Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm Continue Reading...
Corruption exists within all aspects of government, and has since early civilization. While many steps have been taken to prevent such corruption in other areas of the world, the United States has recently introduced legislation that has the potentia Continue Reading...
Living Constitutionalism As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound Continue Reading...
Mirfield 356) The purpose of the exclusionary rule is to afford the defendant all his or her rights of privacy and to maintain fair proceedings in the gathering of evidence. Unlawful search and seizure is a serious offence, committed by investigat 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...
PADILLA V. RUMSFELD & HAMDI V. RUMSFELD Summary of Padilla v. Rumsfeld Facts of Padilla v. Rumsfeld Summary of Facts Technical History Holding Supreme Court Reasoning Lower Court Reasoning Summary of Hamdi v. Rumsfeld History of Hamdi v. Continue Reading...
This change is likely to come about as lawmakers realize how their skirting of Constitutional protections for one area they are in favor of can easily be applied to other areas once the door is opened for working outside the appropriate framework. Continue Reading...
DNA Technology in Law and Public Policy The technologies of DNA science have revolutionized modern criminal law in every respect, from crime scene processing and case investigation to prosecutorial strategy and post-conviction appeals. The lightning Continue Reading...
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also ar Continue Reading...
Media Impact on Perception of Courts Residents of the United States have been noted many times for their poor understanding of American history and government. This is, no doubt, connected with the broken public education system at the K-12 levels. Continue Reading...
That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing le Continue Reading...
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit. I Continue Reading...
MYTH: Decriminalizing prostitution would save a lot of money because police wouldn't have to arrest prostitutes or johns or pimps. FACT: Decriminalization of prostitution has resulted in expensive legal challenges because no one wants prostitution Continue Reading...
It has also been suggested that, in effect, this equality is relatively meaningless, because non-minorities are so much more rarely the victims of hate crimes, and that, therefore, these laws protect and benefit minorities more than they protect or Continue Reading...
As a result, one would anticipate that any efforts to hamper speech discussing the appropriate role of women in society would be seen as hampering religious and/or political speech. However, it also seems to be a basic affront to the notion of equa Continue Reading...
This in turn more often than not leads the stigmatized to acquire more and more deviant and possibly criminal identities (Lanier & Henry, 1998). There can, of course, be other antecedents prior to labeling that can enhance the process of delinq Continue Reading...
War on Terror and Racial Profiling Ten years removed from the horrific and fatal attacks launched by Al-Qaeda on 9-11, U.S. leadership continues to grapple with the challenges and complexities of protecting our nation from terrorist threats. Domesti Continue Reading...
Specifically: Employers must be extremely diligent to maintain formal records of any employee issues of performance or professional conduct in the workplace that could potentially become relevant in connection with future complaints about the legit Continue Reading...
Computer Games Research When considering the short history of computers, video and PC gaming are very recent on the timeline of technology. This is one of the reasons why there have not been many conclusive studies on the negative and/or positive ef Continue Reading...
"He saw the attacks as a strategy to embroil the U.S. with the Carranza government and therefore force his downfall." The American president took a great interest in the stories emerged about Villa and even sent special agents to investigate the ma Continue Reading...
By federal law, all passenger airliners now feature cockpit doors that are locked by the pilots from inside the cockpit. Likewise, pilot training now includes the specific instructions not to open the door in response to any occurrence or emergency Continue Reading...
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it s Continue Reading...
" Prohibiting "a bill of attainder" means that the U.S. Congress cannot pass a law that considers individual or aggregation blameworthy and later discipline them. Disallowing an ex post facto law implies that the U.S. Congress cannot make any given a Continue Reading...
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review dur Continue Reading...
" (Paul v. Davis) The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily Continue Reading...
Supp. 749 (S.D. Miss1987), the court held that "The primary thrust of the educational process is classroom instruction; therefore minimum due process procedures may be required if an exclusion from the classroom would effectively deprive the student Continue Reading...
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elem Continue Reading...
Against the Patriot Act of 2001 What is the Patriot Act of 2001? The Act was passed in order to unite and strengthen the United States of America by providing all the appropriate and the necessary tools with which to fight terrorism. The President G 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...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m Continue Reading...
Authors Donald Lively and Russell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms. "In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqu Continue Reading...
The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rat Continue Reading...
internet and the increased availability of personal computers around the world have increased the vulnerability of critical infrastructure systems. In recent years computers have been used by terrorist to distribute information about terrorist attac Continue Reading...
" The work of Snyder entitled: "Gay Marriage and Democracy: Equality for All" states that the understanding of what is viewed as discrimination has evolved over time." (2006) This may be true since the founding of the United States resulted in laws Continue Reading...
The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal Continue Reading...
Censorship in Music Censorship Under the Guise of Protecting the Children Rock and Roll Culture Hip Hop Culture Is Censorship in Music Viable and Does it Make a Difference? There have been many attempts by society control music. Governmental sta Continue Reading...
This essay reviews the relevant literature to provide a background on Edward Snowden and how his high-profile actions adversely affected the work of the National Security Agency (NSA). An analysis of what the NSA was doing prior to the leaks and how Continue Reading...
police officers should follow to stop people for questioning. Situation "High-crime zones" are recognized by constitutional law: people in such areas have Fourth Amendment safeguards, distinct from those within different areas of those towns, stat Continue Reading...
Human Resources: Fair Labor Standards Act An Examination of the Fair Labor Standards Act of 1938 and Its Implications for American Workers Today Although most Americans take for granted the wide range of social programs that are in place for their Continue Reading...
Arizona Revised Statutes A.R.S. 13-3881, Arrest: A. An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. Arrests may be done in the following ways: (1) through the Continue Reading...
