Roach 2006 Irac Case Study
Step 2: research –roach v. electoral commissioner (2007) Questions Q1. The individual or group that had their rights infringed-who were they? Individuals who had their rights infringed were prisoners who served more than 3 years in prison. In this case, Vicki lee roach had been serving 6 years in prison for negligently causing a car accident. Q2. Which right(s) was infringed? How was the right(s) infringed? Roach has challenged the effectiveness of the 2006 amendments made to the electoral act 1918 (cth) by the passage of the electoral and referendum amendment act 2006 (cth). The amendments prohibited all prisoners who were serving a sentence of imprisonment for a commonwealth, state or territory offence from voting in federal elections. Before …show more content…
In 2006, the commonwealth passed the electoral and referendum amendment (electoral integrity and other measures) Act 2006 (cth) which had prohibited all convicted and sentenced prisoners from voting in elections. Roach, who had been serving a six year term of imprisonment for five offences, was enrolled to vote in the seat of Kooyong, Victoria. Before the act made in 2006, prisoners who had been serving sentences over three years were banned from voting. Q7.which groups/individuals had opposing views on the issues in this case? What were these views? The federal government (Howard) made an amendment to the 1918 electoral act that had stated that all prisoners were denied to vote, not just prisoners who were serving a 3 year term or less. Q8. What was the outcome of the case? Who was successful? What did the judges decide? The outcome of this case was that Australians had been given the constitutional protection to vote because of the provision for representative government in the constitution. The amendment to the electoral role was invalid. Therefore, the amendment stating that all prisoners were denied from voting had been refuted. Despite this, the act which had stated that prisoners who were serving 3 years or less was still valid. So Roach, who had been serving a six year term, was still denied from
Florence V. Court Detention Center Case Summary
1328 Words | 6 PagesThe day after being admitted to the jail, however, the charges against him were dropped, and he was
Legal Studies: The Court Case Of Vickie Lee Roach
1020 Words | 5 PagesSam Richards Legal Studies: Vicki Lee Roach On December the 14th, 2002, Vickie Lee Roach, in a failed attempt to evade police after a robbery gone wrong, smashed into a young mans car, inflicting grievous burns to over 45 percent of his body. She was sentenced to 6 years prison with a non-parole period of 4 years. In 2006, the Coalition, under the hard line right wing John Howard, passed the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act that made it impossible for any prisoner to vote during their period of incarceration. Prior to this, prisoners voting rights were protected under the the Commonwealth Electoral Act 1918 (amended 1983). The Electoral act of 1918 made it possible for any prisoner serving under
Sauve V Canada Case Study
434 Words | 2 PagesHe challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote.
Stromberg V. California Case Study
848 Words | 4 PagesIn the majority decision, Chief Justice Hughes noted that even the state court recognized that this clause was ambiguous and could be used against patriotic people of one political party engaged in peaceful, legal opposition to a government controlled by another political party. That, however, would impinge upon political debate: The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic is a fundamental principle of our constitutional system. A statute which upon its face, and as authoritatively construed, is so vague and indefinite as to permit the punishment of the fair use of this opportunity is repugnant to the guaranty of liberty contained in the Fourteenth
Case Study: Hamdi V. Rumsfeld
266 Words | 2 PagesHamdi v. Rumsfeld, affirmed the authority of government to take enemy troopers, but ruled that are held in custody and are U.S citizens, they must have the right of an unsettled process such as the right to challenge their enemy solider status before an un biased authority. Bumediene v. Bush, Enemy combatant detainees at Guantanamo Bay were entitled to the 5th amendment’s protection of due process. Congress lacked the power to get rid of the federal courts of jurisdiction to entertain habeas petitions from non-citizens held at Guantanamo Bay. Hamdan v. Rumsfeld, Detainees had the right to appeal their detentions in a federal court, which was invalidated military commissions.
Felony Disenfranchisement Is Wrong
955 Words | 4 PagesFelony voting: Unjust or rightful justice As of 2008 over 5.3 million Americans were denied the right to vote due to felony disenfranchisement laws. The United states is among the most punitive nations in the world when it comes to denying the right to vote and this has consequently caused voting rights to be a controversial issue for years now. Disenfranchisement can be linked back to centuries ago, in western countries, felony disenfranchisement can be traced back to ancient greek and roman traditions and was commonly used as a part of the punishment that was put on those convicted of “infamous” crimes and was a part of their civil deaths. Although, many people like myself believe that the limits that are being put on felons
Prison Releasee Reoffender Act (PRA)
972 Words | 4 PagesThe court rejected that allegation and said that the test for determining whether or not the law violates substantive due process involves when “it bears a reasonable relationship to a permissive legislative objective and is not discriminatory, arbitrary, or oppressive.” Consequently, the court supports that the Act was created in order to avoid further Acts of crime enacted by reoffenders by making sure that they will receive and serve the maximum and the entire sentence under the law. Therefore, the court concluded that the argument fails due to the responsibilities of the trial courts to just adjudge a minimum mandatory
Summary Of Gideon's Trumpet By Anthony Lewis
819 Words | 4 PagesThe structure of the book has placed it at the top of the reading list for aspiring law students. It effectively maps out the Supreme Court’s ruling history and also the crucial turning point of progressing American civil liberties. Robert F. Kennedy commented on Gideon’s perseverance stating, “If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of
The Prison Reform Movement
940 Words | 4 PagesThomas Osborne became the chairman in order for this reform to be pushed further. Enoch Wines and Theodore Dwight produced a monumental report describing all the flaws that were in the existing system. Eastern State Penitentiary was a prison
Key Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics
644 Words | 3 PagesWainwright 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.
Voting Rights Act Essay
974 Words | 4 PagesAlthough Chief Justice Robert viewed these facts as proof that the Voting Rights Act was no longer needed, this in fact showed the importance and effectiveness of the Act, without which, none of these improvements in enfranchisement could possibly happened. When section 4 and 5 are taken away, the situation will be exactly the same as the years 1870-1964, when African-Americans in many southern states lived under the shadow of the Ku Klux Klan, and was beaten by police at Selma during Bloody Sunday. The past is the best reference of the future. Although people may argue that this country had made great stride regarding the problem of discrimination, without a strong and effective law as Section 4 and 5, there is no guarantee that theses violent events will not happen again. Therefore, although the Congress did not use recent data to support the law, the history of discrimination in parts of the United States can also be used to justify needs of today.
Case Study: Vickie Lee Roach
888 Words | 4 PagesHow was the right(s) infringed? Vickie Lee Roach was a prisoner whose ability to vote had been taken away by Commonwealth legislation. She argued that the legislation breached her constitutional rights and argued her case in the High Court. Roach’s disqualification from voting violated both the Australian Constitution’s requirement that parliament be “directly chosen by the people”
Gratwick V. Johnson Case Analysis
1665 Words | 7 PagesIn 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
Angela Davis Meaning Of Freedom Analysis
607 Words | 3 PagesIn regards to the more contemporary system of incarceration, Robin D.G. Kelley, in the foreword of Davis’ The Meaning of Freedom, refers to Davis’ employment of “negative” liberty (Davis 7). Here, as seen when he states, “This ‘negative’ liberty or freedom places a premium on the right to own property, to accumulate wealth…” Davis and Kelley distinguish that the collective freedoms of “life, liberty, and the pursuit of happiness,” are not guaranteed by the Declaration of Independence or the Constitution but instead are merely protected from the government’s abridgement” (Davis
Advantages And Disadvantages Of The Bail Act 1976
1737 Words | 7 PagesThis essay will evaluate the components of the Bail Act 1976 and assess the prospects for Mr Rawlins being granted bail. This is a bail application that is subject to factors that are either supportive of bail or not supportive of bail. The Bail Act 1976 gives a general right to bail, regardless of how serious the offense. In the BA Act 1976, if the defendant does not surrender to the authority they are naturally guilty of an offense.
More about Roach 2006 Irac Case Study
Florence V. Court Detention Center Case Summary
1328 Words | 6 PagesLegal Studies: The Court Case Of Vickie Lee Roach
1020 Words | 5 PagesSauve V Canada Case Study
434 Words | 2 PagesStromberg V. California Case Study
848 Words | 4 PagesCase Study: Hamdi V. Rumsfeld
266 Words | 2 PagesFelony Disenfranchisement Is Wrong
955 Words | 4 PagesPrison Releasee Reoffender Act (PRA)
972 Words | 4 PagesSummary Of Gideon's Trumpet By Anthony Lewis
819 Words | 4 PagesThe Prison Reform Movement
940 Words | 4 PagesKey Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics
644 Words | 3 PagesVoting Rights Act Essay
974 Words | 4 PagesCase Study: Vickie Lee Roach
888 Words | 4 PagesGratwick V. Johnson Case Analysis
1665 Words | 7 PagesAngela Davis Meaning Of Freedom Analysis
607 Words | 3 PagesAdvantages And Disadvantages Of The Bail Act 1976
1737 Words | 7 Pages