Does Florida's Injustice To Violate The Sixth Amendment

Miranda was retried and again found guilty. At the second trial, a former girlfriend testified that he had told her about kidnapping and raping the 18-year-old in 1963. He was paroled in 1972 and was in and out of prison until he was killed in a stabbing at a bar when Miranda was 34 years old. No one was ever charged with his death (Cassell, 1998). The Impact of Miranda V. Arizona When the Supreme Court ruled 5-4 that the prosecution could not introduce Miranda’s confession during trial because the police had failed to inform the suspect of his right to have an attorney present and that he did not have to incriminate himself, the impact the ruling would have on the entire U.S. judicial system was only beginning to become clear.

The Supreme Court of the United States, in Wilkinson v. Austin, decided more than a decade ago that the state of Ohio 's Super Max facilities did not violate those prisoner 's due process rights long established under precedent. Although the prisoners lost their case, the controversy is very much alive (Lobel 2008). This issue affects every American citizen. Although all citizens will not face confinement in a super-max facility, but a due process analysis in the higher federal courts has serious implications. The American legal system is built

It clearly violates the eighth amendment that states, “[E]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." (Eighth Amendment.) The segment of ‘cruel’ refers to a punishment that is brutal and inflicts severe pain of the suspect, whilst ‘unusual’ implies that the punishment is generally not associated with the crime that has been presumably been committed. The supreme court of Georgia explained, in a five to four ruling, that “capital sentencing based on the unguided discretion of juries offends the "cruel and unusual punishment" clause of the Eighth Amendment” due to the fact that it permits “juries to impose the distinctively profound sentence of death on some convicted defendants while other juries impose the far different sentence of life imprisonment on large numbers of similarly situated defendants convicted of exactly the same crime.” (Furman v.

As aforementioned, the Supreme court’s decision to overrule Betts v. Brady resulted in a new trial for Gideon. The Supreme Court made a wise choice in overruling the Betts v. Brady decision, on account of it being too vague, would create more expensive problems in the future and a fair trial cannot be held if a defendant lacks counsel. The Betts v Brady over the years gain the special circumstances factors including youth, illiteracy, ignorance, mental illness, complex charges or judge and prosecutor behavior at the trial. This left the limitations open to interpretation by the state, this decision to leave flexibility appears to attempt to preserve state power on the issue. However, 25 states sent amici curiae briefs in support of Gideon’s right to counsel

(“The Battered Child” 7) Five years later, in Daniels v. Williams, the Court considered Joshua’s case when deciding, "to the extent that it states that mere lack of due care by a state official may 'deprive ' an individual of life, liberty, or property under the Fourteenth Amendment." (DeShaney v. Winnebago County Department of Social Services) In Davidson v. Cannon, a case heard immediately after Daniels, the Court reiterated its newfound belief that "where a government official is merely negligent in causing the injury, no procedure for compensation is constitutionally required." (The Battered Child 8) The future impacts of Joshua DeShaney’s case will last a long time, and effect many future cases. In conclusion, after contemplating the cases’ distinctive historical background, the sharply divided arguments that prompted the courts’ ruling, and the wide-reaching impact of that ruling, it is evident that this case was a turning point in American history. Despite differing opinions, the Supreme Court stuck to the Constitution in their decision that the government is not responsible for protecting children from their

On April 25th, 1980 Bobby James Moore and two accomplices robbed a grocery store in Houston, Texas. During the robbery, Moore shot and killed the store clerk, a 76-year-old man named James McCarble and was consequently convicted of capital murder and sentenced to death. Moore appealed in both state and federal habeas relief courts and was granted relief by a federal court in the Fifth Circuit after arguing that precedent established in Atkins v. Virginia applied to his case. The habeas court granted relief based on the Atkins argument but the Court of Criminal Appeals of Texas, reversed the ruling stating that Moore was not intellectually disabled based on Ex Parte Briseno and a 1992 definition of intellectual disability. In 2014 Moore filed a writ of certiorari arguing that his constitutional rights have been violated within his 8th Amendment protection against “cruel and unusual punishment” and in combination with the 14th Amendment’s due process clause which he believes to have been violated due to the delay of his sentencing, having lasted

Constitution place on state’s power to determine voter qualifications? Those limitations start with the Voting Rights Act of 1965. This act prohibits racial discrimination when voting in the local, state, and federal levels. “Section 2, which closely followed the language of the 15th amendment, applied a nationwide prohibition of the denial or abridgment of the right to vote on account of race or color” (ourdocuments.gov). Not since the reconstruction period after the civil war had there been such a “significant statutory change in the relationship between the Federal and state governments” (ourdocuments.gov).

D. (2002). Three strikes and you're in (for life): An analysis of the California three strikes laws as applied to convictions for misdemeanor conduct. Thomas Jefferson Law Review, 24(2), 277-298 This article analyzes California’s Three Strikes and how it applies to petty theft cases, particularly those that have been overturned by the appeal courts, particularly the Ninth Circuit. The article hypothesizes that the legal application of California’s Three Strikes Laws to petty theft cases is an application that the voters never contemplated upon when passing the law. The research methods used in the article is also qualitative whereby the author reviews and analyzes the California Three Strikes Law as it was passed, how the federal court takes over a state case and the application of the law in a particular case.

A perfect example is the Dred Scott v Sandford case. Dred Scott had moved with his owner to free states. When his owner died he tried to purchase his freedom; however, the widow rejected. Dred Scott filed suit and the case was heard by the supreme court. Chief Justice Roger Taney issued the decision, that Dred Scott whether free or a slave is not a U.S. Citizen and therefore had not right to sue in Federal court (Lecture, 05 February).

This concept was created by the Supreme Court through many cases. In the case of Wolf v. Colorado (1949), Julius A. Wolf was arrested and charged with conspiracy to perform an abortion. The officers invaded Wolf’s clinic without a warrant and obtained evidence to use against him. Wolf insisted that the police had violated his rights by doing an illegal search of his clinic

In 2005, however, Supreme Court, granted to review the Ninth Circuit ruling and as a result overturned the Ninth Circuit ruling and ruled that California’s policy of assigning inmates to racially segregated cells constitutionally suspect and the Court dismissed the “separate but equal” policy (Grumberger, 274). Justice Sandra Day O’Connor wrote, “We rejected the notion that separate can ever be equal.. 50 years ago in Brown v. Board of Education, and we refuse to resurrect it today,” As a result the court ruled that policies that create race-based classifications are subject to strict scrutiny (Noll, 849). Strict scrutiny is the level of review used when a fundamental constitutional right is infringed, or when the government action involves

Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights. The death penalty has been significantly changing according to these six cases: Atkins v. Virginia (2002), Roper v. Simmons (2002), Kennedy v. Louisiana (2008), Graham v. Florida (2010), and Miller v. Alabama (2012).

This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned. Fact of the case: In the 1980’s there was a series of rape and burglary that happened in Punta Gorda Florida. The perpetrator left a fingerprint on the doorknob of one of the victim’s bedroom doors and a herringbone pattern tennis shoe print in one of the victim’s front yard near the front door.