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Fourth Amendment Violations
4th Amendment Violations
Fourth Amendment Violations and Recourse
The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.
It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set the precedent that any…… [Read More]
School Policy Involving Students' 4th Amendment ights
Some of the nation's public schools are beginning to resemble medieval fortresses with armed guards stationed at entrances equipped with metal detectors. Although these steps have helped to prevent the introduction of weapons onto school grounds, more problematic are other types of contraband that inevitably find their way into the nation's schools, including tobacco, alcohol and drugs of all types, as well as pornography. When school officials believe violations of laws or school rules have been committed, they must of course take action to address such violations but there are some important issues that must be taken into account concerning when such searches are permissible and how they can be conducted in order to pass 4th Amendment muster. To determine what these issues are and how they affect school policies involved students' 4th Amendment rights, this paper provides a review of the relevant…… [Read More]
invasion of privacy under the fourth amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced.
The invasion of privacy is something that is taken very seriously in the United States of America and it is for this reason that the fourth amendment encompasses all areas in this respect, and safeguards the rights of all individuals. Although it is not very clear if this law is uniform or not because there appear to be cases where there has been exceptions to what the 4th amendment really says. For the past thirty years or more, innocent people traveling in different states have been pestered through no fault of their own. The police however believe that it is through this means of spot-checking that they have been largely successful at recovering weapons and drugs being transported around the country. ut…… [Read More]
The notion of fairness (due process) is evident throughout a criminal proceeding. Because one is presumed innocent, most accused are allowed to go free on bail while awaiting trial. This is directly based on the fact that the accused is presumed innocent and therefore cannot have their liberty removed without being found guilty of a crime.
Due process is also the root of the discovery rules in the United States. It is the notion of fairness that requires that an accused be apprised of the evidence against him/her. Only by having this information revealed, can a person adequately prepare to defend themselves against either a civil or criminal allegation. In other words, it is only fair. If one is not aware of the specific allegations and proposed evidence, one cannot possibly prepare an adequate defense.
The impact of the 14th Amendment also comes into play when applied to who can…… [Read More]
4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized modern society and also the legal rights of occupants as well as citizens to have liberty from unnecessary federal government interference with their very own freedom" (Zalman, 2008, pg 4) The model for crime control stresses on decreasing criminal offense inside a society via ways of elevated police as well as prosecutorial efforts. In comparison, the particular due process version concentrates much more on individual legal rights as well as protections and it is centered on restricting the authorities which the governing administration possesses. In this paper, these two models are assessed in how they affect the way the criminal process policy is formed for a society in which every person wants…… [Read More]
' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections.
The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual…… [Read More]
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a defensive weapon against society and the laws and proceedings that often took place, in that it allowed a person to insist that they did not have to and were not going to answer a particular question that was asked of them, and what was more, they did not have to answer the question because they were protected under the law.
Somewhere along the way, though, this protection that was designed for a very specific purpose began to be extended to other purposes, therefore 'watering down' the importance of the 5th amendment and making it into somewhat of a joke as opposed to a serious legal matter that can…… [Read More]
On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as required by the 4th Amendment (Schmalleger, 2009).
The Supreme Court decided that the type of search the police officer conducted was not prohibited by the 4th Amendment. Instead, it was a reasonable and appropriate means of ensuring the safety of the officer from concealed weapons in a tactical situation in which that concern was appropriate in light of the totality of the circumstances in which it occurred. While the 4th Amendment does prohibit more invasive searches with the intention of finding evidence of crimes, (such as for concealed contraband or of small containers), it does not prelude an external frisk now known as a Terry frisk or Terry…… [Read More]
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)
At the heart of these issues…… [Read More]
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…… [Read More]
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.
The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003).…… [Read More]
first amendment of the Constitution addresses both freedoms of speech and religion (Constitution Bill of Rights). ithin these two broad themes, there are various clauses (First Amendment Online). The First Amendment restricts government from passing laws aimed against free excersise of any religion, and also restricts the government from "establishing" or favoring a particular religion (First Amendment Cyber Tribune). In addition to allowing freedom of speech, the amendment also allows freedom of the press, the right to petition government, and the right to assemble (First Amendment Online).
For the purposes of this paper (and survey), I am going to focus on the issue of free speech within the context of the First Amendment. My survey consisted of 4 questions regarding speech in America. Firstly, I asked the individual if he or she believed it was a fair law. The consensus regarding this question was that the First Amendment was not…… [Read More]
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]
MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco
The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…… [Read More]
First Amendment of the U.S. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. Right?
ell, mostly. hile in general Americans are protected by the First Amendment so that we can say whatever wise or witty or stupid or offensive thing that we like. However, there are important exceptions to this general condition: Not all speech is equally protected. This paper examines one of those arenas in which greater-than-usual restrictions are placed upon what people may say and the way in which they may say it. Billboards, as a very public example of commercial speech, are restricted in ways that a person standing on a street under a billboard talking to her friend is not.
Advertising is indeed protected by the First Amendment of the U.S. Constitution. Advertising…… [Read More]
The reality is that most jurisdictions have, in effect, changed this requirement by designating specific courts as small claims courts, where disputes are not settled by juries. Moreover, even in federal-level litigation, the amount in controversy required for most suits means that many litigants lack standing to proceed in a federal court, much less have a jury trial. What this amendment demonstrates is that the process for amending the Constitution has failed to keep up with the changes that are warranted by that process. To work around the fact that the modern court system would grind to a halt if every person with a twenty dollar dispute were entitled to a jury trial, the Courts have interpreted this amendment to mean that people are entitled to a jury trial if they would have been entitled to one under the common law. However, that is clearly not adhering to the…… [Read More]
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.
The First Amendment
The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.
The First Amendment reads "Congress shall make no law respecting an…… [Read More]
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]
First Amendment and Television
The subject of television and censorship has long been an issue of heated debates across the country.
The First Amendment to the United States Constitution states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. pp).
On June 8, 1789 James Madison introduced his version of the speech and press clauses in the House of Representatives, stating, "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable" (Freedom pp). The special committee rewrote the language somewhat, adding other provisions from Madison's draft,…… [Read More]
The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person was to publicly endorse the assassination of the President, that person would be quickly arrested and most likely thrown in jail, an act that stands in deep conflict with the idea of "free exercise."
The Second Amendment has also become the center of attention regarding a person's right to own firearms and issues related to gun control. The National Rifle Association (NRA) highly endorses the 2nd Amendment and goes to great lengths to lobby Congress for less restrictive measures related to owning specific kinds of firearms, such as machine guns, AK-47's and other high-powered weapons. With handguns, a good number of legal efforts in recent years…… [Read More]
1st Amendment Issues
A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]
On the Hobby Lobby case, the First Amendment was challenged about whether it protected the religious beliefs of an employer when it comes to the decision not to pay for insurance meant for contraceptives. The Snyder vs. Phelps case was also related to religious picketing where the issue of sidewalk picketing was under the scrutiny of whether it was outrageous. The WBC church had held a picketing in a funeral and was found guilty of saying outrageous comments in a funeral. However, the Supreme Court of United States in an 8-1 decision argued that the church was constitutionally protected to say whatever they wanted as far as they did not affect the ceremony. It was established that they had avoided the ceremony and had not been involved directly in stopping the ceremony (Zipursky, 473).
The Supreme Court of the United States favored Hobby Lobby in its ruling asserting that under…… [Read More]
First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.
In the past, the U.S. Supreme Court has allowed censorship of certain types…… [Read More]
The government was triggered for the sake of the people. People had honor and dignity. each person was important, and the privacy and dignity of each had to be respected.
Given the ambitions of man and man's love for power, it is all too easy for man to rise to positions of power and dominate others. The Fourth Amendment is important in that it protects the honor and asserts the significance of even the 'least' individual in the country. In this way, the Fourth Amendment prevents the situation of a Fuhrer or Third Reich happening on this soil since certain safeguards are put into place that have to be kept at all costs.
Further indications of the importance of this Amendment can also be seen from the instance when Jentick, an Earl of Camden, was indicted for attacking both government polices and the monarch. His private papers were ruffled and…… [Read More]
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.
he language of the provision which became the Fourth…… [Read More]
Effective strategies after the 13th and 14th amendments
The 13th amendment to the constitution was widely welcome by many Americans and the world at large as it gave the surety of freedom from slavery in the legal standing of it. The most famous and important section of the Declaration of Independence read that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable ights, that among these are Life, Liberty and the pursuit of Happiness." This was an assurance that the freedom of each person living in America would be guaranteed and that no person will live under the command or control of another person due to the race or color. Further, the 14th amendment came into place to entrench and ensure the equality among the Americans (Hole ., 2001). It was one of the…… [Read More]
Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).
For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]
It would also be highly recommended that there are designated buffer zones between the convention and any designated First Amendment Zones. Additionally, these zones must be away from any other public areas. If they are too close to public areas, like malls, they may inadvertently disrupt the flow of the public and endanger passersby.
There are also recommendations for general policy of the possible disruption of protest groups at the DNC event. If officers were to commence in disrupting the protest groups, it would be absolutely necessary to show they were acting in accordance with the misdemeanor violation of Section 870.02 in the 2002 Florida Statutes. Essentially, this would mean that officers would have to prove more than three individuals were acting in a way to disturb the peace, rather than to peacefully assemble. It is true, "no actual breach of peace needs to take place" (Unlawful Assembly Dispersal Order).…… [Read More]
10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Mcpherson, 2009, p. 254). The Supremacy Clause is "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard…… [Read More]
2nd Amendment to U.S. Constitution
Laws regarding the use and safety of weapons in the United States date back to
1837, when Georgia's ban on handguns was ruled unconstitutional. Subsequent legislation has been scrutinized by courts -- including the High Court -- and in numerous cases the rulings have supported a citizens' right to keep and bear arms except in certain cases. In District of Columbia v. Heller, the last decision offered
by the Supreme Court in 2007, a law banning handguns was struck down based
on the Second Amendment. How this ruling will ultimately affect states and local governments remains to be seen, but this paper carefully reviews opinions from the majority and minority on the Court. This paper also presents what the Court considers enumerated rights and how the gun lobby might be impacted by the ruling -- as well as those advocating for gun safety. Scholarly, peer-reviewed…… [Read More]
Sixth Amendment right to counsel applies to everyone, but it can be difficult to ensure that it is correctly applied to defendants with disabilities. That has led to major problems, and has been addressed by several cases, including Faretta v. California (1975), McKaskle v. Wiggins (1984), Godinez v. Moran (1993), and Indiana v. Edwards (2008). These cases showcased the issue that the standard for competency to stand trial was linked to the standard for competency to represent oneself. While that seems to make perfect sense, it is actually quite harmful to people who have disabilities, because they may not be able to correctly represent themselves and cannot always be held to the same standards that would be seen with people who do not suffer from any kind of disability. The right to counsel is highly important, because not having counsel can make it very difficult for a defendant to assert…… [Read More]
First Amendment including kind cases
The First Amendment is imbued with a degree of preeminence that supersedes virtually all other amendments of the United States Constitution, largely because it was the first of many. As such, its importance to the country and to protecting the rights of its citizens is largely self evident. Perhaps one of the most cogent testimonies to this fact is the numerous times this amendment has been cited in litigation enacted in this country. These many cases allude to the notion that the rights guaranteed by the First Amendment, which are stratified in accordance to religion, freedom of speech, and lawful, peaceable assemblage, are vital to some of the most fundamental principles upon which the country was founded. An examination of the most salient of these court cases, as well as of the various components of this amendment, largely indicates the veracity of the preceding statements.…… [Read More]
Enactment of Amendment XIX and its contribution to the achievement of equal female rights
The enactment of the 19th amendment empowered women on many fronts. They were allowed to vote and consequently seized the opportunity to influence political decisions. The enactment saw the legalization of contraception and even abortion. There was economic empowerment too in the process. The more common availability of reproductive services and education doors increasingly opening up, more women enrolled in education institutions sought higher education. These developments also ushered in an era in which women began to occupy sensitive professional positions in the society. The amendment aimed at giving hope to all women. African-American women sought to link suffrage to race and gender across the country; so as to make sure that the benefits were not just paper-based policies, but practical processes for actual empowerment. Indeed, the African-American women believed that taking part in…… [Read More]
The doctrine of incorporation was traced to the Quincy ailroad vs. City of Chicago (1897) where the Supreme Court required state to offer compensation to the property appropriated by either the local government or state government. In the Gitlow v. New York (1925), the court also expressly held States to protect the freedom of speech. Since 1920s, the Court has been steadily incorporating a significant part of the Bill of ights.
The First Amendment is one of the basic provisions of Bill of ights, which is the backbone of American liberty that guarantees freedom of press, speech, religion, and petition. While some provisions of the First Amendment have been selectively incorporated into the Bill of ights, however, some provisions have still faced challenges in selectively incorporated. The doctrine of selective incorporation has led to a long lasting debate in the United States revealing whether the Bill of ights…… [Read More]
An extensive period in US history has witnessed specific segments of the nation's population (such as females, Blacks, etc.) deprived of voting rights. The female suffrage movement or struggle for winning voting rights for females continued throughout the major part of the 1800s and into the early 1900s[footnoteRef:1]. While a few states allowed female participation in elections, both as contesters and voters, before the 19th Amendment's enforcement, its ratification on 18th August, 1920 ensured voting rights were extended to every woman in America[footnoteRef:2]. Ever since its ratification, US society has universally acknowledged female voting rights. [1: William W. Hodes, "Women and the Constitution" Rutgers L. Rev. 25 (1970): 26.] [2: Carol Lynn Yellin, "COUNTDOWN IN TENNESSEE" American Heritage 30, no. 1 (1978): 12.]
The American Constitution's Nineteenth Amendment accords an equal right to both males and females to vote. It asserts that the federal and state governments shall not…… [Read More]
Hearsay evidence and the Confrontation Clause of Amendment VI.
The main objective of the American constitutional provision under study was: prevention of ex-parte affidavit deposition, which was employed against prisoners in place of personal questioning and cross-questioning of witnesses. (CS/LII Annotated Constitution Sixth Amendment).
The main objectives that this paper will look at include:
The confrontation right is one among the basic assurances of liberty and life
The 6th Amendment's Confrontation Clause assures one key aspect of the process of adversarial trial (Sixth Amendment -- ights of Accused in Criminal Prosecutions)
Challenging questions pertaining to these rights' limits and scope
A set of principles may be derived from available Maryland appeals court and U.S. Supreme Court cases connected with the clause, for aiding busy practitioners or trial judges with speedy and accurate analysis of potential issues relating to it, even right in the midst of trial, where there is no…… [Read More]
Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of the challenges in determining a fair balance. As a result of this interpretation, a public-order advocate may argue that the exclusionary rule has restricted the capabilities of law enforcement officers to effectively safeguard the community. In contrast, an individual-rights advocate may claim that the changes have contributed to positive police reforms, which necessitates the expansion of such rights. Therefore, the exclusionary rule continues to generate various debates regarding its impact and relevance in the modern society.
Generally, the exclusionary rule is a right to be free from the Fourth Amendment's unreasonable searches and seizures, which in turn provides a dilemma for the society. For some people, this rule gives every individual the right to…… [Read More]
Since Wolf refused to give up the unedited portion of his videotape, he was served with a subpoena to force him to give up the tape by the District Attorney for the Ninth Circuit Court. He refused to comply with the subpoena, and was held in contempt of court. This process fits into the court structure in that a subpoena is used during the preliminary stages of a trial in order to allow both sides the capability to uncover all facts, allow all witnesses to be called, and to collect any other preliminary information needed before proceeding with the trial. "Contempt of Court" is a device used by the court system to attempt to coerce compliance with subpoena's issued under the law by means of fines or imprisonment. Wolf was imprisoned for being in contempt of court, and his lawyers argued in federal court to quash the subpoena, stating that…… [Read More]
Prosecutors understandably want to win cases and police want to keep criminals off the streets: that is their job and usually they perform it well. However, illegal search and seizure is against the law just as armed robbery is against the law. To turn a blind eye to illegal search and seizure is to invite tyranny into our borders, to create a state in which citizens live in fear of the police and in which police can routines abuse their position of power.
As Fyfe suggests, police should periodically receive retraining and reeducation and should be routinely subject to "supervision, monitoring, and discipline" (p. 381). Public policy should reflect a stricter interpretation of the Fourth Amendment and we should do away with Operation Pipeline-like slippery slopes. Police officers and public prosecutors do a good enough job without having to resort to illegal means. Permitting a ridiculously liberal interpretation of the…… [Read More]
Or, as Saletan points out, those three elements "by deduction, are the due process test" (2011).
But this ought to leave a bad taste in one's mouth because all three of these elements can be manipulated to violate one's due process right.
"hich leaves us with an awkward bottom line. If the target is a suspected terrorist, "imminence" can be redefined to justify killing him. If the weapon is a drone, feasibility of arrest has already been ruled out -- that's why the drone has been sent to do the job. So in any drone strike on a U.S. citizen suspected of terrorism, only one of the three questions we supposedly apply to such cases is really open: Has he been fighting alongside al-Qaida? If he has, we can kill him. That's the same rule we apply to foreigners. In effect, citizenship doesn't matter. The "due process" test is empty"…… [Read More]
This essay is on the law cases Virginia v. Black and Texas v. Johnson.
Issues before the Court
The issues before the court in the two cases were related to the first Amendment about the speech. Hate speech, in particular, was the concept that was analyzed. In Texas vs. Johnson, the issue was whether cross burning is one of the constituents of symbolic speech as provided by the First Amendment. In Virginia vs. Black, the issue was whether cross burning statutes in Virginia or any other state as a prima facie evidence unconstitutional or not (Holzer, 649).
The decision of the courts and the reasons
In Texas vs. Johnson, the court ruled in favor of Johnson. It argued that cross burning constitutes symbolic speech and the First Amendment in the Constitution protects it. The reasoning of the majority argued that the freedom of speech protects some of the actions that…… [Read More]
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for the same crime. On its face, the Fifth Amendment appears to be clear but there are nuances that are been interpreted over the years that make its application more intriguing including the possibility, that given certain circumstances, defendants can face double jeopardy.
The recognition that double jeopardy was a legal reality began when the U.S. Supreme Court rendered its decisions in Bartkus v. Illinois (Bartkus v. Illinois, 1959) and Abbate v. United States (Abbate v. United States, 1959). Beginning with these…… [Read More]
By enacting the Black Codes, starting in 1865, following the 13th Amendment, however, and by giving birth, in 1866, to the Ku Klux Klan and its reign of terror over the freedmen, the southern states successfully circumvented the actual enjoyment by blacks of most of the freedoms granted them by the 13th Amendment.
The Constitution of the United tates of America [Article II]. A History of the American People.
Ed. Harry J. Carman et al. 2nd ed. Vol. 1. New York: Knopf, 1960. 776.
Hill, Elias. "Testimony before Congressional Committee Investigating the Ku Klux Klan, 1871." Reading the American Past: elected Historical Documents. Ed. Michael
Johnson. 2nd ed. Vol. 2. New York: Bedford, 2002. 9-13.
Jefferson, Thomas. The Declaration of Independence. A History of the American People.
Ed. Harry J. Carman et al. 2nd ed. Vol. 1. New York: Knopf, 1960. 759.
Mississippi Black Code, November 1865." Reading…… [Read More]
MUSIC AND CENSORSHIP the FIRST AMENDMENT U.S. Constitution: Congress make law respecting establishment religion, prohibiting free exercise thereof; abridging freedom speech, press; people peaceably assemble, petition Government a redress grievances.
Photography as art: Walter Benjamin on photography
The invention of photography was initially viewed as a challenge to conventional forms of art because it could more perfectly replicate the surface of reality than any human brushstroke. However, artists were able to meet this challenge through using the human imagination and decentralizing the emphasis on replication. But Walter Benjamin argued that photography still posed a very profound and troubling challenge to art. Before, when people gazed at art, they were gazing at something recognizably 'other' that could not be reproduced and was an object with its own integrity. In contrast, a photograph can always be reproduced in its entirety and thus exists as a commodity. People long for some originality in…… [Read More]
Geolocation of the user based on the user's Internet protocol (IP) address. Location-based service companies that specialize in identity protection use this approach, and IP addresses, blocks of IP addresses and credit card billing addresses can all be used to develop a location profile.
2. Personal computer/web browser identification examines the hypertext transfer protocol (HTTP) browser header and other information from the user's computer or device, and compares them to what are expected. This approach compares the time expected from a user's originating geolocation with the actual timestamp that was applied to the information (Malphrus, 2009).
Taken together, these trends in geolocation technologies indicate that like it or not, consumers will increasingly be subjected to situations in which their precise geolocation is known and broadcast to others who may want to use this information for illegal or unethical purposes and these issues are discussed further below.
Legal Implications of Geolocation…… [Read More]
California Versus Greenwood
The police in Greenwood's local area suspected him of conducting illegal drug trade from his residence. The police did not have any evidence to secure a search warrant in his residence. So, they decided to rummage through the garbage he had left for pick up at the curb of his residence. They uncovered evidence that suggested drug abuse. They used the evidence to successfully secure a search warrant. They proceeded to search his house and arrested him and charged him for felony (Minor, 2-4). The search was illegal. The subsequent debate for scholars and critics alike was on whether the search without a proper warrant amounted to a violation of the Fourth Amendment.
The case under review touched on the protections extended by the law in the 4th Amendment including the exclusionary limits. The question arises on what exactly the limit of an individual's privacy…… [Read More]
easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)
Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.
Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…… [Read More]
Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.
The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.
Is this an invasion of the student's privacy?
Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place…… [Read More]
Terrorist is Created:
Terrorist acts are usually motivated by two major reasons i.e. The belief that violence or its threat will be suitable in contributing to change and social and political injustice. Throughout history, many terrorists have stated that they chose violence because they felt they had no alternative after long deliberations. In this case, these terrorists have considered violent acts justify the ends following long deliberations. Notably, there are various factors that contribute to the development and recruitment of terrorists, especially political, religious, economic, and cultural conditions. In most cases, the political and social conditions have been considered as the major factors that result in the creation of a terrorist. Through these conditions, people choose terrorism in attempts to right perceived wrongs in their social or political lives. These individuals resort to violence or its threats when they feel that they have been stripped of their land or denied…… [Read More]
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization alludes to the 4th Amendment in pointing out that the legal approach to warrantless searches has "been broadened" in the past few years. The Court has given the green light to searches that are justified by "special needs beyond the normal need for law enforcement," and this ruling could apply to use of ALPR data-gathering (Find Law, 2010, p. 2). In fact, instances where "warrant and probably cause requirements are dispensed with…in all of these instances the government's interest has been found to outweigh the individual's (Find Law, p. 3). The readers used by police will no doubt catch some criminals and violators of motor vehicle laws -- but will…… [Read More]
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…… [Read More]
I want you to put yourself in their shoes and then tell me how you would feel if someone--anyone -- got a hold of your personal information, your private information, your identity, and used that information to buy stuff online. To commit Grand Theft.
Now, the defense is going to try to steer your minds away from the crime that was committed and will tell you that the police were not entitled to use canines in their search for drugs at - school. Of course, we as the state believe 100% in the protection of your rights and freedoms as Americans. We hold strong to the 4th Amendment of the constitution.
But in this case, these children were attending school. A key phrase in this trial is the "reasonable expectation of privacy." You and I have a reasonable expectation of privacy when we are in our own homes, don't we?…… [Read More]
police officers should follow to stop people for questioning.
"High-crime zones" are recognized by constitutional law: people in such areas have Fourth Amendment safeguards, distinct from those within different areas of those towns, states or cities. This step is representative of a big shift from equality of constitutional protections of every citizen. In some cases, regarding the Fourth Amendment, ranging from Adams v. Williams to the Illinois v. Wardlow case, the U.S. Supreme Court has considered neighborhood's character as one of the aspects in finding "sensible suspicion" in order to stop an individual. The neighborhood's character is not a sole validation criterion for stopping someone, but it has given two factors as the required circumstances: "high-crime zone" and 'unwarranted' running away from the police (Ferguson and Bernache, 2008). Lower level courts have also allowed high-crime zones and other otherwise innocent deeds to be considered reasonable enough suspicion to stop…… [Read More]
Why Due Process Matters in the US Constitution
The Importance of the 6th Amendment and the Right to Effective Counsel
Unit 1-5 Journals Criminology: The Core
This unit looks at biological and psychological trait theories, social structures and how standards influence criminal outcomes. Conflict theory was the most interesting theory for crime because it looked at the persona conflict issue and that people are inherently in conflict with one another at some point, and that crime occurs because of that conflict. It is interesting that it grew out of Marx’s approach to capitalism, but what I find most compelling about it is that it explains crime basically perfectly: crime is committed because one person wants what someone else has. There is a conflict because person B is not willing to do what person A wants. This is especially relevant because of the role confusion that resulted after the…… [Read More]
Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal police department requires private security officers to be licensed as "special police" officers in order to legally search or arrest people. Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1.
4. Industries and organizations that use special and/or commissioned officers and for what purposes
a. There is a truly broad range of industries and organizations which use special police officers. These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force. These often involve the need…… [Read More]
Police Traffic Stops
The facts contained below considers the major elements that institute a traffic stop as being defensible and legally professional. It will also consider the case laws that established the legality of check points and traffic stops.
Traffic roadblocks and stops come under the 4th Amendment protection against unreasonable seizures and searches because they hinder our freedom of movement.
A traffic stop usually occurs when a law enforcement agent signals a motorist to stop by the roadside (Traffic Stops and oadblocks-Lawyers.com). This stop comprises a seizure under the Fourth Amendment because it stands in the way of the freedom of movement of the motorist. For this stop to be valid under the Fourth Amendment of the United States Constitution, the law enforcement agent must look at specific and expressed facts to lend support to probable cause of criminal conduct or reasonable suspicion.
Although a law enforcement agent…… [Read More]