistment of soldiers in the Confederate army.


title: Confederate States Army

text: One Confederate soldier from Texas gave his reasons for fighting for the Confederacy, stating that "we are fighting for our property", contrasting this with the motivations of Union soldiers, who, he claimed, were fighting for the "flimsy and abstract idea that a negro is equal to an Anglo American". One Louisianan artilleryman stated, "I never want to see the day when a negro is put on an equality with a white person. There is too many free niggers ... now to suit me, let alone having four millions." A North Carolinian soldier stated, "[A] white man is better than a nigger."


title: Confederate States Army

text: In 1894, Virginian and former Confederate soldier John S. Mosby, reflecting on his role in the war, stated in a letter to a friend that "I've always understood that we went to war on account of the thing we quarreled with the North about. I've never heard of any other cause than slavery."


title: Confederate States Army

text: At many points during the war, and especially near the end, the Confederate armies were very poorly fed. At home their families were in worsening condition and faced starvation and the depredations of roving bands of marauders. Many soldiers went home temporarily ("Absent Without Official Leave") and quietly returned when their family problems had been resolved. By September 1864, however, President Davis publicly admitted that two-thirds of the soldiers were absent, "most of them without leave". The problem escalated rapidly after that, and fewer and fewer men returned. Soldiers who were fighting in defense of their homes realized that they had to desert to fulfill that duty. Historian Mark Weitz argues that the official count of 103,400 deserters is too low. He concludes that most of the desertions came because the soldier felt he owed a higher duty to his own family than to the Confederacy.


title: Confederate States Army

text: Confederate policies regarding desertion generally were severe. For example, on August 19, 1862, General Stonewall Jackson approved the court-martial sentence of execution for three soldiers for desertion, rejecting pleas for clemency from the soldiers' regimental commander. Jackson's goal was to maintain discipline in a volunteer army whose homes were under threat of enemy occupation.


title: Confederate States Army

text: Historians of the Civil War have emphasized how soldiers from poor families deserted because they were urgently needed at home. Local pressures mounted as Union forces occupied more and more Confederate territory, putting more and more families at risk of hardship. One Confederate officer at the time noted, "The deserters belong almost entirely to the poorest class of non-slave-holders whose labor is indispensable to the daily support of their families" and that "When the father, husband or son is forced into the service, the suffering at home with them is inevitable. It is not in the nature of these men to remain quiet in the ranks under such circumstances."


title: Confederate States Army

text: Some soldiers also deserted from ideological motivations. A growing threat to the solidarity of the Confederacy was dissatisfaction in the Appalachian mountain districts caused by lingering unionism and a distrust of the power wielded by the slave-holding class. Many of their soldiers deserted, returned home, and formed a military force that fought off regular army units trying to punish them. North Carolina lost nearly a quarter of its soldiers (24,122) to desertion. This was the highest rate of desertion of any Confederate state.


title: Confederate States Army

text: Young Mark Twain deserted the army long before he became a famous writer and lecturer, but he often commented upon the episode comically. Author Neil Schmitz has examined the deep unease Twain felt about losing his honor, his fear of facing death as a soldier, and his rejection of a Southern identity as a professional author.


title: Confederate States Army

text: Because of the destruction of any central repository of records in Richmond in 1865 and the comparatively poor record-keeping of the time, there can be no definitive number that represents the strength of the Confederate States Army. Estimates range from 500,000 to 2,000,000 soldiers who were involved at any time during the war. Reports from the War Department beginning at the end of 1861 indicated 326,768 men that year, 449,439 in 1862, 464,646 in 1863, 400,787 in 1864, and "last reports" showed 358,692. Estimates of enlistments throughout the war range from 1,227,890 to 1,406,180.


title: Confederate States Army

text: The CSA was initially a (strategically) defensive army, and many soldiers were resentful when Lee led the Army of Northern Virginia in an invasion of the North in the Antietam campaign.


title: Confederate States Army

text: The army did not have a formal overall military commander, or general in chief, until late in the war. The Confederate President, Jefferson Davis, himself a former U.S. Army officer and U.S. Secretary of War, served as commander-in-chief and provided the strategic direction for Confederate land and naval forces. The following men had varying degrees of control:


title: Confederate States Army

text: The lack of centralized control was a strategic weakness for the Confederacy, and there are only a few examples of its armies acting in concert across multiple theaters to achieve a common objective. One instance occurred in late 1862 with Lee's invasion of Maryland, coincident with two other actions: Bragg's invasion of Kentucky and Earl Van Dorn's advance against Corinth, Mississippi. All three initiatives were unsuccessful, however. Georgia Governor Joseph E. Brown was an extreme case of a Southern States Rights advocate asserting control over Confederate soldiers: he defied the Confederate government's wartime policies and resisted the military draft. Believing that local troops should be used only for the defense of Georgia, Brown tried to stop Colonel Francis Bartow from taking Georgia troops out of the state to the First Battle of Bull Run.


title: Confederate States Army

text: Many of the Confederacy's senior military leaders (including Robert E. Lee, Albert Sidney Johnston, and James Longstreet) and even President Jefferson Davis, were former U.S. Army and, in smaller numbers, U.S. Navy officers who had been opposed to, disapproved of, or were at least unenthusiastic about secession, but resigned their U.S. commissions upon hearing that their states had left the Union. They felt that they had no choice but to help defend their homes. President Abraham Lincoln was exasperated to hear of such men who professed to love their country but were willing to fight against it.


title: Confederate States Army

text: As in the U.S. Army, the Confederate Army's soldiers were organized by military specialty. The combat arms included infantry, cavalry, and artillery.


title: Confederate States Army

text: Although fewer soldiers might comprise a squad or platoon, the smallest infantry maneuver unit in the Army was a company of 100 soldiers. Ten companies were organized into an infantry regiment, which theoretically had 1,000 men. In reality, as disease, desertions and casualties took their toll, and the common practice of sending replacements to form new regiments took hold, most regiments were greatly reduced in strength. By the mid-war, most regiments averaged 300–400 men, with Confederate units slightly smaller on average than their U.S. counterparts. For example, at the pivotal Battle of Chancellorsville, the average U.S. Army infantry regiment's strength was 433 men, versus 409 for Confederate infantry regiments.


title: Confederate States Army

text: Regiments, which were the basic units of army organization through which soldiers were supplied and deployed, were raised by individual states. They were generally referred by number and state, for example 1st Texas, 12th Virginia. To the extent the word "battalion" was used to describe a military unit, it referred to a multi-company task force of a regiment or a near-regimental size unit. Throughout the war, the Confederacy raised the equivalent of 1,010 regiments in all branches, including militias, versus 2,050 regiments for the U.S. Army.


title: Confederate States Army

text: Four regiments usually formed a brigade, although as the number of soldiers in many regiments became greatly reduced, especially later in the war, more than four were often assigned to a brigade. Occasionally, regiments would be transferred between brigades. Two to four brigades usually formed a division. Two to four divisions usually formed a corps. Two to four corps usually formed an army. Occasionally, a single corps might operate independently as if it were a small army. The Confederate States Army consisted of several field armies, named after their primary area of operation. The largest Confederate field army was the Army of Northern Virginia, whose surrender at Appomattox Courthouse in 1865 marked the end of major combat operations in the U.S. Civil War.


title: Confederate States Army

text: Companies were commanded by captains and had two or more lieutenants. Regiments were commanded by colonels. Lieutenant colonels were second in command. At least one major was next in command. Brigades were commanded by brigadier generals although casualties or other attrition sometimes meant that brigades would be commanded by senior colonels or even a lower grade officer. Barring the same type of circumstances that might leave a lower grade officer in temporary command, divisions were commanded by major generals and corps were commanded by lieutenant generals. A few corps commanders were never confirmed as lieutenant generals and exercised corps command for varying periods as major generals. Armies of more than one corps were commanded by (full) generals.


title: Confederate States Army

text: There were four grades of general officer (general, lieutenant general, major general, and brigadier general), but all wore the same insignia regardless of grade. This was a decision made early in the conflict. The Confederate Congress initially made the rank of brigadier general the highest rank. As the war progressed, the other general-officer ranks were quickly added, but no insignia for them was created. (Robert E. Lee was a notable exception to this. He chose to wear the rank insignia of a colonel.) Only seven men achieved the rank of (full) general; the highest-ranking (earliest date of rank) was Samuel Cooper, Adjutant General and Inspector General of the Confederate States Army.


title: Confederate States Army

text: Officers' uniforms bore a braided design on the sleeves and kepi, the number of adjacent strips (and therefore the width of the lines of the design) denoting rank. The color of the piping and kepi denoted the military branch. The braid was sometimes left off by officers since it made them conspicuous targets. The kepi was rarely used, the common slouch hat being preferred for its practicality in the Southern climate.


title: Confederate States Army

text: Branch colors were used for the color of chevrons—blue for infantry, yellow for cavalry, and red for artillery. This could differ with some units, however, depending on available resources or the unit commander's desire. Cavalry regiments from Texas, for example, often used red insignia and at least one Texas infantry regiment used black.


title: Confederate States Army

text: The CSA differed from many contemporaneous armies in that all officers under the rank of brigadier general were elected by the soldiers under their command. The Confederate Congress authorized the awarding of medals for courage and good conduct on October 13, 1862, but wartime difficulties prevented the procurement of the needed medals. To avoid postponing recognition for their valor, those nominated for the awards had their names placed on a Roll of Honor, which would be read at the first dress parade after its receipt and be published in at least one newspaper in each state.


title: Confederate States Army

text: The C.S. Army was composed of independent armies and military departments that were constituted, renamed, and disbanded as needs arose, particularly in reaction to offensives launched by the United States. These major units were generally named after states or geographic regions (in comparison to the U.S. Army's custom of naming armies after rivers). Armies were usually commanded by full generals (there were seven in the C.S. Army) or lieutenant generals. Some of the more important armies and their commanders were:


title: Confederate States Army

text: Some other prominent Confederate generals who led significant units operating sometimes independently in the CSA included Thomas J. "Stonewall" Jackson, James Longstreet, J. E. B. Stuart, Gideon Pillow, A. P. Hill, John B. Gordon.