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...
U.S. Constitution: Discussion Questions A) The Fourteenth Amendment: the Case of Whitney V. California 274 U.S. 357 Whitney V. California (No. 3) Argued: October 6, 1925 Decided: May 16, 1927 453 Affirmed Location: Socialist Convention at Lori Continue Reading...
U.S. CONSTITUTION The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution Continue Reading...
habeas corpus U.S. Constitution relationship protection civil liberties. 2-The historical evolution habeas corpus, including English American traditions. The writ of habeas corpus is one of the fundamental rights that a person detained is given. Th Continue Reading...
To provide for the common defense, as opposed to merely a state-based defense, the Constitution contains what came to be known as the Compact Clause: "No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships o Continue Reading...
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a co Continue Reading...
Criminal Justice When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that Continue Reading...
While this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the Continue Reading...
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that Continue Reading...
In the experimental community, the researchers instituted a media campaign to increase seat-belt usage, followed by increased police enforcement of the seat-belt law. It was found that the percentage of drivers using seat belts increased in the expe Continue Reading...
Equal Protection: Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such Continue Reading...
Only the Eighth Amendment truly applies to the post-conviction treatment of a criminal defendant, by prohibiting cruel and unusual punishment. There is nothing about being confronted with victim impact statements that is either cruel or unusual. Whe 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...
e. height, weight, age, race, etc.), in connection with the investigation of specific criminal activity, that information allows authorities to narrow the search for individuals who match those identifying characteristics. The process is perfectly lo Continue Reading...
Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend Continue Reading...
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing so Continue Reading...
Baker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on Black defendants and thus serves the extra-legal function of preserving majority group interests. He viewed d Continue Reading...
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007). Highly publicized cases that deal with t Continue Reading...
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not? (1) Search Incident to Lawful Arrest Continue Reading...
Appeals If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime. Although there are is no constitutional right to appeal convic Continue Reading...
Criminal Justice Management and Administration The objective of this work in writing is to describe the historical and theoretical development of organizational management and to list and summarize the most common positions, functions and positions Continue Reading...
Tucker, deputy sheriff of said county, from giving and securing to the said Robert R. Smith and others, naming them, the due and equal protection of the laws of said state, in this, to-wit, that at and before the entering into said conspiracy, the s Continue Reading...
' (Johnson, 2003; paraphrased) Congress's work is "initiated by the introduction of a proposal in one of four forms: 1) the bill; 2) the joint resolution; 3) the concurrent resolution; and 4) the simple resolution. (Johnson, 2003) There are two t Continue Reading...
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" Continue Reading...
Therefore, the people always maintain the (natural) right to overthrow any state authority that fails to act in the best interest of the people or that excuses itself from respecting the natural rights of the populace (Taylor, 1999). The fundamenta Continue Reading...
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are Continue Reading...
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007). The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poo Continue Reading...
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assuranc Continue Reading...
Specifically, the Federal Bureau of Investigations (FBI) is one of the premier law enforcement organizations in the world. However, it was conceived, designed, and structured more for the purpose of investigating past crimes and apprehending and pro Continue Reading...
Having open court procedures would also lead to more liability and more community engagement that would in turn lead to better outcomes for children and families who may get caught up in the criminal justice system (Ashley, 2007). There has been a Continue Reading...
Criminal Justice & Criminology Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights? (Rian) CJ327W Research Methods in Criminal Justice The Miranda vs. Arizona rulin Continue Reading...
Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. Continue Reading...
d.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a l Continue Reading...
U.S. Justice System vs. India's Justice System This paper compares the system of justice in India with the system of justice in the United States. Although they are both democracies -- in fact India is the biggest democratic country in the world -- Continue Reading...
" Freedom of speech has been compromised, CCAPA contends; librarians and others who keep public records may be prosecuted if they "tell anyone the government subpoenaed information related to a terror investigation." The right to legal representatio Continue Reading...
U.S. Justice Department Review the current organization and administration of the three components of the U.S. justice system: the police, the courts, and corrections. This review should consists of a summary of each component system, standard organ Continue Reading...
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile? Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) ha Continue Reading...
Criminal justice administration mainly focuses on crime prevention and punishing any illegal activities. Criminal justice administration is wide and it entails law enforcement and the judicial administration. Some of the jobs that relate to criminal Continue Reading...
