630 Search Results for Constitutional Protections in American Criminal
Criminal Procedure
Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of t Continue Reading...
Government
The Trafficking Victims Protection Reauthorization Act
Final Project / Dissertation
Degree: Juris Doctorate Specialized
Major:
Specialization: Constitutional Law
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The Trafficking Victims Protection Reauthorization Act
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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 us Continue Reading...
Three Strikes Law on the African-American Community
Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the Continue Reading...
The fact that it is neither arbitrary nor motivated by atavistic animosity in a vacuum distinguishes this type of infringement from those that are absolutely impermissible in principle.
Conclusion:
In a wider perspective, the issue of police profi Continue Reading...
Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: Continue Reading...
Human Services Research
The Trafficking Victims Protection Reauthorization Act
The purpose of this project is to inform its readers that human trafficking crimes are becoming more and more salient among the public collective consciousness. As a res Continue Reading...
Whitt v Teeter
American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a m Continue Reading...
Right to Carry Handguns for Self-Protection:
The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry han Continue Reading...
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limite Continue Reading...
On the other hand, it is possible that such scenarios are extreme, and are based on the same time of 'slippery slope' logic that causes people to wonder if legalizing gay marriages will lead to people marrying animals. Extremism on either side of a Continue Reading...
Most philosophers, however, reject egoism or ethical egoism as it violates the foundations of an ethical system. Two persons to both maximize their respective self-interests will lead to conflict. Moreover, egoism inclines towards the exploitation o Continue Reading...
Criminal Justice System Has Had on Minorities
History and the Effects of the Criminal Justice System on Minorities -- 1940 to 1960
The 20-year period from 1940 to 1960 represented a crossroads for the United States in terms of engagement in an eno Continue Reading...
..In determining the meaning of any Act of Congress, or any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as h Continue Reading...
Commonwealth v. Johnson..
1. List the facts relevant to whether Gail and/or William Johnson’s were protected by the First Amendment
Gail and William Johnson were convicted for criminal harassment in the state of Massachusetts. State statutes ou Continue Reading...
1st Amendment Protections for Child Pornography: The 2002 Decision in the Case of Ashcroft v. Free Speech Coalition.
Laws have been passed outlawing child pornography in its various formats. It is forbidden by law to use a minor younger than age ei Continue Reading...
Gun Ownership and Gun Control
In American culture today, guns are worshiped. Children play with toy guns, television and film glorify gun violence, teenagers show off guns to one another in order to get respect, and powerful lobbyist groups keep the Continue Reading...
Human Rights Protection and APA Ethics Code
Human rights have been defined as rights that are given to everyone. The protection of these rights should be the priority of every practicing psychologist, because doing this enables the psychologist to h Continue Reading...
They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthe Continue Reading...
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a Continue Reading...
Ashcroft v. American Civil Liberties Union
535 U.S. 564 (2004)
On June 29, 2004, the United States Supreme Court held by a five to four margin that in the case of Ashcroft v. American Civil Liberties Union 535 U.S. 564 (2004), a district court judg Continue Reading...
Civil vs. Criminal Law
Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals Continue Reading...
Criminal Justice
Human Rights Prosecution In Mozambique
Mozambique has a long history of human rights violation especially in subjecting suspects to undue prosecution processes. Within the renewed forms of conflict, the behaviour of Mozambican publ Continue Reading...
Politics
Six Questions & Discussion on American Politics
Constitutional Convention
During the U.S. Constitutional Convention of 1787, two primary plans were forwarded that shaped the development and discussion at the convention that would fore Continue Reading...
Reactions to the Jena 6 incident were riotous. African-Americans in Jena and the civil rights activists that supported them cried foul, claiming that the charges brought against the six teenagers were so excessive and racially motivated. The victim Continue Reading...
amendments are an important part of the U.S. constitution and their effect on the legal system.
Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorpora Continue Reading...
On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as r Continue Reading...
Second Reconstructions
One of the most dramatic consequences of the Civil War and Reconstruction was that the South was effectively driven from national power for roughly six decades. Southerners no longer claimed the presidency, wielded much power Continue Reading...
Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various Continue Reading...
Death Penalty
Capital punishment is a controversial topic because it involves the taking of a human life as a punishment. Traditionally, Judeo-Christian and other mainstream religions strictly prohibit killing because they regard the matter of givi Continue Reading...
Peace Officer Trainee
Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant.
criminal just Continue Reading...
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Although the incidence of deadly force use has likely remained steady in the first five categories, Russell and Beigel emphasize that based on the increased attention being directed at the "stake-out and drugs" category, these rates are likely Continue Reading...
Plea Bargaining
Pleading for Justice
Plea bargaining by its very nature implies negotiation, which in turn means that two or more parties are seeking to achieve specific goals with the cooperation of the other parties. In the absence of plea bargai Continue Reading...
In this author's opinion, this is the final harvest of the fruit planted with the passage of the PATRIOT Act in 2001 and its various subsequent extensions. Under NDAA, civilian terror suspects (whatever that means in the broad definition) in the U. Continue Reading...
Censorship: Is it ever Permissible to Restrain Speech?
"Censorship." The word is such a powerful one that to many Americans the idea of any type of censorship seems to be the worst human rights violation imaginable. After all, if speech is controlle Continue Reading...
In other words, up until the middle of the 19th century, there were no cases of note or significance that indicated that the executive branch of the UNITED STATES government had the authority to render suspects or criminals to foreign locations outs Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection Continue Reading...
Fresia's contention that the United States failed to live up to its revolutionary democratic promise and instead was captured by the powerful plutocratic elite has appeal, it oversimplifies the process by which the elite take and retain control over Continue Reading...
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from Continue Reading...
Exclusionary Rule
The Future of the Exclusionary Rule
The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...