The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity. On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. The...
However, I agree with the Supreme Court's decision because a police officer is a trained professional and such actions as that taken by Scott are done not out of malice but out of a concern for the general safety of the public.
Political Science Supreme Court Justices There are currently nine Supreme Court Justices on the Supreme Court of the United States. Clearly, the Supreme Court shows a definite conservative tendency, with seven of the nine justices appointed by Republican Presidents, and only two appointed by Democratic Presidents ("Justices"). The Chief Justice of the Court is William H. Rehnquist, who has served on the Court since 1972, and has been the Chief Justice since 1986.
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal
Political Science Inequality, Voting and American Democracy. The American political system has always prevented electoral participation by certain social groups, especially those with the fewest resources. The obstacles to participation have changed over time and today formal barriers to participation have largely disappeared. Nevertheless, voting turnout has declined over the twentieth century, and the poor and less educated continue to vote at a lower rate than those who are wealthier and
Political Science OSHA The Occupational Safety and Health Act (OSHAct) of 1970 was passed by Congress in order to make sure that every working person in the country had safe and healthful working circumstances and to preserve human resources. Under the OSHAct, OSHA was put into place within the Department of Labor and was sanctioned to control health and safety conditions for all employers with very few exceptions. OSHA was created in
The winning side got what it wanted, in part - the continued legality of abortion - but it did not achieve a wider victor in the abortion war. Abortion's opponents were still represented by the dissenting justices. They too, used stare decisis in their opinion, but in a quite opposite fashion, laying open another path to those who might still hope to have abortion removed as a legitimate constitutional
Political Science Annotated Bibliography The Purpose of a Political Court In the view of Henry J. Abraham (Abraham 1998, 55), "theoretically," just about any qualified law school graduate with ambitions for an important judicial appointment would appear to have a fair chance at being nominated to the U.S. Supreme Court. That is providing, of course, the candidate is politically "available" and is, in Abraham's words, "acceptable to the executive, legislative, and private forces
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