Qualified immunity is a concept used in court that protects government workers from being civilly liable for damaged caused while doing their job as long as they did not violate anyone’s constitutional rights. This allows government workers to do their jobs without the fear of being charged just because someone feels like they had their rights violated. The government workers with qualified immunity can still face punishments outside of the courts though. Some do not agree with the idea of qualified immunity as they believe that holding the individuals help victims and allow the government workers to be held more accountable for what they do (Mukherj). On the other hand, there are people like me who agree with qualified immunity. I believe …show more content…
It makes it clear that a accidents and injuries caused during a high speed pursue due to the offender’s own fault does not break the fourteenth amendment. It also shows how qualified immunity can help law enforcement. Qualified immunity was able to help Smith get out of being sued due to the accident caused by the high speed pursue that he was involved in. It causes a positive impact on law enforcement as it allows law enforcement to be free of the fear of being sued for events that they never thought of or thought would ever happen. In this case, Smith was involved in a accident that he could not see coming at the time. If it was not for qualified immunity, Smith would have gotten into trouble for something he could not foresee. It causes a more negative impact on the general public. This is because the general public might feel like they are not getting justice if they cannot get the person who they believe violated they rights in any trouble for what they did. The general public might not like qualified immunity but it is needed to protect government workers from aimlessly being sued for any claim that they violated anyone’s rights. Qualified immunity will cause positive impacts on future cases. Future cases using qualified immunity will allow the courts to waste less time with cases where there are no clear violation of somebody’s constitutional rights and move on to other cases. Even if somebody gets qualified immunity, they can be punished in their jobs if they broke the rules and they can still get sued for other
Reason: Implied rights listed by the court included the Fifth Amendment, which offers protection
I don’t think officer did it right by violating the exclusionary rule, but if they believed that it was too dangerous for them, they sure did it right. I believe
In the south back in the 1930’s there were many Americans who did not know the meaning of equality for all. With this being the case, many black people faced discrimination daily and it followed through to the legal systems especially in the south where both being compared took place. The evidence provided in both trials proved to be weak. Despite this, both defendants had determined lawyers who believed in justice.
On an unanimous vote, the Supreme Court ruled in Gideon’s favor. He was given another trial and the charges were acquitted. His efforts against this issue led to it being made known that no matter the crime, each and every person must be provided a lawyer if they cannot afford one themselves. “If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell with a pencil and paper to write a letter to the Supreme Court, and if the Court had not taken the trouble to look for merit in that one crude petition ... the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case ... and the whole course of American legal history has been changed.”
THE 14TH AMENDMENT In this paper, I will be talking about the equal protection of laws clause in 14th amendment interpreted in the case of Plessy v. Ferguson. This paper will focus on the concern over racial injustice in the judgment of Plessy v. Ferguson. Racial injustice is being looked in several aspects i.e. the argument of absolute equality, the objection to inferiority argument, the personal liberty argument and the good faith argument. In the end, I will conclude that the decision of Plessy v. Ferguson is a pernicious decision.
The number of lives can be greatly reduced with the implementation of Stand Your Ground Law. Without the Stand Your Ground Law it would make self-defenders more vulnerable to criminal prosecution and would likely increase the possibility of a innocent victim being injured or killed by an attacker. It is important to have a law that protects American civilians. It proves to be a natural right to defend oneself from a
The case was first heard in Pennsylvania but once that court ruled the law did not violate the first amendment he appealed and took it to the Supreme Court. In this hearing his main argument was that the law was in direct violation with the constitution which did not tolerate religions benefiting from state laws. The court went over the “three main evils” in order to prevent sponsorship, financial support, and involvement of the sovereign in religious activity. The first of those three tests is that the statute has to have a legislative purpose. Second, the principle must not advance or inhibit religion.
The Verdict discussed how both cases were attempting to suppress evidence from their cell phones which now contain much more information than they once did. Cases like this continue to shape our rights. The fourth amendment is here to protect ourselves from being incriminated. In modern day the fourth amendment is in question due to new technology.
The government appealed the court of appeals decision to bring to the Supreme Court where it is now. I stand with full belief, and the majority opinion of the Supreme Court that Abel Fields’ conviction be overturned. His First Amendment rights had been violated. Even though he was
In 1972, one of the most iconic court cases about capital punishment was decided on: Furman v. Georgia. It considered both the constitutionality of the death penalty and its adverse effects on minority groups. The controversy of this decision was backed up by more than 200 pages of concurrences and dissents, culminating in a one page decision. In this decision, the Court nullified all existing capital punishment laws and pardoned everybody on death row. To reinstate the death penalty, states had to satisfy the Eighth Amendment by removing all “discriminatory” and “arbitrary” effects.
The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
The exclusionary rule can make evidence inadmissible in the court of law if that evidence was illegally obtained by a police officer. This protects an individual from unlawful searches and serves as an effective deterrent for police misconduct. One could argue that a mistake on the officer’s behalf should not result in the release of a criminal. This assertion would be reasonable if these fourth amendment violations committed by police officers were honest mistakes. Unfortunately, some illegal evidence is found because of deliberate misconduct by the police.
The general public is okay that some criminals go free if it means police will not violate the 4th amendment. The exclusionary rule states that any evidence obtained illegally shall not be used in the court of law. It also states any evidence found because of the piece of illegal evidence is invalid. The exclusionary rule was first introduced in federal courts with the case Weeks V USA 1919. The rule did not apply to the states until 1961 in Maps V Ohio when they stated it was arrogant to have a rule that only applies to federal courts.
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.