Issues The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.
Brief Answer Based on considerable…… [Read More]. California Proposition 8 Same Sex Marriage the. Same Sex Marriage The equal right to marry for same-sex couples in the United States has acquired growing public support over time, with a quantity of state-level laws passed and others presently up for debate. Proposition 8 was a ballot proposition and constitutional amendment that was passed in the November state elections in California.
The measure added a new provision, Section 7. By limiting the acknowledgment of marriage to opposite-sex couples, the proposition reversed the California Supreme Court's ruling of In re Marriage Cases that same-sex couples have a constitutional right to get married Newman, The wording of Proposition 8 was exactly the same as Proposition 22, which had passed in and, as an ordinary statute, had been…… [Read More].
Gault U S 1 Furthermore, the notice requirement meant that allegations had to particular. The juvenile and his parents did not get notice until the hearing on the merits, which meant that it was not timely notice.
Furthermore, Arizona had no provision protecting children's right against self-incrimination, but the Court determined that a juvenile is at greater risk of self-incrimination than an adult. The Court also looked at the Sixth Amendment, which provides that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have…… [Read More].
Supreme Court and the Rights of Inmates The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and correctional procedures that evolved to protect those rights.
Lastly, this work will explain the role of the U. Supreme Court in interpreting correctional law, inmates' rights and correctional procedures.
Those four amendments include the following: Thigpen, Hutchinson, Persons and Holland, 2 Fourth Amendment -- due process and equal protection. Is Capital Punishment Cruel and Unusual.
Does the definition of cruel and unusual punishment change with time and changing social mores? Does the determination of whether or not a punishment is cruel and unusual depend on the crime committed, the criminal being punished, or both?
These are all very important questions, which must all be examined before one can determine whether or not capital punishment is cruel and unusual punishment. Cruel and unusual punishment is a difficult term to define, as it depends on the values and mores of the defining society. The prohibition against cruel punishment basically means that the punishment should fit the crime.
For example, determining when death is an appropriate issue has been one of the complicating factors in the death penalty debate. Historically, the death penalty was previously available for a variety of crimes, ranging from theft…… [Read More]. Hypotheticals Brian Short v State of Florida. Hypotheticals Brian Short v. State of Florida Is it legal for the State of Florida to prohibit the marriage of two very short people to each other, using the rationale that two short people are likely to produce short children and short children are less likely to help maintain dominance in state athletic programs and in more danger of falling into holes and not fitting properly into seatbelts?
Government Though Many Citizens of. First Amendment Cases There are several provisions in the First Amendment to the United States' constitution, all of which have been implemented in various court cases. Vitale, which centered around the legality of a mandated school prayer in New York state, many would perceive the issue as one of a "freedom of religion.
This is known as the Establishment Clause of the First Amendment, and is quite distinct from the provision allowing the free exercise of religion. In Oregon v Smith, it was determined that a state employee could indeed be terminated and denied unemployment benefits for the use of an illegal substance in this case peyote even when its use was part of a religious…… [Read More]. Procedural Due Process the Bill.
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit. In the Case of Miranda v. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent year sentences for the two crimes he confessed to.
Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…… [Read More]. American Federal Government Procedural Due. They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating.
However, those who write letter and demonstrate generally have views that are more extreme than those of the public Thus, the public opinion poll was introduced. Public opinion polls are important because they "keep the public well informed," as well as keeping the public in touch with important shifts in public opinion" "Are opinion polls useful?
Using a random sampling method, the public opinion poll uses probability to reflect the views of the public. That is, by using a random selection of the population, the opinions of the…… [Read More]. Abortion and the Constitution. Changing Abortion Guidlines Abortion and the constitution Changing abortion guidelines Abortion is the deliberate termination of human pregnancy; this process is performed the first 3 weeks of pregnancy. According to oe v. Wade it states that a woman is entitled to personal privacy protection, this is due to the fact that it includes the woman's determination of whether to bear a child or not.
The judicial oversight of legislation was increased by the Courts under the privacy line of the cases; consideration was of abortion related laws in all the States of America Sarah, K. Looking at the historical review of medical and legal views concerning abortion, the Courts found out that the modern prohibitions were not in line with the recent vintage thus lacking historical foundation that would have played a fundamental role of preserving them constitutional review Edward, L.
The Courts also discovered that the word…… [Read More]. Nklenske Protection the First Thing. My overall advice to Mr. Smith would be that he has a weak case, at best. To evaluate whether Susie has a valid equal protection claim, one must start by determining whether the city ordinance is a state action. As a city is a branch of the state, the smoking ordinance would be considered a state action.
The next step is to determine whether she belongs to a suspect class or whether a fundamental right is being violated. Although being a woman places her in a quasi-suspect class, this ordinance does not involve a distinction between the genders. Instead the issue is between smokers and non-smokers and as such, there is no suspect class involved. Furthermore, there is no fundamental right involved as neither the right to smoke or to open a business is considered a fundamental right.
Under these facts, the court will…… [Read More]. Criminal Justice Sex Offender Regulations. The website explained that the law's necessities turned on a person's finding of guilt alone a fact that a person had already had a procedurally protected occasion to challenge. Even if the person could show that he was not liable to be presently harmful, Connecticut had determined that the registry knowledge of all sex offenders had to be openly revealed.
The offender had relied only on procedural due process, not on the substantive part of the Fourteenth Amendment's safeguards. In a decision the judgment was reversed. In an opinion by ehnquist, Ch. Bakke v Regents of the University of California. Regents of the University of California The so-called Bakke decision was the earliest in which the United States Supreme Court addressed affirmative action. The case certainly did not mean and end to the issues involved, and there have been several attempts to overturn the Bakke decision since.
It has been referred to as a reverse discrimination case, and it was of great import when it was decided in the late s after nearly a decade of affirmative action to bring more blacks and members of other minorities into the mainstream of work and academic life through programs of recruitment and special assistance to redress historical imbalances and discrimination. The issue of affirmative action remains a difficult one for Americans to this day.
Affirmative action is often characterized as a quota system, though quotas need not be part of affirmative action at all. The Bakke case was an early…… [Read More].
Supreme Court of a ruling made by the United States Court of Appeals for the Third Circuit, which held that a university police officer's right to due process was violated by his employer when the former was immediately suspended without following a felony arrest. East Stroudsburg University ESU sought to overturn the Third Circuit's reversal of the district court's original summary judgment for the university, with the Supreme Court granting certiorari.
Facts of the Case: Homar was employed as a campus police officer by ESU, until an incident occurred in which Homar was arrested on drug charges relating to a raid executed at a family friend's house. Despite simply being at a friend's house…… [Read More].
Defense Witness Immunity the Supreme. Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial.
Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony.
Discussed is the fourth amendment and the current policies of searches and seizures. Fourth Amendment Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy.
However, according to the conclusion of the Court, the Fourth Amendment does not "protect all property interests or apply to all situations where people might wish to protect their privacy. A definitive victory for free speech The First Amendment in the United States of America's Constitution is perhaps the hallmark of what current President ush refers to continually as our "freedom.
Specifically, the First Amendment of the United States Constitution guarantees the right to freedom of religion and freedom of expression without government interference. Within that, the concept of freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.
The Supreme Court and the lower courts interpret the extent of the protection afforded to these rights. Phelps The First Amendment is part of the Bill of ights, and prohibits the making of any law " impeding the free exercise of religion," infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
However, in the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government Farber, , intro.
The First Amendment has been used over and over again to test the limits of free speech or exercising opinions that may be contrary to current public views, or even offensive to some. This was the case in a Supreme Court Decision, Snyder v. Supreme Court , in which…… [Read More].
Arizona the Federal Preemption of. They point out that neither the Constitution nor the Supreme Court has precluded the States or localities from enforcing the criminal provisions of immigration law. Because the enforcement of the criminal provisions of Federal Law has not been expressly prohibited by the Constitution, it would be reserved to the states respectively.
According to the Tenth Amendment of the. Constitution, "The powers not delegated to the nited States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. With this understanding of the Constitution, proponents argue that the disputed SB provisions are not immigration law provisions, but criminal law provisions. For example, the provision making it a state crime for an alien to be in Arizona…… [Read More].
Waterfront Commission, U. Supreme Court of a ruling made by the New Jersey State Supreme Court, which held that petitioners subpoenaed to testify at a hearing on the state level -- petitioners who had been immunized against prosecution on the state level -- were indeed in contempt of court for refusing to testify on the grounds that doing so would provide self-incriminating evidence which could be used against them on the federal level.
The petitioners had been subpoenaed to testify during a hearing overseen by the Waterfront Commission of New York Harbor, one which focused on a work stoppage at the piers in Hoboken, New Jersey.
Petitioners refused to answer several questions during this hearing on the grounds that doing so may tend…… [Read More]. Freedom of the Press and. The actual Campari ads portrayed interviews with various celebrities about their 'first times. Hustler mimicked the Campari format and created a fictional interview with Falwell in which he stated that his 'first time' was during a drunken incestuous rendezvous with his mother in an outhouse p.
Gun Control and Gun Trafficking. Kopel, a former assistant district attorney in Manhattan and presently a practicing attorney in Colorado writes in the work entitled: Only through the blatant abrogation of explicit constitutional rights is gun control even possible.
Each year approximately 7, individuals commit suicide and or fewer people die in accidents involving handguns. As a matter of fact,…… [Read More]. Fully explained due process protects accused abuses federal government. Due process was one of the first rights that were created in the U.
The history of due process comes from the year when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land.
Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due…… [Read More]. If one were the arresting officer, it appears as though the only charges that this individual could be charged with would be grand theft auto.
If you were the defense attorney what argument s in court do you make in court challenging the police stop of your client? As the client's defense attorney, one area of defense that I would no doubt engage in, would be the civil rights violations that come attached to racial profiling.
In this example, there is a very clear and very rampant violation occurring in that the driver of the care was being targeted as a potential suspect in this crime, based solely on the fact that he is of a Hispanic national origin.
This practice is largely based on the belief that certain kinds of people commit certain types of crimes, which can cause the biased…… [Read More]. Congress will assemble at least one a year, beginning on the first Monday in December.
Congress must have a minimum number of members in attendance in order to meet, and that it has the authority to fine those who don't show up. Members may be expelled if there is disorderly behavior or if the rules of proceedings are violated.
A journal of proceedings must be kept to record what goes on and votes that are made. Neither house can adjourn without the direct permission of the other. Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, which is a felony, or a breach of the peace. While in office, no member of Congress may accept another office…… [Read More].
In Article 1, Section 9 of the Constitution, Congress was limited from prohibiting the importation of slaves, at least until For twenty years, Congress was, by virtue of the Constitution, enjoined from any attempt to limit slave importation. Finally, however, Congress did pass a law outlawing the slave trade as of January 1, The final mention of slavery in the Constitution virtually prevented slaves from gaining freedom by escaping to a non-slave state.
The Fugitive Slave Clause states that the laws of one state could not excuse a person from "service or labor" in another state; in short, escaped slaves were to be extradited from free states back to slave states because the escapees were not truly human with rights to liberty, but rather property with no rights. Slaughter-House Cases Impact of the Slaughter-House Cases The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government.
This opposition arose from the fear that this new centralized government would demean and embarrass the states by forcing or administering and contradicting the state's decisions, laws and policies. Opponents of the constitution feared that "the powers granted to the proposed government were not sufficiently guarded, and might be used to encroach upon the liberties of the people" McClain After the ratification of the constitution by the states the desire for amendments and regulations that restricted the powers of the new government was voiced by representatives of those states.
There was extreme fear that the everyday rights and liberties of citizens of a state would be impacted, restricted and oppressed by a centralized form of government. The desire to…… [Read More]. U S vs Harris This Is. Tucker, deputy sheriff of said county, from giving and securing to the said Robert R.
Smith and others, naming them, the due and equal protection of the laws of said state, in this, to-wit, that at and before the entering into said conspiracy, the said Robert R. Smith and others, naming them, were held in the custody of said deputy sheriff by virtue of certain warrants duly issued against them, to answer certain criminal charges, and it thereby became and was the duty of said deputy sheriff to safely keep in his custody the said Robert R.
Smith and others while so under arrest, and then and there give and secure to them the equal protection of the laws of the State of Tennessee, and that the defendants did then and there conspire together for the purpose of preventing and hindering the said deputy sheriff from then and there safely…… [Read More].
Gideon v Wainwright Case Name. The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal system, the Court seems to recognize that if something has been established as a necessary minimum to guarantee due process in the federal system, it will also be the minimum in the states.
One thing about this case, and about most states' existing criminal systems, is that it differentiates between misdemeanors and felonies, by providing that those charged with felonies are entitled to an appointed attorney. However, the distinction between misdemeanors and felonies seems untenable; people charged with misdemeanors face the threat of the loss of liberty and property.
If due process cannot be protected without an attorney, and the Court feels that this threat is the same regardless of the degree of punishment,…… [Read More]. Ohio Case Brief Mapp v. I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures.
The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures.
Affirmative action Supreme Court hearing. Works Cited Abortion Law Homepage. Citizens of the United States. Works Cited Bressman, Jeremy. University of Minnesota Sociology Department. Klutznick, Secretary of Commerce of the United States, et al. Changing notions of maternal responsibility.
Our bodies, our crimes: The policing of women's reproduction in America. New York University Press. Retrieved April 4, , from Web site: Understanding the 6th Amendment. Trials of the First Amendment. The Supreme Court and Mass Media: Selected Cases, Summaries, and Analyses. A Reasonable Search for Constitutional Protection. Landmark Supreme Court Case. The Evolution of the Fourth Amendment. Criminal Justice in America. The second amendment states that "a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed" U.
Attorney's Office, , p. The amendment obviously refers to threats posed to state sovereignty by a national standing army; and not to a household's anxiety about intruders. The Constitution can be amended to make this perfectly clear by adding the words 'when serving in the militia'; such that the Second Amendment reads 'a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms when serving in the militia shall not be infringed" Stevens, D Theories of Constitutional Interpretation Theories of constitutional interpretation fall into several categories; pragmatism, constructionism, contextualism, intentionalism, textualism, and originalism, among others Wayne, I subscribe to a contextualism approach, because the context within which an event occurred says a lot about the intention of the doer.
In law enforcement, context plays a fundamental role in decision-making; for instance, when we say that someone acted in self-defense, we have taken into consideration the situation the subject was. Murder Conviction Most Foul: What Justin Wolfe's case in Virginia tells us about death row cases everywhere. Fourth Amendment View Full Essay. Sixth Judicial District Court of Nevada. Equal Protection View Full Essay.
Constitutional Law and the Criminal Justice System. Constitutional and Administrative Law. Rights of Individuals View Full Essay. The Bill of Rights: Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9 1 , An exclusionary rule for police lies. American Criminal Law Review, 47 1 , Texas Law Review, 82 1 , 1.
Due process as separation of powers. The Yale Law Journal, 7 , Massachusetts cited the state's interest in maintaining the confidence of the people in the democratic populace, and stated that the interests of natural persons under the law were "endangered by corporate participation in discussion of a referendum issue," assuming that corporations could "exert an undue influence on the outcome of a referendum vote" because they are so wealthy and powerful.
However, the court noted that "there has been no showing that the relative voice of corporations has been overwhelming or even significant in influencing referenda in Massachusetts or that there has been any threat to the confidence of the citizenry in government" What is Rehnquist's fundamental argument?
Although for certain purposes, corporations are treated like persons, they are in no way natural persons, and in the court decided the liberty protected by that Amendment "is the liberty of natural, not artificial persons. References Bill of Rights. Cornell School of Law. Revolutionary War and Beyond. Tennessee v Lane, U. Bibliography Constitution of the United States nd U.
Online available at http: And Benson, Bruce L. Criminal Justice in the Commons. An administrator's guide for responding to campus crime: Freedom of the press: The first amendment; its constitutional history and the contemporary debate.
A companion to the United States Constitution and its amendments. Let Us Be Officers of the Court. Guilty Until Proved Innocent: Wrongful Conviction and Public Policy. Bibliography Dieter, Richard C. No Evidence for Deterrence. And Johnson, Allan D. Board of Education of Topeka, U.
Civil Rights Act of , 18 Stat. Correctional Law View Full Essay. Government as administrator of prisons. A sampling of what gets collected. Prison Legal News v.
Columbia County et al. Works Cited Hirsch, Alan. References In re Gault, U. Hutchinson, VA, Persons, V. Standards in Determining Eighth Amendment Violations. Works Cited Blume, John H. Wilmington Parking Authority, U. The 14th Amendment states that people who are born in the U. Because of this, immagrants from all over are coming over to the U. I agree with this amendment, however others may disagree. Others may believe that in order for your child to become a citizen, the parents themselves must be citizens.
Constitution to require that children born in America be considered citizens only if they have at least one parent who is a citizen, a lawful permanent resident or an active member of the military. Not only is the 14th amendment important, it also protects certain rights of people.
For example, in an article at http: Otherwise, everyone that becomes an American citizen stays an American citizen, unless they give it up themselves. There are also many reasons for why we need the 14th amendment. For example, if we did not have the 14th amendment, then people with no options for constructive action are more likely to go into criminal gangs and political movements meant to violently overthrown or otherwise undermine the government.
As you can see, the 14th amendment is important and protects some of the rights given to people. Although I agree with the 14th amendment, others may disagree. For example, the claim that others have is that illegal immigrants abuse the 14th amendment by doing whatever they can to deliver their babies on American soil. Natural Law is a concept that has caused ambiguity throughout the history of Western thought. There is a multitude of incompatible ideas of natural law that have caused even those who are in basic agreement on natural law theory to have opposing notions on the particulars.
In spite of this confusion, there have been enough advocates among natural law thinking in Western society to make International law and national law are often in a conflict on some certain cases where it is hard to determine whether an international law will prevail or vice versa.
On the other hand, many theorists are ultimately concerned with a conflict between the two systems and that they have labored in an effort to assign a paramount rank to one system or the other to In the world of feminist research, there is a diversity of issues that can be studied, many of which are sensitive topics.
An issue I chose to focus my research on is female genital mutilation FGM. I have found that more research needs to be conducted on FGM, and it should be done in a way that respects the rights of the individuals and the I hope you are doing well. Recently, you wrote to us that you believe that the second agreement you have entered with ABC company was void as the consideration was inadequate.
However, you also mentioned that your father-in-law, Kasim contended that both agreements that you entered together with your father-in-law and ABC company were void because lack of good considerations.
- The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified. What amendment both grants the right to vote to men and then takes away that right to vote. If you answered the fourteenth amendment to both questions you would be right.
14th Amendment essaysThe 14th amendment provided the backbone for the civil rights movement. The civil rights movement was able to make major gains because it was able to make an argument for civil rights with the constitution on its side.
The 14th Amendment Before the time of the fourteenth amendment the only people that were protected under the Bill of Rights was the white men. Once the Emancipation Proclamation passed the government thought that it would be beneficial to have in writing that the blacks had equal rights to the white male. Mar 28, · The Fourteenth Amendment Essay Words | 4 Pages On a date that will be remembered forever as a step forward for our nation, July 28, , the Fourteenth Amendment became part of the U.S. Constitution.
The Fourteenth Amendment and Equality Under the Law Essay Words | 4 Pages The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in as one of the longest amendments to the Constitution with five parts in . Below is an essay on "The 14Th Amendment" from Anti Essays, your source for research papers, essays, and term paper examples. The fourteenth amendment of the United States Constitution is important because it expands the /5(1).