634 Search Results for Constitutional Protections in American Criminal
Gun Control vs. Crime Rate
Gun ownership in Virginia and the effects it has on crime rates
There is much controversy regarding gun laws and the effects that they have on crime levels, as many are inclined to believe that they reduce the number of g Continue Reading...
Constitution provides depicts what is necessary to amend the Constitution. Either two-thirds of both Houses of the Congress, or an application by the legislatures of two-thirds of the several States, can call for a convention proposing amendments to Continue Reading...
The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a d Continue Reading...
Citizen Convicted in Iraq and held by MNF-I
By filing a petition for a Writ of Habeas Corpus in U.S. federal court, the detainee is challenging the government's right to detain her, forcing the government to produce her and produce the reasons she Continue Reading...
From what I can tell Guantanamo Bay served no real purpose it its entire existence. It was a defensive move made by the Government after September 11th because they felt as though they had to do something, even though they truly did not know what t Continue Reading...
14). Soon, Congress passed the Marijuana Tax Act, which was signed into law in 1937. Like the Harrison Act, the Marijuana Tax Act placed marijuana into the same category as the cocaine and opium drugs. It was now illegal to import marijuana into the Continue Reading...
Reconstruction After Civil War
The liberation declaration in 1863 freed African-Americans in rebel states, and after the Civil War, the Thirteenth Amendment liberated all U.S. slaves wherever they were. As a result, the mass of Southern blacks now f Continue Reading...
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding Continue Reading...
Executive Privilege
After Vietnam and Watergate, the issue of executive privilege had not registered much of a blip on the radar. However, the recent Enron scandal has allowed Congress to question the validity of the executive privilege argument. In Continue Reading...
Politics - Texas v. Johnson, the Supreme Court case about Flag Burning
The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by Continue Reading...
Kennedy and the Civil Rights Movement
John Fitzgerald Kennedy, or JFK, served the President of the United States for less than a single full term in the early 1960s after serving in Congress for several terms before this. He was elected in 1960 and Continue Reading...
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
Civil Rights and Police Departments
The outline for basic civil rights in America is deceptively simple and straightforward; it appears in the Bill of Rights, with a concentration on the Fourth, Fifth, Sixth, and Eighth Amendments. Taken together, t Continue Reading...
American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term jurisdiction is used to refer to the legal auth Continue Reading...
e., the company) that has technical control over telecommunications networks and thus technical ability to access communications, versus a party that is duly authorized to actually access those communications via a warrant (Mares, 2002). Although, as Continue Reading...
Capital punishment: Is it a deterrent to Cop Killings?
Capital punishment is the imposition of death penalty on persons condemned of a crime. (Americana, 596) Killing condemned criminals has been one of the most extensively practiced types of crimin Continue Reading...
Therefore, even staunch proponents of capital punishment share the concern that it be (1) imposed only where extreme punishment is appropriate to the nature of the crime, and (2) applied in a manner that does not cause unnecessary pain or prolonged Continue Reading...
In Woodson v. North Carolina, the Court held that an offense may not carry a mandatory capital punishment sentence, concluding that it violated both the Eighth and Fourteenth Amendments because it precluded consideration of factors such as the defe Continue Reading...
For example, ordinarily, a citizen may not be stopped and questioned by police merely because of the fact that he is Caucasian, bald, and in the immediate vicinity of a predominantly African-American church primarily because of 14th and 4th Amendmen Continue Reading...
("Home Confinement / Electronic Monitoring," n. d.)
House arrest or home confinement started as a program to handle particularly as a sentencing substitute meant for drunk drivers, but rapidly spread over to a number of other offender populations i Continue Reading...
The law's intended purpose of preventing and detecting future attacks was the dominant concern of lawmakers. Yet, the hasty manner in which the law passed through Congressional lawmaking processes causes opponents to argue that lawmakers gave dispro Continue Reading...
Death Penalty
One is most deterred by what one fears most. From which it follows that whatever statistics fail, or do not fail, to show, the death penalty is likely to be more deterrent than any other.
FACTS:
If it is difficult, perhaps impossibl Continue Reading...
Evolution over the Years
To a majority of individuals, arrest and detention within a law enforcement facility may be counted among the worst of life’s experiences; being coerced into confessing, at times under torture, is much more terrifying. Continue Reading...
This can have adverse effects on the child's mental and emotional state and could make it more likely that the child will follow the same path. Also, incarcerating an individual who has a minor child is another way of creating a single parent home. Continue Reading...
These include "books, letters, diaries, library records, medical and psychiatric records, financial information, membership lists of religious institutions, and even -- as Attorney General Ashcroft himself conceded in testimony before Congress -- ge Continue Reading...
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the l Continue Reading...
Correctional Services of Canada says that these programs are the result of acknowledge the woman as "her own beset expert," and are built on the premise that "earning to make informed choices and then accepting the consequences of them will enable t Continue Reading...
This highlights one of the clearest philosophical drawbacks for a correctional focus which is geared toward incapacitation. Indeed, we might regard this as an example where 'just desserts' might be an approach affiliated with the overlooked demands Continue Reading...
Women and the Death Penalty Analysis
An Analysis of the Historical Effect of Gender and Race on the Application of the Death Penalty in the United States
While the debate over capital punishment continues to rage in the United States, questions of Continue Reading...
Wrongful Conviction Review: Henry James
Wrongful convictions are convictions where "factually innocent people are convicted of crimes" (Acker & Redlich, 2011, p.3). There are a number of ways that wrongful convictions can occur. Two of these way Continue Reading...
Furthermore, while the Supreme Court has recently been proactive about protecting groups that have historically been especially vulnerable to the death penalty, such as the mentally retarded and the mentally ill, there is no reason to believe that t Continue Reading...
I would not suggest that Mary Lou plea-bargain to any offense.
II. First, I would suggest that all she did was buy gasoline, which is not illegal, and that she was not aware of Bubba's plans to use it to burn down the houses. If the evidence demons Continue Reading...
This includes the protection of children and protection of people who are victims of sexual crime. As it pertains to children there should be and there are laws in place that protect them from accessing or buying pornography. In addition there must Continue Reading...
According to Lawlor, Connecticut has "developed a flexible approach geared toward immediate intervention and proven results" (Lawlor). He explains that not every teenaged car thief with a record of several arrests should be sent to prison, just as n Continue Reading...
.....criminal justice system protects the public from criminals and criminal activity by investigating, catching, and thwarting crime. Although some countries have similar methods of punishing criminals and preventing crime, many countries have diffe Continue Reading...
Penitentiary System
Two Significant Changes to the Penitentiary System during the 20th Century
During the 19th Century prisons were harsh environments that incorporated corporal punishment, striped uniforms and lockstep marching. In 1876 the Elmir Continue Reading...
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower e Continue Reading...