Whether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant's case was adequately presented.
Quote from Justice Black's dissenting opinion, Betts v Brady, 1942-- from Find Law)
Many in the judicial circles regarded the Betts decision of the Supreme Court as "an anachronism" and a departure from the spirit of most of the Court's preceding decisions in similar cases, which ought to be struck down. Justice Black was also now a part of the famous "Warren Court," led by Chief Justice Earl Warren, which was known for expanding civil rights, ending segregation and protecting the fundamental rights of all the citizens of United States, and never missed an opportunity to incorporate the Bill of ights in State laws. Moreover, the American public opinion had also turned in favor…...
mlaReferences
Betts v. Brady, 316 U.S. 455, (1942)." Find Law for Legal Professionals. Retrieved on July 11, 2007 at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=316&invol=455
The Evolution of a Decision: Gideon v. Wainwright (1963)." Landmark Cases: Supreme Court. Retrieved on July 11, 2007 at http://www.landmarkcases.org/gideon/decision.html
Gideon v. Wainwright, 372 U.S. 335, (1963)." Find Law for Legal Professionals. Retrieved on July 11, 2007 at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=372&invol=335
This practice is called stare decisis, which is the Latin term for "to stand by what has been decided."
But if Houston insisted that Plessy be enforced that is, if the NAACP sued a state to make its schools for black children equal to those for whites which Plessy did require then he could undermine segregation. (Jomills Henry Braddock. A Long-Term View of School Desegregation: Some ecent Studies of Graduates as Adults. Phi Delta Kappan. 259-61. 1984)
He reasoned that states would either have to build new schools for blacks something they could not afford or admit them into white schools. If the Court agreed with his argument, then he could challenge segregation itself. Houston decided that the NAACP had to carefully pick cases that they stood a good chance on winning. Those cases would then establish a precedent that "would make plain the inequality" in the educational opportunities of blacks and whites. Houston was convinced that the battle for civil rights had to be won in the schools,…...
mlaReferences
Supreme court of the United States 305 U.S. 337. Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, et al. No. 57
Alexis de Tocqueville, Democracy in America, ed. Phillips Bradley, 2 vols. (New York: Vintage Books, 1961
Robert J. Harris, "The Constitution, Education, and Segregation," 29 Temple Law Quarterly 409, 416 (1956).
Paul L. Rosen. The Supreme Court and Social Science. University of Illinois Press, 1972
These policies make offenses such as bringing weapons to school equal am immediate suspension or expulsion. However, in recent years they have been stretched to include such offenses as bringing toy guns to school or, in the case of older students, forgetting that a knife or rifle used for hunting was still in a vehicle or backpack. In these cases, where the individual components leading up to the incident are not considered, the students' rights are denied as per the Supreme Court decision. Interestingly, many of these same arguments are used against the issue of zero-tolerance criminal policies.
Thus, it is clear that maintaining a classroom while ensuring student rights is no easy task. However, in the United States where freedom is appreciated, it is necessary. Because of this, it is important that teachers and students consult the U.S. Constitution, along with relevant Supreme Court cases in one's state and…...
mlaReferences
Mitchell, H.W. & Knechtle, J.C. (2003, Fall). Uniforms in Public Schools and the First
Amendment: A Constitutional Analysis. Retrieved 27 Aug., from Find Articles: http://findarticles.com/p/articles/mi_qa3626/is_200310/ai_n9248747/
"U.S. Constitution." (2009). Retrieved Aug. 27, 2009, from U.S. Constitution Online:
Court Cases
LBS HOMEWORK SHEET
United State v. Lopez, 514 U.S. 549 (1995)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
The United States government who is seeking to convict a man for carrying a firearm into a school zone.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The court must decide who has the authority to regulate the possession of firearms on school grounds. For example, if Congress has the authority then the Gun-Free School Zones Act of 1990 would be the law that would be used. However, it was later argued that Congress does not have the authority to regulate business in the schools.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
On appeal the court overturned the sentence…...
However, the plaintiff lost the case. The defendant's lawyer produced evidence that the first check the plaintiff had used to pay for the car had bounced. They implied that the plaintiff never intended to pay for the car.
The plaintiff took the stand and explained that she had just opened a new checking account and that the bank had coded her checks with one account number but that the deposit slips had a one-digit error. The money did not go into her account for this reason, something she found out when the check bounced. She immediately covered the check. Nevertheless, she lost.
I was left wondering why her lawyer did not know this ahead of time so they could have evidence from the bank that this was true, because except for this it seemed to me that the plaintiff had a strong case. I think that observing this case was a valuable…...
Accounting
Court Case Brief-Federal Tax Class
United States vs. St. Pierre, 599 F.
FACTS
The Staab Agency acts as an agent for out-of-state trucking companies looking to register trailers in Maine. Shirley St. Pierre, the appellant in this case, owned all of Staab after buying it from its previous owner in 1991. Under her leadership, the company flourished, growing from about four employees and 4,000 customers in 1991 to 17 employees and 37,500 customers in 2002. St. Pierre frequently used company income to pay personal bills and for other personal purposes. This in itself is not horrible as long as she reported the income on her tax returns.
The IRS randomly audited Staab's fiscal year 2000 returns in March 2002. The audit gave rise to suspicions and was later extended to include other returns by Staab and St. Pierre herself. Because Staab is a Subchapter S corporation, its income is not taxed to Staab but…...
State v. Snowden (1957)
Question 1
The court defines the term “willful” as a calculated desire to kill. The term “deliberate” is defined as express or implied intent or purpose to kill. The term “premeditated” means that the defendant actually planned to kill the victim. In other words, the court is convinced that the defendant rationally, purposely, and specifically intended to kill the victim (Leagle). The defendant took steps that led to the victim’s death, thereby evidencing first degree murder.
Question 2
The defendant in the case of State v. Snowden, Raymond Allen Snowden, killed the victim Cora Lucyle Dean by cutting her throat. The murder was preceded by the victim’s request for cab fare from the defendant to go back to Boise. The defendant refused to grant the request as he did not feel he had to pay her fare. An argument ensued, eventually leading to the defendant’s murder of the victim. The…...
mlaWorks Cited
Commonwealth of Massachusetts. Commonwealth vs. George A. Schnopps. Masscases.com, n.d. Web. Web. 27 Oct. 2017.Leagle. People v. Thomas. Leagle, 2017. Web. 27 Oct. 2017.Leagle. State v. Snowden (1957). Leagle, 2017. Web. 27 Oct. 2017.Reinhart, Christopher. Weighting aggravating and mitigating circumstances. Connecticut General Assembly, 22 May 2001. Web. 27 Oct. 2017.
precedent-setting court cases support response. •What factors affect sentencing? Describe sides debate sentencing guidelines. Evaluate factors affect sentencing compare factors racial, gender, socioeconomic lines.
It is a rather well-known fact that there have been numerous cases in the history of the judicial system in which sentencing was considered to be unfair and dependent of racial, gender, or social factors. The role of the Sentencing guidelines was precisely to avoid arbitrary sentencing. However, there are strong debates concerning the applicability of these guidelines and abuses that surround them.
In general terms, the two elements that affect and determine sentencing are the level of the offence and the criminal history of the defendant (United States Sentencing Commission, 2012) These two elements interact and according to the Sentencing table determine the months to be spent in jail to serve a legal punishment. However, as legal practice improved and more and more cases of abuses…...
mlaReferences
"How do judges decide" (n.d.) Sentencing disparity And discrimination. Sage Publications, available online at http://www.sagepub.com/upm-data/27008_4.pdf
The Leadership Conference (2014). "Supreme Court Decision Ends Judicial Debate Over Sentencing Guidelines," available online at http://www.civilrights.org/criminal-justice/sentencing/supreme-court-sentencing-guidelines.html
United States Sentencing Commission (2012) "2012 Guidelines Manual," available online at http://www.ussc.gov/Guidelines/2012_Guidelines/Manual_HTML/5a_SenTab.htm
Belize Telecom Court Case
hen the government of Belize restructured the nation's telecommunication services company it wanted to privatize the company while still maintaining a certain amount of control. To further this goal, the government created a company that would have different classes of shares in that company: ordinary shares, called B. And C. And one special share "hich would be issued to the government and which could only be held by a party authorized by the government." (Belize Attorney General v Belize Telecom) This system allowed for the different shareholders to appoint and remove the eight members of the board of directors, with B. shareholders getting control over two directors, C shareholders four, and the special shareholder the other two. However, there was a provision that allowed the special shareholder, if they owned at least 37.5% of C. shares, to gain control over two of the four C. share appointees.
hen…...
mlaWorks Cited
"Attorney General of Belize and Others v. Belize Telecom Ltd. And Others." Privy
Council UKPC 10 (18 March 2009). Web. 6 Dec. 2012.
competence important in juvenile court cases? hat are the most important considerations to address when assessing juvenile competence and why? Think along the lines of age, intelligence, background, education, etc.
The purpose of the juvenile justice system is primarily to rehabilitate rather than extract retribution from young offenders, but as in the adult justice system, a criminal defendant must still be judged to be capable of participating in and assisting in his or her defense in a meaningful fashion (Grisso, 2008). This is one reason why the offender's age, intelligence, background, education is so important to consider when evaluating whether a juvenile should be tried as an adult, for example, or whether he or she is emotionally competent to stand trial at all.
A very young child is unlikely to be able to adequately participate in constructing a defense because he or she cannot imagine hypothetical scenarios when going over matters…...
mlaWorks Cited
Grisso, Thomas. (2008). "Juvenile Competency to Stand Trial: Questions in an Era of Punitive Reform." Criminal Justice Magazine. Published by the ABA. Retrieved
20 Feb 2008 at http://www.abanet.org/crimjust/juvjus/12-3gris.html
Supreme Court Cases: rends
McCulloch v. Maryland (1819)
he State of Maryland enacted a statute obliging all banks not chartered by the state but operating therein to pay additional taxes to the state government. McCulloch, an employee at the Baltimore branch of the Bank of the United States failed to comply with this regulation and the state sued him for violation. McCulloch moved to challenge the constitutionality of the statute. he appellate court held that as an institution incorporated by Congress, the Bank of the U.S. has a right to put up its branches anywhere in the country, and state governments have no power, whatsoever, to control the constitutional operations of such institutions (McGraw Hill Inc., n.d.).
Gibbons v. Ogden (1824)
A New York statute granted Aaron Ogden, a steamboat owner conducting business within the state waters, the exclusive right over the same, which meant that out-of-state steamboat operators had to pay in order…...
mlaThe suit challenged the constitutionality of state laws that allowed the advancement of financial aid to church-associated learning institutions on grounds that such aid was in violation of the First Amendment. The court held that such laws were indeed unconstitutional because they fostered religious inculcation, which would ultimately get the state entangled with religious affairs.
Schenk v. United States (1919)
Schenk, a socialist,
Winship was decided by the Burger Court in 1970, Docket number 778. The case involves a twelve-year-old boy, Samuel Winship, who was arrested for stealing $112 from a woman's locker. Section 744(b) of the New York Family Court Act provided that determination of a juvenile's guilt differs from an adult defendant, requiring only a "preponderance of evidence" and not evidence "beyond a reasonable doubt." Based on the "preponderance of evidence" clause, the Family Court initially found Winship guilty, "despite acknowledging that the evidence did not establish his guilt beyond a reasonable doubt," ("In Re Winship"). Winship appealed, and the appeal was rejected and later sent to the Supreme Court, which granted certiorari and deemed "preponderance of evidence" methods unconstitutional based primarily on the Fourteenth Amendment due process clause.
The outcome of the case strengthens the burden of proof requirements for all criminal cases, juvenile or not. However, juvenile defendants are particularly…...
Legal Decisions for Fire and Emergency Services
The American legal system is based upon case precedent and the way the courts are interpreting the law. The result is that there will be shifts in how these concepts are applied with each other. In the case of fire and emergency services, the issue is further complicated from the municipality's policies, procedures and relevant laws. To determine the overall scope of these activities requires focusing on various court cases and the impact of these decisions. Together, these elements will illustrate the effect they are having on fire and emergency services. (Painter, 2012) (Tworney, 2009)
The Impact of recent Legal Decisions on Fire and Emergency Services
There will be a total of 11 different court cases analyzed. The most notable include: Dedham v. Labor elations Committee, IAFF Local 2010 v. City of Homestead International, Association of Fire Fighters Local 2905 v. Town of Hartford, Fire Fighters…...
mlaReferences
Painter, R. (2012). Case and Materials on Employment Law. Oxford: Oxford University Press.
Tworney, D. (2009). Employment and Labor Law. Mason, OH: South Western.
Court Service Management
How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?
The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)
However, the courts will be impacted by these changes to a certain extent. This will occur on the…...
mlaReferences
Glannon, J. (2008). Civil Procedures. Frederick, MD: Kluwer Law.
Howard, J. (1999). The Shifting Wind. Albany, NY: SUNY Press.
Koopmans, T. (2003). Courts and Political Institutions. Hoboken, NJ: Wiley.
Lane, S. (2012). Highway 420. Staten Island, NY: Sandi Lane.
Contracting and Construction
The case of White-Spunner Constr., Inc. v. Constr. Completion Co., 103 So. 3D 781; 2012 Ala. was about a general contractor's right to challenge an illegal subcontract. In this case, the Supreme Court saw fit to reverse the decision of the lower courts, which had previously awarded the subcontractor $1.2 million by ruling against the general contractor. With the Supreme Court's decision, the general contractor's argument was validated and the lower court's decision reversed in the general contractor's favor. Essentially, the illegal subcontract was deemed invalid due to its illegality and therefore had no standing and the subcontractor was not entitled to any payment. The Court also stated that licenses are needed by construction labor brokers -- otherwise they are not allowed to represent clients or perform construction work. The Court had to define what was meant by labor brokers in this instance and it even pointed out…...
1. The prevalence of embezzlement in North Carolina: statistics and trends
2. Case studies of high profile embezzlement cases in North Carolina
3. The impact of embezzlement on businesses and individuals in North Carolina
4. The legal consequences of embezzlement in North Carolina
5. Strategies for preventing and detecting embezzlement in North Carolina businesses
6. The role of technology in preventing and detecting embezzlement in North Carolina
7. The ethical implications of embezzlement in North Carolina
8. Comparing embezzlement laws and enforcement in North Carolina to other states
9. The psychology of embezzlement: exploring the motives and mindset of embezzlers in North Carolina
10. The challenges of prosecuting and....
1. The Impact of Plessy V. Ferguson on Civil Rights
2. Plessy V. Ferguson: A Landmark Supreme Court Case
3. Segregation and Equality: Plessy V. Ferguson
4. The Long-Term Effects of Plessy V. Ferguson
5. Plessy V. Ferguson and the Fight for Racial Equality
6. Examining the Justification of Separate But Equal in Plessy V. Ferguson
7. Plessy V. Ferguson: A Turning Point in American History
8. Plessy V. Ferguson and the Legalization of Segregation
9. The Legacy of Plessy V. Ferguson in Modern Society
10. Plessy V. Ferguson: A Lesson in Judicial Interpretation and Civil Rights.
11. The Role of Plessy V. Ferguson in Shaping Jim Crow Laws
12. Plessy....
Certainly! Here are some essay topics related to Criminal Investigations:
1. The role of evidence in criminal investigations: How is evidence collected and analyzed in criminal investigations, and what impact does it have on the outcome of a case?
2. The use of technology in criminal investigations: How have advancements in technology improved the process of investigating and solving crimes? What are the potential risks and ethical considerations associated with using technology in criminal investigations?
3. The challenges of conducting criminal investigations in a digital world: How has the prevalence of digital technology, such as social media and smartphones, affected the methods and....
1. The Ethical Implications of Abortion: A Philosophical Analysis
Explore the complex ethical considerations surrounding abortion, considering the rights of the fetus, the moral status of the mother, and the impact on society as a whole.
Analyze different philosophical perspectives on abortion, such as utilitarianism, deontology, and virtue ethics.
2. Legal and Constitutional Issues in Abortion: A Historical and Comparative Review
Trace the history of abortion laws and regulations in the United States, examining landmark court cases and the evolution of legal protections for fetal and maternal rights.
Compare abortion laws and policies in different countries, considering legal frameworks, enforcement mechanisms,....
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