Case Brief Of Kent V. US
Kent v. United States 383 US 541 (1966) PROCEDURAL FACTS The defendant, Morris Kent Jr., was arrested by authorities under the Juvenile Court of the District of Columbia under charges of housebreaking, robbery, and rape. The defendant was subject to exclusive jurisdiction under the Juvenile Court as he was 16 at the time. Juvenile court jurisdiction was waived and Kent was sent to trial under the regular procedure of the District Court. The defendant was convicted under the District Court of the District of Columbia on six counts of robbery and housebreaking but was acquitted of the rape charges by plea of insanity. Kent was convicted and sentences to 30-90 years in prison. The defendant appealed his conviction to the United States …show more content…
was arrested and interrogated by police under circumstances pertaining to robbery, housebreaking, and rape. During his interrogation, in which he lacked an appropriate legal counsel, he admitted his involvement and the Juvenile Court ordered a waiver for the defendant to be prosecuted under the District Court of the District of Columbia as an adult. Kent moved to dismiss the waiver as he claimed a “full investigation” had not been conducted as required, but the District Court dismissed his claim. Kent was convicted on six counts of robbery and housebreaking, but was acquitted of two counts of rape with justification of insanity. Kent appealed the conviction to the United States Court of Appeals. The U.S. Court of Appeals affirmed the decision by the District Court and maintained that the waiver was valid. The case then reached the Supreme Court as he felt his rights protected by Fifth Amendment of the United States were …show more content…
The Supreme Court utilized the Fifth Amendment of the United States as reference since it lacked the adequate regard for due process as protected under the law. The Fifth Amendment of the United States specifically voices that no person shall be “deprived of life, liberty, or property, without due process of law”. The defendant, Kent, stated that the procedures leading up to the District Court trail were unjust as he lacked a proper hearing, assistance of counsel, and proceeded without a statement of reason regarding the waiver. Because of the lack of these important steps, the Court believed the defendant was being deprived of his rights without the due process of law. These key aspects would not go unnoticed in the case of an
Summary Of A Case: Korematsu V. United States
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Petitioner V. Thompson Case Brief
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Case Brief Of Gideon V. Wainwright
856 Words | 4 PagesGideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial’s decision to not allow him a lawyer violated his constitutional
Analysis Of The Supreme Court Case: Gideon V. Wainwright
1506 Words | 7 PagesThe following two cases resulted in reversals of the convictions due to lack of counsel, but after this it became evident the Court was trying to draw the line of which trials to reverse. After these two cases, “in 1947 the Court made it plain that in non-capital cases it was sticking to the flexible rule of Betts v. Brady”(Lewis 118). Betts v. Brady helped to pave
Case Brief Miranda Vs Arizona
688 Words | 3 PagesCase Citation: Miranda v. Arizona, 384 U.S. 436 (1966) Parties: Ernesto Miranda, Plaintiff/ Appellant State of Arizona, Defendant/ Appellee Facts: This case represents the consolidation of four different cases, in which an accused individual confessed to a crime after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during the interrogation. The first case resolved Ernesto Miranda who was arrested and charged with kidnap and rape. He confesses and signed a written statement after a two-hour interrogation.
Gideon Vs Wainwright Case Study
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Morris Kent Case
840 Words | 4 PagesThe verdict was not found to be guilty with the counts of rape due to reason of insanity. Morris Kent was sentenced 30 to 90 years in prison and also some time in Saint Elizabeth's Hospital. Kent’s lawyer believed that the investigation was not thoroughly completed and that the indictment should be dismissed. Due to the findings of Kent’s mental issues they concluded that the waive was inappropriate. He said that Kent was denied his constitutional rights due to the fact he was a minor.
Defendant Jackson Case
265 Words | 2 PagesOn July 14, 2002 Defendant Jackson decided to break into victim home. The victim went out for about an hour on the morning and returned home to find defendant in his room. The victim threw his keys at defendant, and defendant ran and obnubilated in a closet. The victim pulled on the closet door, but defendant was prehending the doorknob on the inside. Defendant then relinquished the doorknob and sprang from the closet; the victim prehended him and they fell together onto the bed, breaking it.
Compare And Contrast Edwards Vs Aguillard
1445 Words | 6 PagesHe was listed as a respondent to the challenge. At first the court case went through a three judge district court where it ruled that the law was constitutional. It was then appealed to the supreme court where they accepted the case. The supreme court ruled in an unanimous 8-0 decision that the law was unconstitutional.
David's Case Study
278 Words | 2 PagesOn September 25th David was arrested for vandalizing property and for burglary. David’s case became so popular in North Carolina because during his trial the state did not provide him with a lawyer. When David appeared in court he was informed of all the charges against him. The court also showed the footage of the defendants house where someone had entered his house to destroy his property and to steal.
Essay On Gideon V. Cochron
851 Words | 4 PagesOn January 15, 1963, the Supreme Court heard oral arguments in Gideon v. Wainwright. Abe Fortas, a Washington, D.C., attorney, and future Supreme Court justice, represented Gideon for free before the high court. He eschewed the safer argument that Gideon was a special case because he had only had an eighth-grade education level. Instead, Fortas asserted that no defendant, however competent or well educated, could provide an adequate self-defense against the state and that the U.S. Constitution ensured legal representation to all defendants charged with felonies. Two months later the court unanimously ruled that the denial of an attorney violated the Fourteenth Amendment, which guarantees due process.
Clarence Gideon Case Essay
968 Words | 4 PagesThe new precedent used the Fourteenth Amendment, which guarantees equal protection to all Americans regardless of state laws, to expand the right to counsel for all Americans. The Sixth Amendment guarantees the right to counsel at the federal level, but this new precedent applied to the state level. The Supreme Court decision was clearly uncontroversial because it was an unanimous decision: 9-0 majority (Oyez). All the Justices believed the Constitution placed a high importance on the right to a proper defense for the accused, as stated in the Sixth Amendment, and that it was unconstitutional for a court to deny proper defense for anyone charged. “The Constitution guarantees the right to counsel as a protection of due process” (Oyez), which does not limit due process just to those who can afford it, but rather all
Earl Warren's Effective Leadership
762 Words | 4 PagesIn the Supreme Courts examination, they assessed whether or not the Sixth Amendment’s right to counsel in criminal cases extended to felony defendant in state courts (Oyez,
Fifth Amendment Vs Due Process
420 Words | 2 PagesThis simple phrase gave life to thousands of cases in our local, state and federal courts. The fact is our fifth and fourteenth amendment gave us Americans' life through the judicial system and goes all the way up to our Supreme Court. It is very important to understand the differences between substantial due process and procedural due process. Both are important to
Apprendi Vs New Jersey Case Study
860 Words | 4 PagesHe believed that it was unconstitutional to get an increased sentence based on the evidence that was given. His argument was that according to the due process clause it must be proven beyond reasonable doubt to a jury. He claimed it wasn’t constitutional for a judge to make that ruling just based on the evidence presented to him. The main question of this case was whether the fourth amendment requires that an improved maximum prison term for an offense of ten to twenty years be proven with facts beyond the reasonable
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