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Gideon v Wainwright 1963
Words: 1065 Length: 4 Pages Document Type: Essay Paper #: 80585534
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Introduction
The Sixth Amendment provides for the rights of criminal defendants. An accused person has a right to a lawyer. All state courts have to provide legal counsel for the defendant if they cannot afford to hire their own. Lack of legal representation is an infringement on the Accused's right to representation and fair trial. The Supreme Court set this precedence in Gideon v. Wainwright by ruling that people accused of felonies must be provided with a lawyer if they cannot afford one. 
Gideon v. Wainwright 372 U.S. 335 (1963)
Background of the case
In 1961, Clarence Earl Gideon was accused of robbing a pool hall and stood trial in Florida State Trial Court (the court of original jurisdiction). However, Gideon could not afford a lawyer to represent him in court. He requested the court seeking that he be provided with a lawyer. An issue arose because the Florida State Trial Court only provided lawyers…

6th Amendment
Words: 472 Length: 2 Pages Document Type: Essay Paper #: 37262889
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Amendment

The Sixth Amendment to the U.S. Constitution offers a set of protections from a potentially overbearing criminal justice system. The amendment reads as:

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 the assistance of counsel for his defense[footnoteRef:1]. [1: (Cornell University Law School)]

The law protects individuals from allegations of criminal conduct that are false by providing them a public trial by their peers.

The concept of a jury trial is not a new phenomenon and has its roots that date back to…

Works Cited

Cornell University Law School. "Sixth Admendment." N.d. Cornell University Law School. Online. 31 December 2014.

Mendelle, P. "Why juries work best." 21 February 2010. The Guardian. Online. 31 December 2014.

Stull, B. "The Importance of the Sixth Amendment Right to Counsel in Capital Cases." 17 September 2008. ACLU. Online. 31 December 2014.

Criminal Justice the 6th Amendment
Words: 1034 Length: 3 Pages Document Type: Term Paper Paper #: 77741388
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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…

References

Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:

 http://www.lectlaw.com/def2/s107.htm 

Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site:  http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding 

The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-

4th 5th 6th Amendments Safeguarding
Words: 665 Length: 2 Pages Document Type: Research Paper Paper #: 66566432
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' 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…

Works Cited

Hobbs, Howard, JD, PhD. "Fifth Amendment Review." American Law Review. May 5, 2001. Retrieved from the web on February 20, 2011 at  http://www.americanlawreview.com/fifth_amend_review.html 

Means, Randolph B. "Interrogation Law…Reloaded: The Two Rights to Counsel." The Police Chief. February 2001. Retrieved from the web on February 20, 2011 at  http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=171&issue_id=122003

Supreme Court Second Amendment Case
Words: 1678 Length: 5 Pages Document Type: Essay Paper #: 92259243
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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.…

21st Amendment and Its Impact
Words: 1727 Length: 6 Pages Document Type: Term Paper Paper #: 15865460
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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.

orks Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003).…

Works Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003). "Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine." Fordham Urban Law Journal 30(6):1849.

Kyvig, David E. Law, Alcohol, and Order: Perspectives on National Prohibition. Westport, CT: Greenwood Press, 1985.

Livingston, William S. Federalism and Constitutional Change. Oxford: Clarendon Press, 1956.

Soil Amendments and Yellow Bean
Words: 2079 Length: 8 Pages Document Type: Term Paper Paper #: 67387035
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Sugar and leaf litter appeared to have an inhibitory effect, except in the area of root mass. These results were similar to those obtained by Levy & Taylor (2003). Their study also found an inhibitory effect in treatments with municipal wastes and pulp mill wastes. Similar to the results of this study, their tests found that horse and mink manure resulted in the greatest improvement in plant growth. However, Muenchang and associates (2006) found the sugar mill by-products improved the nitrogen fixing ability of plants by encouraging the development of certain bacteria on the roots.

There are many field trials that are similar to those conducted in this study. Tuber yield and size were not affected significantly by the application of straw mulch on potatoes (Doring, et al., 2005). However, La Mondia and associates (1999) found that straw applied to potatoes increased yield in tubers exposed to certain potato pathogens.…

References

Doring, T., Brandt, M., Heb, J., Finckh, M., & Saucke, H. (2005). Effects of straw mulch on soil nitrate dynamics, weeds, yield and soil erosion in organically grown potatoes. Field Crop Research, 238-249.

Hameeda, B., Harini, G., Rupela, P. & Reddy, G. (2006). Effect of composts or vermicomposts on sorghum growth and micorrhizal colonization. African Journal of Biotechnology. 6 (1), 9-12.

Kim, K., Nemec, S., & Musson, G. (1997). Control of Phytophtora root and crown rot of bell pepper with composts and soil amendments in greenhouse. Applied Soil Ecology. 5, 169- 179.

La Mondia, J., Gent, M., Ferrandino, F., & Elmer, W. (1999). Effect of compost amendment or straw mulch on potato early dying disease. Plant Disease. 83: 361-366.

Fifth Amendment to the Constitution
Words: 1350 Length: 4 Pages Document Type: Term Paper Paper #: 93438019
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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"…

Works Cited

Cornell University Law School. (n.d). Bill of Rights from Cornell University Law

School. Retrieved from:

 http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv .

Lithwick, D. (2011, July 14). Murder Conviction Most Foul: What Justin Wolfe's case in Virginia tells us about death row cases everywhere. Slate.com. Retrieved from  http://www.slate.com/articles/news_and_politics/jurisprudence/2011/07/murder_c

Fourth Amendment
Words: 566 Length: 2 Pages Document Type: Paper #: 82243369
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obbery Scenario

In this particular scenario, the police stopped a driver based upon the fact that the driver matched the description of the cashier who was the victim of the robbery and the driver had an Alabama student parking sticker (the store's robber was wearing a cap and a t-shirt from this university). The suspect was not speeding when the license was obtained, it should be noted. But the actions of the officer were consistent with stop-and-identify laws which permit police to ask suspects for licenses or other identification.

Supreme Court has generally not looked favorably upon stop-and-identify laws when they have been under its review. In the case of Kolender v. Lawson, 461 U.S. 352 (1983), one of the most recent stop-and-identify cases, the statute was deemed "unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what…

References

Hiibel v. Sixth Judicial District Court of Nevada. (2004). Retrieved from:

 http://caselaw.lp.findlaw.com /scripts/getcase.pl?court=U.S.&vol=000&invol=03-5554&friend=nytimes

Kolender v. Lawson, 461 U.S. 352 (1983). Retrieved from:

 https://supreme.justia.com/cases/federal/us/461/352/case.html

Defense Witness Immunity the Supreme
Words: 6352 Length: 22 Pages Document Type: Thesis Paper #: 41754631
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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. Id. 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."

The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…

Bibliography

Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School

Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights

Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.

UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at:  http://www.altlaw.org/v1/cases/557484

Montejo v Louisiana 556 U S 778 129
Words: 1180 Length: 3 Pages Document Type: Essay Paper #: 62945812
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Montejo v. Louisiana, 556 U.S. 778, 129 S. Ct. 2079, 173 L. Ed. 2D 955

Jesse Montejo and Jerry Moore were interrupted during a burglary by the owner of the residence, Lewis Ferrari (U.S. Supreme Court, 2009). Montejo was picked up for questioning the next day and after waiving his rights under Miranda v. Arizona (384 U.S. 436, 1966), admitted to shooting and killing Lewis Ferrari during the burglary. When Montejo was arraigned two days later in court, he stood mute as the court appointed counsel.

A few hours after the arraignment, police detectives visited Montejo at the jail (U.S. Supreme Court, 2009). During the end of the ensuing discussion, Montejo waved his Miranda rights and agreed to take them to the murder weapon. During the trip to locate the murder weapon, Montejo wrote a letter of apology to the victim's widow.

The defense attempted to suppress the letter of…

References

Bretz, Emily. (2010-2011). Don't answer the door: Montejo v. Louisiana relaxes police restrictions for questioning non-custodial defendants. Michigan Law Review, 109, 221-256.

U.S. Supreme Court. (2009). Montejo v. Louisiana: certiorari to the Supreme Court of Louisiana. FindLaw.com. Retrieved 10 July 2012 from  http://caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=000&invol=07-1529.

Rights of Individuals
Words: 1053 Length: 3 Pages Document Type: Term Paper Paper #: 16288381
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Protecting Liberty

Individual rights

Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).

One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…

References

ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from  https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history .

Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.

LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from  http://www.law.cornell.edu/wex/criminal_procedure .

Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.

Panetti v Quarterman Title and
Words: 1424 Length: 5 Pages Document Type: Term Paper Paper #: 68619666
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Panetti has not challenged those factual findings on appeal."

Panetti could not be considered incompetent to stand execution based on Ford v. Wainwright. Similar to Panetti, Ford did not initially argue mental illness, but during the trial he developed a severe form of mental disorder, leading to his unawareness of the crimes he had committed and of the reasons for his capital punishment.

The involved parties were both counting on Justice Powell's previous expertise in the Ford v. Wainwright case and were hoping that the judge would be better able to understand both sides.

The dismissal of the second issue of the case, that of the habeas relief motion, is based on the argument that Ford only "requires an opportunity for the petitioner to be heard and an impartial tribunal - both of which Panetti received." Other requests of Panetti's were dismissed. "ecause the state-court procedures were adequate under Ford,…

Bibliography

Supreme Court of the United States, Syllabus, Panetti v. Quarterman,

Panetti, Scot v. Quarterman, Nathaniel, Northwestern University, Medill Journalism, January 9, 2007, http://docket.medill.northwestern.edu/archives/004241.php, last accessed on October 11, 2007

Scot Louis Panetti v. Nathaniel Quarterman: Brief for Respondednt, No. 06-6407 in the Supreme Court of the United States

Tim Birnbaum, Panetti v. Quarterman (06-6407): Death Penalty, Mental Illness, Factual Awareness Standard, Eight Amendment, Retribution, Cornell University Law School,  http://www.law.cornell.edu/supct/cert/06-6407.html , last accessed on October 12, 2007

U S Constitution the Effect That Ever Changing
Words: 1977 Length: 6 Pages Document Type: Research Paper Paper #: 54174002
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U.S. CONSTITUTION

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…

References

Epps, G. (2008). Freedom of the press: The first amendment; its constitutional history and the contemporary debate. Amherst, N.Y: Prometheus.

Vile, J.R. (2010). A companion to the United States Constitution and its amendments. Santa Barbara, Calif: Praeger.

Epps, G. (2007). Democracy reborn: The Fourteenth Amendment and the fight for equal rights in post-Civil War America. New York: Henry Holt.

Chemerinsky, E. (2007). Interpreting the constitution. New York u.a: Praeger.

Miscarriage of Justice in Gideon v Wainwright
Words: 975 Length: 3 Pages Document Type: Essay Paper #: 76203163
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Injustice in the Supreme Court

Gideon v. Wainwright

This was a case where Gideon was a defendant and was denied the right to have a counsel defending him because he was not charged with a capital offense. The Florida court argued that the court was only obliged to provide him with a counsel if he was charged with a capital offense. However, upon taking the case to the Supreme Court, it was determined that every citizen was entitled to a counsel who would defend him against prosecution. The argument is that justice cannot be achieved without providing the defendant with the right to a fair hearing. On the same note, it is the right of the courts to ensure that even those who are unable to pay a legal counsel to defend them are provided with a public defendant who will ensure that their interests are taken care of (Blount,…

U S Constitution Criminal Justice and
Words: 2301 Length: 8 Pages Document Type: Thesis Paper #: 36498372
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The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.

VI. The ISSUES & the DEATE[S]

The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…

Bibliography

Constitution of the United States (nd) U.S. Government Printing Office (GPO) Access: Sixth Amendment Rights of Accused in Criminal Prosecution. Online available at http://www.gpoaccess.gov/

Rasmussen, David W. And Benson, Bruce L. (1994) the Economic Anatomy of a Drug War: Criminal Justice in the Commons. The Independent Review. Vol. 1, No. 2 Fall 1996. The Independent Institute.

Jones, Ben (2008) Sex Offenders May Get Special Tags. USA Today. 23 Oct 2008. Online available at  http://www.usatoday.com/printedition/news/20070502/a_licenseplates02.art.htm

Troy Stone Is Showing How the Police
Words: 1666 Length: 5 Pages Document Type: Research Paper Paper #: 46722790
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Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the confession. To fully understand what is occurring requires focusing on: possible arguments which can be raised on Stone's behalf, if there was a violation of his constitutional rights and case law that supports these claims. Together, these elements will illustrate how Stone's civil rights were violated during the course of the investigation.

Discuss the arguments you think Taylor will raise on Stone's behalf regarding the lineup, interrogation, and confession.

There are a number of arguments which can be raised that will…

References

Bill of Rights. (2012). Archives.org. Retrieved from:  http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html 

Fourteenth Amendment. (2013). Cornell School of Law. Retrieved from:  http://www.law.cornell.edu/constitution/amendmentxiv 

Sixth Amendment Supreme Court Cases. (2013). Revolutionary War and Beyond. Retrieved from:  http://www.revolutionary-war-and-beyond.com/sixth-amendment-court-cases-right-to-counsel-clause.html 

Gates v. Illinois. (2010). U.S. Supreme Court Center. Retrieved from:  http://supreme.justia.com/cases/federal/us/462/213/

Procedural Due Process the Bill
Words: 1297 Length: 4 Pages Document Type: Term Paper Paper #: 51859706
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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. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.

The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…

Another benefit involves the rights themselves. The police often persuade the accused that cooperating will benefit them in the long run. It is easy for someone who has been arrested to assume that this implies talking will lead to leniency. The problem is that any leniency by the police is either not ethical or is strictly up to the discretions of the police. So, there is often uneven leverage whenever the police want to interrogate an accused.

Also, if not advised, many people would assume that they are entitled to a lawyer, but later. Without knowing that you are allowed to have a lawyer present during police questioning, few people are going to assert the right they did not they had. The same is true about the right to have an attorney appointed if you cannot afford one. It is plausible that most people assume this only apply in the courtroom and not at the police station. Without an attorney present, most arrestees will not know that they have the right to stop an interrogation at any time or that using the rights cannot be held against them. For all of the above reasons, the rights bestowed upon Americans in Miranda are absolutely vital to protecting our Fifth and Sixth Amendment rights to due process of the law.

The two very important decisions of the United States Supreme Court in the 1960's have both gone a long way in preserving the basic and fundamental liberties that Americans have enjoyed since our inception as a country. While there are times these safeguards backfire and allow guilty people to go free, it is more essential that all Americans have the peace of mind that comes with knowing if they are ever charged with a crime, they will not also be subject to the unfair practices that the Bill of Rights are designed to prevent.

4th 5th 6th 8th as Well as
Words: 1514 Length: 4 Pages Document Type: Essay Paper #: 55952429
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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…

References

Israel, H.; Kamisar, Y. And LaFave, R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing.

Szabo, N. (2010). Blogger. Retrieved from  http://unenumerated.blogspot.com/ 

Bernstein, D. (2011). Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 1. Chicago: University of Chicago Press.

Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.

Gault 387 U S 1 1967
Words: 959 Length: 3 Pages Document Type: Term Paper Paper #: 31994634
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(387 U.S. 33). Furthermore, the notice requirement meant that allegations had to particular. (387 U.S. 33). 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…

References

In re Gault, 387 U.S. 1 (1967).

U.S. Const. amend. V.

U.S. Const. amend. VI.

U.S. Const. amend. XIV.

U S Constitution Discussion Questions A the Fourteenth
Words: 870 Length: 3 Pages Document Type: Essay Paper #: 95586277
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U.S. Constitution: Discussion Questions

A) he Fourteenth Amendment: the Case of Whitney V. California

274 U.S. 357

Whitney V. California (No. 3)

Argued: October 6, 1925

Decided: May 16, 1927

453 Affirmed

Location: Socialist Convention at Loring Hall

Factual Analysis: Anita Charlotte Whitney, who subscribed to the CLPC (Communist Labor Party of California), found herself was arraigned for breaching the state's 'Criminal Syndicalism Act', which forbade any actions aiding or advocating crime commission, including "terrorism as a means of accomplishing a change in industrial ownership or control, or effecting any political change" (LII, n.d.).

was the 'Criminal Syndicalism Act' repugnant to the Fourteenth Amendment? By penalizing those who advocate unlawful and violent methods of altering political and industrial situations and not penalizing individuals who advocate the same methods with the aim of maintaining such conditions, the statute, in the view of the defendant, contravened the 'Equal Protection Clause of the…

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.S. Attorney's Office, 2013, p. 7). 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, 2014).

D) Theories of Constitutional Interpretation

Theories of constitutional interpretation fall into several categories; pragmatism, constructionism, contextualism, intentionalism, textualism, and originalism, among others (Wayne, 2010). 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

U S Patriot Act How the
Words: 3180 Length: 10 Pages Document Type: Term Paper Paper #: 57566907
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Through experience, the FBI has acquired insights into the fact that there are no dividing lines distinguishing foreign intelligence, terrorist and criminal activities. Foreign intelligence, terrorism, and criminal organizations and activities are interdependent and interrelated (Abele, 2005). Files belonging to the FBI are full of investigation cases where the sharing of information between criminal intelligence, counterintelligence, and counterterrorism investigations is essential to the ability of the FBI. This is in regards to the protection of the nation from criminal activities, foreign intelligence activity, and terrorists. Some investigations beginning as counterintelligence investigations end up becoming criminal cases. In some cases, the FBI initiates the counterterrorism, counterintelligence, or parallel criminal cases in maximizing their ability to conduct effective investigations. This has helped in addressing and identifying various threats to the U.S. hence implementing protective measures to protect vulnerable methods and sources. The success in the provision of accurate assessments of intelligence threats…

References

Abele, R.P. (2005). A user's guide to the U.S. Patriot Act and beyond. Lanham, MD: Univ. Press of America.

Alexander, Y., & Kraft, M. (2008). Evolution of U.S. counterterrorism policy. Westport, CT: Praeger Security International.

Bidgoli, H. (2006). Handbook of Information Security Volume 2. Hoboken: John Wiley & Sons.

Dempsey, J.S., & Forst, L.S. (2012). An introduction to policing. Clifton Park, NY: Delmar Cengage Learning.

Rights Accused 1 Fully Defined Due Process Origins
Words: 1019 Length: 3 Pages Document Type: Essay Paper #: 85168951
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ights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.

Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 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…

References

Holmes, N.J., & Ramen, C. (2011). Understanding the Rights of the Accused. New York, NY: Rosen Publishing Group.

Israel, J.H., Kamisar, Y., & LaFave, W.R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing.

Nicholaidis, N. (1989). Sixth Amendment Right to a Speedy and Public Trial. American Criminal Law Review, 26(4), 1489-1505.

U S Jury System
Words: 1848 Length: 6 Pages Document Type: Term Paper Paper #: 41478228
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United tates Jury ystem

In United tates courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members are unable to arrive at a logical and fair conclusion due to several factors beyond their control, including interference from court systems and the law.

The jury system originated in England on June15, 1215 (Arnet). The jury system at this time took the form of a Magna Carta signed by King John. The liberties and rights of the population of England were thus established, among which was the rights pertaining to a jury trial. Individuals were granted to such a…

Sources

Abramson, Jeffrey. We, The Jury: The Jury System and the Ideal of Democracy. New York: Basic Books, 1994.

American Bar Association. "Frequently Asked Questions About the Grand Jury System." November 30, 2003.  http://www.abanet.org/media/faqjury.html 

Arnet, Gary. "The informed juror: How an informed jury helps safeguard liberty." In Backwoods Home Magazine, July-August 2003. Article Database: Looksmart Find Articles (www.findarticles.com)

Holmquist, Micah. "Stereotypes Defied in Second Tolliver Trial." In The Chicago Reporter, July 2001. Community Renewal Society, 2001. Article Database: Looksmart Find Articles (www.findarticles.com

Self Incrimination and Right to Counsel Approach
Words: 2485 Length: 8 Pages Document Type: Essay Paper #: 41337910
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The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…

Padilla v Kentucky and Immigration What Does the Future Hold
Words: 4247 Length: 14 Pages Document Type: Research Paper Paper #: 48812001
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Padilla v. Kentucky: Implications for U.S. Immigration

This paper provides a review of the relevant literature concerning the case, Padilla v. Kentucky,[footnoteef:1] discussing citizenship, and similar predicaments in other countries. It is this paper's thesis that the decision in Padilla has significant implications for defense lawyers who must now become familiar with the complexities of immigration law or retain counsel to assist them in this area. Established in Strickland v. Washington, the test for ineffective assistance of counsel is comprised of two parts: (1) defendants must first show that their counsel was constitutionally deficient and (2) show that the deficiency prejudiced the result of their case.[footnoteef:2] In addition, cases involving guilty pleas require defendants to demonstrate that in the absence of deficient counsel, they would have insisted on a trial.[footnoteef:3] Furthermore, defendants also enjoy the Due Process Clause protections that require judges and defendants to engage in a conversation concerning…

References

Atkins, K. (2010). Defense Counsel's Duty to Warn About . . . Everything? Lawyers Weekly USA, November 8.

Borden, Jeremy Immigrants Take Guilty Pleas without Lawyers, Face Deportation, Pittsburgh Post-Gazette, A-6, (February 3, 2013).

Brief for States of Louisiana et al. 2009: 9; Padilla v. Kentucky.

Brink, Malia A Gauntlet Thrown: The Transformative Potential of Padilla V. Kentucky. 39 Fordham Urban Law 1, 39 (November 2011).

Gideon v Wainwright Case Name
Words: 1790 Length: 6 Pages Document Type: Term Paper Paper #: 71388360
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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,…

Criminal Justice Aggravated Assault Which
Words: 2111 Length: 6 Pages Document Type: Term Paper Paper #: 37318109
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Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.

In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…

Defendant and the Bill of
Words: 1071 Length: 3 Pages Document Type: Term Paper Paper #: 50128262
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Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.

The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…

REFERENCES'

Brant, Irving. (1965). The Bill of Rights: Its Origin and Meaning. Indianapolis, IN: Bobbs-Merrill.

The Bill of Rights: Amendments 1-10 of the Constitution." (2005). Internet. Accessed October 15, 2005. http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm.

Bill of Rights

Criminal Justice Law
Words: 1178 Length: 4 Pages Document Type: Term Paper Paper #: 20449024
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Moose Horn Police officers admissible at trial, since no Miranda warnings were given to the defendant at any time?

In the case of Sleazy vs. The state of decency the statements made by the defendant were not admissible in court because the officers did not inform Sleazy of his Miranda rights. These rights should have been stated to the defendant when it was obvious to the police officers that section 54321 of the law had been violated.

Instead the officers continued to ask Sleazy questions that they knew would incriminate him. This violated his Fifth Amendment right not to incriminate himself; the amendment is a fundamental part of the American justice system and was not adhered to in this case. Therefore the statements made by Sleazy were not admissible in court.

In neglecting to read Sleazy his rights the officers were forfeiting all of the information that Sleazy was providing…

Works Cited

Interpreting the Cross-Section Requirement of the Sixth Amendment http://law.wustl.edu/Journal/52/435.pdf

All cases cited came at  http://www.uscaselaw.com

Case Exposition of Melendez Diaz V Massachusetts 557 U S 305 2009
Words: 690 Length: 3 Pages Document Type: Paper #: 21950899
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Melendez-Diaz v. Massachusetts 557 U.S. 305 (2009), police arrested Luis Melendez-Diaz as the defendant was making an illegal cocaine sale in a Kmart parking lot in Massachusetts. During the trial, the Court brought into evidence, bags of cocaine Melendez-Diaz allegedly distributed along with approved drug analysis certificates a certified lab technician prepared. The lab technician also examined the drugs, identifying them as the illegal substance, cocaine and testified it was cocaine in Court. While Melendez-Diaz sought to enter a plea of not-guilty, a jury convicted Melendez-Diaz of trafficking and distributing cocaine in direct violation of Massachusetts law.

Melendez-Diaz appealed as he felt when the State introduced the drug analysis certificates performed by the lab technician, it violated his Six Amendment right that consisted of confronting witnesses against him using the Court's ruling in another case, Crawford v. Washington. In the Crawford ruling, it was held that so-called "testimonial" proof cannot…

Criminal Justice - Miranda Modern
Words: 1637 Length: 6 Pages Document Type: Term Paper Paper #: 39655642
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Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.

Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…

References

Dershowitz, a. (2002) Why Terrorism Works.

New Haven: Yale University Press.

Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.

New York: Little Brown & Co.

Laws of Corrections When Someone
Words: 1503 Length: 5 Pages Document Type: Case Study Paper #: 62993009
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The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)

Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…

References

Deon Christopher Carter v State of Maryland. (2003)

Gideon V Wainwright 1963 Citation of Case
Words: 481 Length: 2 Pages Document Type: Term Paper Paper #: 76866400
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Gideon v ainwright (1963)

Citation of Case: 372 U.S. 335 S.Ct. 155 (1963)

Facts:

Gideon was charged in a Florida state court with a non-capital felony for breaking and entering a poolroom. He appeared in the court without funds and was unable to hire a lawyer for his defense. hen he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial and was convicted by a jury. The court sentenced him to five years in a state prison. Gideon appealed to the State Supreme Court for habeas corpus, on the ground that his conviction violated his rights under the Federal Constitution. The State Supreme Court denied all relief. The U.S. Supreme Court granted certiorari.

Issue:

Did the state court's denial to appoint counsel for Gideon violate his…

Works Cited

Gideon V. Wainwright, 372 U.S. 335 (1963)." Certiorari to the Supreme Court of Florida. FindLaw. April 21, 2004  http://caselaw.lp.findlaw.com /scripts/getcase.pl?court=U.S.&vol=372&invol=335

Right to Counsel in the United States
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Right to Counsel

In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Often when a person finds him or herself in a position where they are a defendant in either a civil or criminal court, they need to utilize the skills of someone who understands the law. ithout this right, the accused would be at a decided disadvantage against prosecution who are trained and employed in the field of the law. The present law of the United States is that a person may employ an attorney to represent him or her in a court. If a person is unable to afford an attorney, then counsel will be appointed to that person and paid for…

Works Cited:

Crawford, Kimberly. "The Sixth Amendment Right to Counsel." FBI Law Enforcement Bulletin.

2001.

"Powell v. Alabama." (1932).

"Revolutionary War and Beyond." (2011). Retrieved from http://www.revolutionary-war-and-

Duncan v Louisiana the Case
Words: 1806 Length: 5 Pages Document Type: Term Paper Paper #: 29777882
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S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case.

Justice hite delivered the opinion of the Court, saying that basically if a state is going to convict a person to a crime that is - by state law - punishable by up to two years, it is then considered a serious crime, and the Fourteenth Amendment comes into play. That amendment, hite wrote, "denies the States the power to 'deprive any person of life, liberty, or property, without due process of law." The laws of "every state," hite continued, "guarantee a right to jury trial in serious criminal cases; no state has dispensed with it; nor are there significant movements underway to do so." In fact, hite went on, the right of the accused to a jury trial is given…

Works Cited

FindLaw (2007). U.S. Supreme Court: District of Columbia v. Clawans, 300 U.S. 617 (1937).

Retrieved April 29, 2008, at  http://caselaw.lp.findlaw.com .

FindLaw. (2007). U.S. Supreme Court: Duncan v. Louisiana, 391 U.S. 145 (1968). Retrieved April 29, 2008, at

Criminal Justice System the American
Words: 1994 Length: 6 Pages Document Type: Term Paper Paper #: 2814877
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Appeals

If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.

Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.

The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.

If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.

If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.

However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.

If the…

References

Crime and Justice Volume II: The Criminal in the Arms of the Law, Edited by Sir Leon Radzinowicz and Marvin E. Wolfgang (1977). Basic Books Publishing.

Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication (4th Edition)(2006). Lexis-Nexis.

Larry J. Siegel, Introduction to Criminal Justice (12th Edition) (2010) Cengage Learning.

Bryan a. Garner, Black's Law Dictionary (8th Edition) (2004). Thomson West.

Constitutional Originalism
Words: 1130 Length: 3 Pages Document Type: Essay Paper #: 26759420
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ainwright v Gideon

In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's…

Works Cited

Donaghue, Erin. "Defending Dzhokhar Tsarnaev: Renowned Attorney Judy Clarke Will Fight for Bombing Suspect's Life." CBS News. 2 May 2013. Web. Retrieved 7 May 2013 from  http://www.cbsnews.com/8301-504083_162-57582573-504083/defending - dzhokhar-tsarnaev-renowned-attorney-judy-clarke-will-fight-for-bombing-suspects-life/

Gest, Ted. "One Poor Man's Legacy." U.S. News & World Report 114.11 (1993): n. pag. Web. 7 May 2013.

"The Right to Counsel." Sixth Amendment Center. N.p., 2013. Web. 07 May 2013. .

Staples, Robert. "White Power, Black Crime, and Racial Politics." Black Scholar 41.4 (2011): 31-41. Web. 7 May 2013.

Victims and Defendants Rights Extended by the
Words: 2849 Length: 9 Pages Document Type: Term Paper Paper #: 8102411
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victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.

It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).

But now, nations…

Works Cited

Emmet County. Prosecuting Attorney: Crime Victim Rights / Witness Assistance. www.co.emmet.mi.us

National Center for Victims of Crime. (1998). Rights of Crime Victims. FYI.

National Center for Victims of Crime. (1999). Constitutional Rights for Crime Victims. FYI.

Philip L. Reichel (2001). Comparative Criminal Justice Systems: A Topical Approach.

Count 3996 Most Important
Words: 4005 Length: 13 Pages Document Type: Research Paper Paper #: 22662564
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They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the guilt or innocence of the accused.

The advantages of the jury system lie in the foundational elements articulated and supported by amendments and the Supreme Court. The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" (Landsman & Hastings 1992). A speedy trial was emphasized to avoid the accused languishing in prison for extended periods of time prior to a trial, or have the accused fate put off for an indeterminate amount of time. Further, the Sixth Amendment guarantees every citizens right to an impartial jury. The intent is that the prospective juries not enter into the…

Bibliography

Ackerman, B. (1993). Neo-federalism? Constitutionalism and Democracy, Cambridge:

Allan, T. (2001). Constitutional justice: A liberal theory of the rule of law, Oxford: Oxford University Press.

Decent, E. (2010). Democratizing common law constitutionalism, McGill Law Journal, 55(3), 511-535.

Hogue, A. (1986). Origins of the common law. Indianapolis: Liberty Press.

Davis V Washington and Deuteronomy
Words: 924 Length: 2 Pages Document Type: Paper #: 57149354
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Davis v Washington

The so-called "Confrontation Clause" of the Sixth Amendment states that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The plaintiff in Davis v. Washington claimed that the admission during trial of a recording of his ex-girlfriend's 911 call after he had beat her up qualified as a "testimonial" statement, and thus the girlfriend's refusal to take the witness stand and be cross-examined qualified as a violation of his Sixth Amendment right. The U.S. Supreme Court found, more or less unanimously, that the 911 call did not count as testimony and therefore Davis' inability to confront the ex-girlfriend during trial was not a violation of his Sixth Amendment rights.

What if the 911 call was instead a text message and photograph taken with a similar phone, as in the hypothetical outlined above? This becomes slightly more difficult to adjudicate.…

References

Daniel, Chapter 13.

Deuteronomy, Chapter 19.

MacCarthy, T.F. (2007). MacCarthy on cross-examination. Chicago: American Bar Association Publishing.

Worrall, J.L. (2012). Criminal procedure: From first contact to appeal. (4th Ed.) Upper Saddle River, NJ: Pearson.

Domestic Violence Laws for Restraining Orders and Habitual Offenders
Words: 1399 Length: 4 Pages Document Type: Essay Paper #: 29665888
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Combating Domestic Abuse in the United States

Domestic Abuse

In the United States, intimate partner violence afflicted nearly 4 out of 1,000 persons aged 12 or older in 2010, down from 1 in 100 in 1994 (Catalano, 2012). This translates into 0.9 million victimizations for the most recent year in which data were available. Females are victimized more often than males, however, with one male victimized for every six females. The crimes include rape, robbery, and assault against spouses and girlfriends/boyfriends, current or former. Family violence victimization rates were similar, with about 2.1 victimizations per 1,000 citizens aged 12 years or over in 2002, the most recent year with for which data is available (Durose et al., 2005). To put this statistic in perspective, approximately one in ten violent victimizations within the U.S. is the result of family violence. The gradual decline in domestic violence rates could be due to…

References

Catalano, S. (2012). Intimate partner violence, 1993-2010. NCJ 239203. Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Retrieved from  http://www.bjs.gov/content/pub/pdf/ipv9310.pdf .

Domestic Assault by an Habitual Offender, 18 U.S.C.Z. § 117 (2011).

Durose, M.R., Harlow, C.W., Langan, P.A., Motivans, M., Rantala, R.R., & Smith, E.L. (2005). Family violence statistics: Including statistics on strangers and acquaintances. NCJ 207846. Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Retrieved from Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice.

Kolpack, D. (2012, September 19). ND man sentenced in pivotal domestic violence case. Native American Times. Retrieved from  http://www.nativetimes.com/index.php/news/crime/7841-nd-man-sentenced-in-pivotal-domestic-violence-case .

Security Department Policy
Words: 1426 Length: 5 Pages Document Type: Term Paper Paper #: 45140883
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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…

Bibliography

 http://www.seattlepi.com/local/430256_harborview.html 

U.S. Constitution

Amy Goldstein, Washington Post, the Private Arm of the Law January 2, 2007

Case Brief Delinquent Minor
Words: 960 Length: 3 Pages Document Type: Term Paper Paper #: 41729206
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Gault

Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.

Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent…

References

In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio

Op. 2d 378.

Decisions of Rehnquist & Warren the Field
Words: 2798 Length: 8 Pages Document Type: Essay Paper #: 98355510
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Decisions of ehnquist & Warren

The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts. These three courts have changed the legal landscape in the cases involving criminal procedure and, in the process; have created a great deal of controversy (Bloom, 2010).

The application of the Bill or ights to the states has been an acrimonious issue in the U.S. Supreme Court for a number of years. It all began when the Warren Court began applying the Fourth, Fifth, and Sixth Amendments directly against the states, under a doctrine that became to be known as selective incorporation. The Warren Court used the selective incorporation method…

References

Arizona v. Evans, 514 U.S. 1 (U.S. Supreme Court March 1, 1995).

Atwater v. City of Lago Vista, 532 U.S. 318 (U.S. Supreme Court April 24, 2001).

Bloom, R.M. (2010). Cases on Criminal Procedure. Riverwoods, IL: CCH .

California v. Minjares, 443 U.S. 916 (U.S. Supreme Court August 22, 1979).

Judicial Review and Democracy the
Words: 1703 Length: 5 Pages Document Type: Term Paper Paper #: 69620938
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Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.

orks Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National

Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.

National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.

Linder, Doug. "Judicial…

Works Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery Website. 2004. Arlington National

Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Individuals Who Changed Policing in
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Frank Serpico -- NYPD Police Officer 1960-1972

At the time that Frank Serpico served as a New York City Police Department (NYPD) police officer, corruption was rampant throughout the entire police department, the first and largest police department in the United States (Delattre. 2006). That corruption existed at all levels of the department from the street to the office of the Police Commissioner. Patrol officers routinely extorted bribes or stole money and drugs from criminals, even returning the drugs to the street by selling them to other dealers. Those types of practices were standard operating procedure to such a degree that police officers (like Fran Serpico) who refused to participate became social exiles among their fellow officers out of suspicions that they could not be trusted (Delattre, 2006). After trying unsuccessfully to report the problems to superiors, Serpico eventually contributed to a New York Times report detailing police corruption in…

References

Delattre, E. (2006). Character and Cops: Ethics in Policing. Washington, DC:

American Enterprise Institute for Public Policy Research.

Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the 21st

Century. Hoboken, NJ: Prentice Hall.

Criminal Justice & Criminology Has the Miranda
Words: 3614 Length: 14 Pages Document Type: Research Proposal Paper #: 85919540
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Criminal Justice & Criminology

Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?

(ian)

CJ327W esearch Methods in Criminal Justice

The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.

Purpose & Audience

The Miranda vs.…

References

Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044

A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044

Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.

H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044

Grand Jury Needed
Words: 673 Length: 2 Pages Document Type: Term Paper Paper #: 23664261
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Grand Jury: Needed or Not?

The United States is the only common law jurisdiction in the world that still uses the grand jury for purposes of screening criminal indictments. The grand jury issues an indictment for crime only if based on the evidence that has been presented it finds that there is a probable cause for one to believe that a crime has been committed by the suspect .this is unlike a petit jury that only resolves a specific type of criminal or civil cases, a grand jury serves as a group for a particular period of time in all or many cases that come up in the jurisdiction which is under the supervision of the federal; state attorney, a court district attorney or even a state general attorney and listens to the evidence without having suspect or person of interest being involved in the proceedings (Leipold, 2005).

The question…

References

Leipold, A.D., (2005). Why grand juries do not (and cannot) protect the accused. Retrieved February 21, 2014 from http://www.freedomlaw.com/archives/oldsite/GRANDJRY.html

Farlex, Inc., (2014). Grand Jury. Retrieved February 21, 2014 from  http://legal-dictionary.thefreedictionary.com/Grand+jury

Biblical Law
Words: 494 Length: 2 Pages Document Type: Other (not listed above) Paper #: 44854245
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Bible and criminal procedures

It is gratifying to read the Bible's teachings on matters pertaining to the criminal justice system such as witnesses given the parallels they have with our own contemporary notions of fair and just actions. The Bible counsels that it is not enough to have a single witness to condemn an individual; in the United States, although there is not a formal requirement of a specific number of witnesses during a trial unlike the Bible, there is growing awareness that eyewitness testimony can be biased and in general the prosecutor must bring forth a variety of evidence to warrant a conviction before a jury. The Bible also mandates the need for cross-examination and the Sixth Amendment of the U.S. Constitution specifically gives all defendants the right to confront their accusers. The Bible also punishes false witnesses and in the U.S. perjury is a crime. Perjury is not…

References

Galatians. New International Version. Retrieved from:

 https://www.biblegateway.com/passage/?search=Galatians+3 

Hearsay. (2015). LLI. Retrieved from:

 https://www.law.cornell.edu/wex/hearsay

American Government Course American Government
Words: 1740 Length: 6 Pages Document Type: Journal Paper #: 6448180
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It was during the same period that hostilities with the communist leadership culminated into the bombing of Libya, loggerheads with the Soviet Union and a stiff arms race with the U.S.S.R.

It is also significant to note that it was during the same time that he successfully engaged Mikhail Gorbachev who was then the Soviet General secretary and culminated into the signing of Intermediate-Range Nuclear Forces (INF) treaty that signaled the end in arms race and both countries agreed to decrease in nuclear weapons in their custody.

Upon ascending to presidency, Reagan was bent on introducing new political as well as economic dispensations radically. He advocated more for supply-side economics which saw him push for reduction of tax rates to speed up economic growth, money supply control to check inflation, reduction of regulation on the economy particularly business to encourage competitive and free-market free for all which as a matter…

Functions of Due Process in the Criminal Law System
Words: 1635 Length: 5 Pages Document Type: Research Paper Paper #: 97962405
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Criminal Law Due Process

Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…

Bibliography

Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School:  http://www.law.cornell.edu/wex/criminal_procedure 

Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank:  http://law.jrank.org/pages/6315/Due-Process-Law.html 

Fifth Amendment. (n.d.). Retrieved from Cornell University Law School:  http://www.law.cornell.edu/we/fifth_amendment 

Procedural Due Process. (n.d.). Retrieved from University of Missouri:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html

Nation of Laws All Citizens
Words: 2184 Length: 7 Pages Document Type: Term Paper Paper #: 55861000
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So the economy is stuck in an equilibrium well below its production and employment potential, even as gross domestic product resumes modest growth" (p. 3).

As a public sector employee for the State of New Jersey Division of Criminal Justice, this means that some important ongoing initiatives such as gang awareness and enforcement may be cut back in the future. In my capacity as team leader with 4 years' tenure and 13 years' total employment for the State of New Jersey, I have a vested interest in the outcomes of these initiatives as well as the fate of the state's civil service cadre. In addition, I also work part time as a certified emergency medical technician, meaning I must remain cognizant of applicable licensure laws for the profession and how far my authority extends as a first responder. There is also the issue of substantial student loans that remain in…

References

Abdolian, L.F. & Takooshian, H. (2003). The U.S.A. PATRIOT Act: Civil liberties, the media, and public opinion. Fordham Urban Law Journal, 30(4), 1429-1431.

Best, S. (2008). The son of Patriot Act and the revenge on democracy. Tamara: Journal of Critical Postmodern Organization Science, 3(3/4), 1-2.

Deybach, G. (2007, January). Identity theft and employer liability. Risk Management, 54(1), 14-

16.

Knowledge Concerning Ethical Issues Involved
Words: 4963 Length: 11 Pages Document Type: Research Paper Paper #: 86009486
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100). Much of the focus of personnel selection using psychological testing was on new troops enlisting in the military during two world wars and the explosive growth of the private sector thereafter (Scroggins et al., 2008). Psychological testing for personnel selection purposes, though, faded into disfavor during the 1960s, but it continues to be used by human resource practitioners today. In this regard, Scroggins and his colleagues advise, "Many H practitioners, however, have continued to use personality testing with an optimistic and enduring faith in its ability to discriminate between good and poor job candidates" (p. 101).

In cases where cheating is suspected (such as in the case of an teen applicant possibly using a smartphone or consulting crib notes during testing by visiting the restroom), psychologists have a professional responsibility to conform to relevant privacy laws with respect to the results of such tests, including following the decision-making model…

References

Barnes, F.P. & Murdin, L. (2001). Values and ethics in the practice of psychotherapy and counseling. Philadelphia: Open University Press.

Bersoff, D.N. (2008). Ethical conflicts in psychology. American Psychological Association.

Bonventre, V.M. (2005, Spring). Editor's foreword. Albany Law Review, 68(2), vii-ix.

Charman, D. (2004). Core processes in brief psychodynamic psychotherapy: Advancing effective practice. Mahwah, NJ: Lawrence Erlbaum Associates.

Legal Recommendations
Words: 1309 Length: 4 Pages Document Type: Term Paper Paper #: 80585326
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However, Doherty took the themes of these books as further evidence of Adams' wrong doing, although Adams himself never admitted to anything about being part of the Black Blocs or believing in anarchist ideologies. The only thing Adams sad was that he was an environmentalist, which is why he had been collecting the glass Coca Cola bottles in order to recycle them later when he found an acceptable recycling location. Additionally, Officer Doherty found medication on Adams person as well. This medication was prescribed to Thomas Adams, a fact which Doherty should have seen as an obvious red flag that he was dealing with a minor with behavioral and emotional issues, which should have led him to be even more sensitive in his actions towards Adams. Yet, Officer Doherty seemed to only see this as further reason that Adams was guilty.

This leads into the second charge against Adams, the…

References

Calvin, Elizabeth. (2006). Juvenile Defender Delinquency Notebook. Advocacy Training Guide. Web.  http://www.njdc.info/pdf/delinquency_notebook.pdf

Legal System of America
Words: 3469 Length: 10 Pages Document Type: Term Paper Paper #: 29907275
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Criminal Justice Agency

The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Supreme Court decides which laws are to be upheld and which are to be altered. Learning the court system can be a tough ask but not an impossible one. In this research paper, the aim is to break down the American law into layman language. It will start from legal system of U.S. And shift to court systems. Then different kinds of courts will be examined whilst examining their separate duties.

Prelude

The constitution is responsible for the entire American legal system. The American constitution is the ultimate law on American soil. The public is bound by this American constitution as it shapes their actions accordingly. The American public is answerable under the…

References

Barak, A. (2008). The Judge in Democracy. Princeton, NJ: Princeton University Press.

Baum, L. (2013). American Courts: Process and Policy. Boston: Houghton Mifflin Co., 2013.

Bonfield, L. (2006). American law and the American Legal System in a Nutshell. Publisher St. Paul, MN: Thomson/West.

Carp, R et al. (2007). Judicial Process in America. Washington, D.C.: CQ Press.

Patriotic Act Arguments for and Against the
Words: 3462 Length: 11 Pages Document Type: Essay Paper #: 70325965
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Patriotic Act

Arguments for and against the Patriot Act

The unusual events surrounding the creation and passing of the Patriot Act make it a suspect bill in many eyes. However, major media reports like this one: "Fifty-nine percent in an ABC News/ashington Post poll favor continuing the additional investigative authority in terrorism investigations that was granted to the FBI starting in 2001. President Bush urged such an extension of the Patriot Act today" (Langer) insist that there are others who support it and promote it as a protection against the kind of terrorism that was seen on 9/11. For supporters the idea of sacrificing civil liberties for security measures such as the TSA is, while unfortunate, a necessary evil. Those who oppose it, like alternative media journalist Ryan Dawson and Sen. Ron Paul, decry it as government intrusion. This paper will give arguments for and against the Patriot Act and…

Works Cited

Brand, Rachel. "Reauthorization of the U.S.A. Patriot Act." 20 Jan 2010. The Federalist

Society. Web. 24 Sep 2011. <  http://www.fed-soc.org/publications/detail/reauthorization-of-the-usa-patriot-act >

Celente, Gerald. "Gerald Celente Predicts Ron Paul Can Win in 2012." 3 May 2010.

YouTube. 24 Sep 2011.