King In this case, two juvenile brothers murdered their father using a blunt object and then burnt his body to hide the evidence. Alex, the youngest of the brothers, claimed that the murder was done intentionally but was a result of years of abuse, Continue Reading...
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 Schwarze Continue Reading...
Regardless of how heinous the murderer's crime is, the constitution stipulates that "cruel and unusual" punishment is illegal, and because the constitution is written with an assumption of equality, this suggests that the standard applies to everyon Continue Reading...
Graham vs. Florida Focal Point Analysis There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans a Continue Reading...
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...
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...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Law Is a Reflection of the Morality of the Time: The evolving judicial interpretation of the Constitution Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcen Continue Reading...
Graham was consistent with a general trend exhibited by the court to create a more clear differentiation between appropriate juvenile vs. adult sentencing. For example, in Roper v. Simmons (2005) the court declared the death penalty unconstitutiona Continue Reading...
Dead Man Walking-MLA DEAD MAN WALKING Capital punishment, also known as the death penalty, is a controversial subject in modern day America. Should criminals be put to death for their crimes? Or should punishments be limited to prison terms? Americ Continue Reading...
The divisions were as such: 1. The highest class amongst the slave was of the slave minister; he was responsible for most of the slave transactions or trades and was also allowed to have posts on the government offices locally and on the provincial Continue Reading...
Supreme Court established in analyzing the constitutionality of punishment? List and discuss at least three of them. The only specific mention of definition of legally administrable punishment in the U.S. Constitution is that the punishment not be Continue Reading...
Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if Continue Reading...
Punishments for First Degree Murder The harshest sentences in law are reserved for first-degree murder convictions. It is important to note that although the statutory sentencing options vary from state to state, first-degree murders (unlike second- Continue Reading...
Mental health workers offered mixed support for the treatment program. A rape crises advocate and support counselor suggested that diverting offenders out of the criminal justice system denied the victims the closure that they needed to move on wit Continue Reading...
Thus, execution of the mentally retarded is not only illegal, but immoral as well. Sue Gunawardena-Vaughn of Amnesty International wants to expand this logic to include the mentally ill, stating, "Severely mentally ill people are not the worst of th Continue Reading...
S. Congress 2006). Under a military commission's procedures and rules of evidence, the accused may present evidence, cross examine witnesses against him, and respond to evidence presented against him; attend all the sessions of the trial; and have th Continue Reading...
United States, public executions remained until the middle of the 19th century, when the practice began to fall out of favor due to shifts in attitudes toward criminality and criminal justice. Several states opted to banish public executions, withou Continue Reading...
Review: Cesare Beccarias , An Essay on Crimes and PunishmentsToday, the U.S. incarcerates more of its citizens than any other industrialized nation, and their confinement is determined by their respective offenses. Although they may not realize it, t Continue Reading...
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate. Yes, the crimi Continue Reading...
Based on statistics, nearly one million eighth graders admit getting drunk and another 1.2 million twelfth graders are considered binge drinkers. Heroin use by young adults has doubled from 1991 to 1996 and even teenage compulsive gambling is on th Continue Reading...
Execution of the Mentally Retarded: How the Law Was Changed Jim Ellis a hero to some people. You can't say he got the law changed single-handedly, but without him and his strategy, it might never have happened. Ellis is a law professor at Universit Continue Reading...
Sandra O'Connor Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy-B-Cattle ranch in Southeastern Arizona, where Sandra grew up (United States Supreme Court 2003) as an only child until she was eight. In Continue Reading...
Panetti has not challenged those factual findings on appeal." Panetti could not be considered incompetent to stand execution based on Ford v. Wainwright. Similar to Panetti, Ford did not initially argue mental illness, but during the trial he devel Continue Reading...
Ethics issues in Criminal JusticeIntroductionThe philosophy on which the American criminal justice system is based is evolving regarding criminal behavior, rehabilitation, and justice. This philosophy is based on ethical principles that dictate justi Continue Reading...
Also, not all nations agree when the conventions apply. President Bush said that the Geneva Convention should not protect the Taliban and Al Qaeda prisoners of war held by the United States at Guantanamo Bay Naval Base (GITMO). Bush said the terrori Continue Reading...
The case of State v. Ninham represents an important juncture in the discourse on juvenile justice, highlighting the complexities and ethical considerations surrounding the sentencing of juveniles to life without parole for heinous crimes. At the hear Continue Reading...
The case of State v. Ninham is one that invokes substantial dialogue concerning juvenile justice and the extent to which a minor can be held accountable for their actions under the law. In this instance, Omer Ninham was sentenced to life in prison w Continue Reading...
Double Jeopardy and Legislative Limitations The legal concept of "Double Jeopardy" is a rather simple one to define and to understand, but application of the Double Jeopardy standard is anything but easy or simple. On a very basic level, Double Jeop Continue Reading...
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depar Continue Reading...
First Amendment and Television The subject of television and censorship has long been an issue of heated debates across the country. The First Amendment to the United States Constitution states: "Congress shall make no law respecting an establishm Continue Reading...
For example, they should be required to complete at least 20 hours of training on brain disorders. It is ideal if consumers and family members become part of the activity and process. It must also be emphasized that, in most cases, dangerous or viol Continue Reading...
Guantanamo Bay and the United States History of Guantanamo Bay, and the U.S. Involvement with Guantanamo Bay The Legality of the U.S. Occupation of Guantanamo Bay Why Do the U.S. Hold Guantanamo Bay? The Legal Position Regarding the U.S. Being in Continue Reading...
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authori Continue Reading...
United States has waged a "War on Drugs." Within this endeavor the nation has passed and implanted some extremely tough laws regarding drugs, on a local, state and national level. The laws are meant to act as a deterrent for those who abuse drugs by Continue Reading...
Leonard Pielter Global news provides Americans with a ringside seat to political prisoner issues across the world. Americans hear about people who are taken as prisoners, charged with a crime, but the general consensus remains that they are actually Continue Reading...
The third conviction could serve as the third strike for California's anti-recidivism statute, thereby triggering a minimum 25-year sentence. Andrade was convicted of both counts of petty theft and was sentenced to two consecutive terms of 25 years Continue Reading...
Amendments to the Constitution In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
