14th Amendment
The Fourteenth Amendment of the Constitution provides equal protection for all citizens in all manners of the law, at least in theory. In practice, equal protection is not executed perfectly, but it does remain an ideal to which each section of the criminal justice system can and usually does aspire. In the criminal justice system, all defendants are entitled to an attorney, which is why a public defender is appointed to those who cannot afford an attorney of their choice. Theoretically, a public defender could offer the same caliber of legal representation as a big shot lawyer, but rarely is this actually the case. If a defendant does believe that he or she was misrepresented, then there are avenues for protest but it may be extremely difficult for an indigent individual to receive the exact parallel of legal representation as a wealthy person would. A defendant who loses a case can, for instance, appeal on the grounds of insufficient representation, but the indigent are systematically discriminated against ("Annotation 35: Fourteenth Amendment," n.d.)
Biased-based...
Equal Protection Clause of 14th Amendment The equal protection clause of the Fourteenth Amendment extended to protections of the Bill of Rights to all Americans, including pregnant women. Therefore, it is fundamentally unconstitutional under the equal protection clause of the Fourteenth Amendment to criminalize pregnant women who take illegal drugs for fetal abuse or neglect without applying the same conditions on pregnant women who endanger their unborn child by drinking alcohol,
Due Process and the 14th Amendment Which of the protections available to criminal offenders through the Bill of Rights do not currently apply to the states? "Like the rest of the Bill of Rights, the Fourth Amendment originally only applied in federal court. However, in Wolf v. Colorado, 338 U.S. 25 (1949), the U.S. Supreme Court ruled that the rights guaranteed by the text of the Fourth Amendment…apply equally in state courts
The 14th also lays down the rules as to how the U.S. Congress is made up, it points out that no one can be elected to national office if they have been found guilty of treason. The 14th also deals with the legal rights of slaves after the Civil War; those "being 21 years of age, and citizens of the United States," and male, whall not have their right
Reconstruction & the 13th, 14th, 15th Amendments The Civil War remains one the most momentous events in American history. The survival of the United States as one nation was at risk and on the outcome of the war depended the nation's ability to bring to reality the ideals of liberty, equality, justice, and human dignity. The war put constitutional government to its severest test as a long festering debate over the power
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarzenegger for unconstitutional prison conditions. The lawsuit was examined in the U.S. District Court for the Eastern District of California under the Prison Litigation Reform Act of 1995 (PLRA). The court ruled that authorities should
Hostage Negotiation The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the planting of listening devices. Graham vs. Connor, State vs. Sands, and Taylor vs. Watters, among others, are some of the court cases that will be used in this discussion. Again, the impact of
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