Case Study: Brady V. United States
Brady v. United States 397 U.S. 742 (1970) Intro: The Petitioner plead guilty to kidnapping after his co-defendant decided to confess and testify against him. Whether Brady’s (the petitioner) plea was made voluntarily was the issue. Relevant Law: “Just because a defendant discovers that the State would have had a weaker case or that they were not going to impose the maximum punishment does not mean that the defendant is allowed by law to disown his statements made in open court.” Facts: The Petitioner, in 1959, was charged with kidnapping. Because the person Brady had kidnapped later died, he could have been charged with the death penalty. The petitioner, Brady initially pled not guilty. After learning that his co-defendant confessed to the authorities, and would plead guilty and be available to testify against him, Brady decided to plead guilty as well. Before entering his plea, the trial judge questioned him twice about the voluntariness of his plea. Brady was sentenced to fifty years in prison and it was later reduced to thirty. In 1967 looking to take time off of his sentence Brady claimed that his plea of guilty was coerced and that he was pressured by his counsel, who told him he should plead guilty to avoid the death penalty. The District Court of the District of New Mexico denied relief and the Circuit Court concluded that the District Court’s findings were supported by substantial evidence. Specifically approving of the District Court’s finding that petitioner’s plea of guilty was voluntary. …show more content…
But a plea of guilty is not invalid just because entered to avoid the possibility of the death penalty, and here, the petitioner's plea of guilty met the standard of
Chimel Vs. California Case Study
455 Words | 2 PagesTitle: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.
Summary Of The Petitioner V. Collins
603 Words | 3 PagesCollins, 506 U.S. 390). The case was complicated because the state had already met its expenses and burden to prove during trial that the convict was guilty of the capital murder beyond judicious doubt. The presumption of innocence disappears when a person is convicted. According to the petitioner, he claims that the evidence that was not presented in court proved him innocent the verdict notwithstanding.
Miranda's Confession, Injustice In Pheonix, Arizona
364 Words | 2 PagesIn 1963, Ernesto Miranda was arrested in Pheonix, Arizona for the kidnapping and raping of a woman. When questioned by police officers, Miranda would eventually give a confession, and sign it, which wasn 't the case.. Before the court, this confession would be used against Miranda, and with it, the implication that it was received voluntarily and with the convicted knowing his rights. Miranda was convicted with a 20-30 year sentence. Upon eventually learning that his confession was obtained unlawfully, Miranda would appeal to the Arizona Supreme Court, asking for an overturn, and when that fell through, would turn to the United States Supreme Court, filing a habeas corpus.
Case Study: Burwell V. Hobby
1454 Words | 6 PagesBusiness Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Compare And Contrast Boblit And Brady
1244 Words | 5 PagesBoblit and Brady were arrested and charged with murder in the first degree. In court Brady stated that although he was an accomplice to the murder he had nothing to do with the physical act of murdering the victim. He testified that Boblit was the one responsible for the horrendous act of murder. Brady’s lawyer tried to defend him to the best of it ability so upon trial his lawyer obtained the sworn testimony of Boblit but a specific part of his testimony was never admitted into court. There was never a fact of omission of guilt admitted on the record by Boblit coping to murder even though his sworn statement admitting to the murders was on July 9,1958.
Jeffrey Dahmer Research Paper
1969 Words | 8 PagesThe court ruled that even with his plea he knew what his actions were and ruled against the plea. “If he had been found insane he would have been hospitalized in the state mental institution and would be eligible to petition for release every six months”(The New York Times Company). “Even with an insanity plea Dahmer was sentenced to 15 consecutive life sentences on counts of murder. He was denied parole “If he were to gain parole in one sentence, the next sentence would automatically take effect, making him ineligible for parole for 936 years, prosecutors said”(The New York Times Company). Wisconsin the state where the trial was held does not hold a death penalty, but Dahmer requested it to
The Pros And Cons Of The Brady Rule
910 Words | 4 PagesSince its establishment in a seminal Supreme Court of the United States decision the Brady Rule, which requires government disclosure of material evidence favorable to defendants in certain circumstances, has become an integral due process right for defendants in criminal trials. In crafting the Brady Rule, however, the Supreme Court did not specify if the rule is also applicable in administrative proceedings. First, this discussion focuses how lower courts have interpreted the Supreme Court’s omission of such a specification to mean the Brady Rule is not applicable in administrative proceedings. Second, this discussion explains how a Secretary of the Navy Council of Review Boards (SECNAVCORB) Policy Letter creates a Brady Rule equivalent that is applicable to Physical Evaluation Board (PEB) proceedings because it requires the PEB to disclose to the service members any information, including information beneficial to the service members, it obtains that is not already known by the service members.
Hillside Strangler Argumentative Essay
758 Words | 4 PagesImagine that you are taking a brief walk at night with your dog or by yourself and suddenly feel suffocated. The next thing you know, you have become the next victim of a gruesome sexual attack. However, you could never tell your tale because, at the lowest point of this heinous ordeal, you realize that your rapist will now turn into your murderer. This is the case of the Hillside Strangler, a story of two cousins, Angelo Buono and Kenneth Bianchi, and the brutal crimes they were charged with.
Research Paper On The West Memphis Three
1244 Words | 5 PagesThey filled out the paper work that would release them. The judge had them testify about their education and if they had been under the influence of drugs. The judge made them understand that they did not have to plead guilty. They asserted their innocence but said they were entering the plea on advice of counsel. (Leveritt)
Robert Brady Was Pled Not Guilty
155 Words | 1 PagesIn 1959, Robert Brady was charged with kidnapping, which inflicted capital punishment if convicted by the jury. Brady first pled not guilty, but once he learned that his partner in crime agreed to plead guilty and testify against Brady, he later changed his plea of not guilty, to guilty. Brady’s plea was accepted, after being questioned on his voluntariness of the plea, and was sentenced to 50 years in prison, which was later lessened to 30 years. Afterwards, in 1967, Brady requested post-conviction relief stating that under 28 U.S.C 2255, “his guilty plea was not voluntarily given because 1201 (a) persuaded his plea from his counsel… also that the trial judge had not complied with Rule 11 of the Federal Rules of Criminal Procedure (Brady v.
What Is The Role Of Plea Bargaining In Criminal Justice
142 Words | 1 PagesPlea-bargaining dominates the American criminal justice system by offering a reduced sentence to those who stand accused of a crime in exchange for the accused pleading guilty or to a lesser charge and waiving the right to trial. The problem with plea-bargaining is that it lays a heavy burden on the accused while theoretically reducing the burden carried by prosecutors and the court system. Plea-bargaining has trickled its way into the American criminal justice system disguised as a win-win for accused criminals and prosecutors but has weakened the justice system by allowing prosecutors to score guilty pleas from vulnerable individuals and allowing serious criminal offenders walk on lesser charges. Plea-bargaining severely undermines the criminal
Brady V. Maryland Argumentative Essay
390 Words | 2 PagesThe duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
Essay On The 5th Amendment
1152 Words | 5 PagesThe constitution has 27 amendments that are all meaningful and has had great effect on the U.S. but the ones we found most significant to society are the 5th, 13th, 14th, and 19th amendments. The 5th amendment states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property
Inherit The Wind Character Analysis
670 Words | 3 PagesIn the play, “Inherit the Wind” written by Jerome Lawrence and Robert Lee, Bertram Cates goes on trial for teaching “Darwin’s Theory of Evolution” to his story. This created a major case, where humans challenged God’s holy word,. This started a war against humans and the God. During the battle, two of the world’s greatest mind fought against each other, the defence attorney Henry Drummond and the prosecutor attorney Matthew Harrison Brady. From the beginning to the end, the trial was influenced mostly by Brady’s characteristics, successfully leading him to winning the trial.
The Pros And Cons Of Wrongful Conviction
949 Words | 4 PagesPeople plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.
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