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

Such is the case with Tennessee v Lane, a case in the Supreme Court that focused on the legality of Congress to enact laws such as the Americans with Disabilities Act under section V of the Fourteenth Amendment. The High Court ultimately found that Congress does have the power to enact a law which may run contrary to an individual state's sovereign immunity in cases that implicate access to

Criminal Justice & Criminology Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights? (Rian) CJ327W Research 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

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

Research reveals that those who kill white victims are much more likely to receive the death penalty than those who kill black victims. One study found that for similar crimes committed by similar defendants, blacks received the death penalty at a 38% higher rate than all others (Dieter, 1998). It is significant to note that the death penalty is more likely to be imposed on men than woman. Death sentences

growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system. According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent compare judicial restraint." Over the past