The respondent then sought collateral relief in the state court on numerous grounds, specifically among them was his assertion that counsel had rendered ineffective assistance at the sentencing proceeding. The respondent challenged his counsel’s assistance in six respects. He claimed that counsel was ineffective because he failed to move for a continuance to prepare for sentencing, failed to request a psychiatric report, failed to investigate and present character witnesses, failed to seek a pre-sentence investigation report, failed to present meaningful arguments to the sentencing judge, and failed to investigate the medical examiner’s reports or cross-examine the medical experts. The respondent then filed a habeas corpus petition in Federal District Court seeking relief on numerous grounds, including the claim of ineffective assistance of counsel. The District Court denied relief and found that the counsel made judgment errors in failing to further investigate mitigating evidence, but the respondent 's sentence did not result from any prejudice from any of the counsel’s judgment errors.
If not, families with innocent acquaintances in custody shall be in despair for as long as the prisoner is in jail. If the court stops this misdemeanor, then everyone shall be saved of being accused mistakenly. Everyone loves their family. Therefore, if they’re locked up for years and years for a crime that they never committed, then the entire family shall be crestfallen. According to criminal.findlaw.com/criminal-charges/bribery.html, the Foreign Corrupt Practices Act in 1977 makes it unlawful for a United States citizen, as well as certain foreign issuers of securities, to pay a foreign official in order to obtain business with any person.
During the lower courts trial Sorrells’ was convicted due to agent martins’ testimony that he was the only persons in the home who asked sorrells about getting the alcohol. One of the acquaintances’ of martin testified to sorrells reputation as a rumrunner also helped with sorrells conviction. During the trial the court did not allow entrapment to be raised, ruling that it had not occurred as a matter of law. Sorrells was found guilty and sentenced to eighteen months of imprisonment. The appeals court affirmed the conviction, where sorrells attorney introduced a petition for writ of certiorari.
An example of this branch checking another branch June 26, 2013, the Supreme Court ruled that section three of the “Defense of Marriage Act" is unconstitutional and that the government can’t discriminate against married L/G couples in deciding federal protection or benefits. The Judicial Branch rightfully checked this Congress law in an attempt to stop governmental prejudice. An instance of the Judicial Branch being checked is 1805 Associate Justice Samuel Chase was impeached due to expressing his strict federalist ideas in the court and the idea of Judges serving for life irritating Thomas Jefferson; The House of Reps passed the articles of impeachment, and then was acquitted by the Senate. This shows that the other branches have the right (with the right resources) to impeach Supreme Court justices if they step out of
He had been found guilty by the jury after deliberating for just under an hour. Charges included possession of cocaine, resisting arrest without violence, possessions of paraphernalia, and aggravated assault with a deadly weapon. Added to the substantial evidence against him, the prosecutor referenced his prior criminal during the sentence, in an attempt to sway the judge to levy a harsher punishment. It’s possible to say that from the very beginning, the defendant was in a tough situation, and really squandered an opportunity to get a shorter sentence. During the sentencing, the defendant asked the judge to assert a punishment he deemed fitting for the circumstances of the crime, but also considerate enough where he had the opportunity to be with him family as soon as possible.
The sixth amendment gives any citizen in the United States of America, the rights to a legal counsel when accused of a crime. When Ernesto was arrested and was interrogated for over two hours, he was never told once about his rights to an attorney. Then it allowed the police to receive a confession out of him to use in court, which also valuated the fifth amendment. The fifth amendment say that a person can not be a witness to themselves, which means that Ernesto confession was not valid evidence to us in court.
American sniper Chris Kyle was murdered February 2, 2013. His murderer Eddie Ray Routh plead insane and blamed mental illness, he was found guilty of his crimes and sentenced to life in prison after the evidence of him ordering fast food after the murder was brought forth. An act he cannot perform with his “mental illness.” Ruth Lee Johnson J.D. graduate of Harvard Law school writes about the defense saying “Insanity is a legal term, not a medical term.” This gives the jury the power to determine insanity, opposed to a psychologist. Does the jury have the qualifications to make such decisions and even if some are truly insane how can you differentiate between them and those who want an easy way out?
Every year in the United States, children as young as 13 are sentenced to spend the rest of their lives in prison without any chance for release. Approximately 2,500 children have been sentenced to juvenile life without parole (JLWOP) in the United States. Although the U.S. Supreme Court ruled in June 2012 that juveniles convicted of murder cannot be subject to a mandatory sentence of life imprisonment without the possibility of parole. I also completely disagree with the majority of U.S Supreme Court ruling that argued to abolish mandatory life sentences to juveniles who commit murder, because if an immature teenager is able to carry out a murder and complete it, that teenager under the age of 18 or not they should suffer the consequence for the crime committed. Also no matter the age of the murderer, the law was still broken when the crime was committed.
The proceedings against Gault were conducted by a judge of the Superior Court of Arizona who was designated by his colleagues to serve as a juvenile court judge. The Juvenile court committed Gault to juvenile detention until he attained the age of 21. At that time, no appeal was permitted in juvenile cases by Arizona law; therefore, a habeas petition was filed in the Supreme Court of Arizona and referred to the Superior Court for a hearing. The Superior Court dismissed the petition, and the Arizona Supreme Court affirmed (In re Gault, 1967). The Gaults were unsuccessful in their appeals to the higher Arizona courts regarding the unconstitutionality of the process afforded to juveniles in the state, nevertheless, the U.S. Supreme Court granted certiorari and agreed to hear the case to determine several issues.
I’m talking about this one, who had been a part of my life as long as I could remember, until one day he wasn’t. On October 1 of 2013, my Uncle Mike was taken to jail for an encounter with police over 10 years prior for the possession of drugs. So, yes, he did commit a crime, but that isn’t the whole story. I 'm not telling you this in some vain attempt to excuse his actions or portray him solely as a victim, because he did, in fact, always have a choice, but I hope by hearing this all of you will understand the direct impact that the marginalization, mass incarceration, and criminalization of African American men have not only on society, but on all African Americans on a very personal level. When my uncle was sent to jail, he left behind his wife, who would then have to essentially take care of two "kids," one being their 5 year old daughter, the other being my uncle.
Imagine that you and a partner have been arrested for trespassing. The police separate you, and give you each two options: confess or remain silent. If you both confess, you each spend ten years in jail. If you both remain silent, you each spend three years in jail. However, if one of you confesses and the other does not, the one who confessed goes free, as a reward for helping the police, and the one who remained silent spends 20 years in jail!