Mello, highlighted on one particular case that led to his decision to no longer work directly in the American System of capital punishment, the case of “Crazy Joe” Spaziano. “Mr. Spaziano was the co-founder of the Outlaws Motorcycle Brotherhood group for the Orlando chapter. In addition to be wrongly convicted of a crime he did not commit and serving twenty years on death row, he was almost executed. Mello invested thirteen long years, totaling twenty six judges just to prove Mr. Spazinao’s innocence.
Was giving Brock Turner a six-month jail term a right thing to do? This question lingered in many people’s mind after The Stanford University rape case became a high-profile case. The case caused a national upheaval after the judge decided to give Brock Turner, the former Stanford University swimmer a 6-month jail sentence after sexually assaulting an unconscious woman. In addition, Turner was released after serving only three months in jail despite being found guilty. Turner was charged with the assault of “Emily Doe” while she was unconscious.
His sentence is changed from manslaughter and he has now been sentenced to 18-20 years in prison for manslaughter, followed by four to five years in prison for illegal possession of a firearm. (Ryan, 2013) During a trial, the evidence is again presented to a court of law or a jury. Being sentenced to Capital Punishment is very unlikely to happen for Burke, as the state of Massachusetts has abolished Capital Punishment and only uses it in very severe cases where the suspect is tried federally (McCarthy, 2014) instead of regionally, like the Boston Bomber Case. Burke most likely got this sentence, because he pleaded guilty, possibly after enough evidence was gathered to prove his guilt and thereby “has taken responsibility for shooting the victim, resulting in his death, over what appears to have been a dispute about money” (Boston.com, 2013) Burke is most likely to receive this sentence, because it is exactly the crime he committed. He committed manslaughter which was proven by the messages on the phone and apparently other evidence that has been found.
-He was convicted of violating a law that justified the separation of races on trains. 2. Procedural history: -In the district court, Plessy was charged for violating the law but countered that this decision was unconstitutional. -The district court then filled a demurrer stating that unless “enjoined by a writ of prohibition” (p. 1), Plessy would still have to plead guilty for his actions. -The district court also responded that a writ of prohibition was not to be issued in its court and gave it to the state’s Supreme Court.
On the day of sentencing, Judge John Caverly returned to court with his findings. The judge sentenced both defendants to life in prison for the murder and another 99 years for the kidnapping. Darrow had achieved his goal. Alan M. Dershowitz has written that the Leopold and Loeb case might be the case that Darrow himself might have liked to be remembered for. He points out that not only did Darrow save the lives of two young thrill killers, but he proved that there was redemption and rehabilitation.
The purpose of this case study is to analyze Reginald Tone's behaviors and early life in order to attempt to provide some reasoning behind the crimes he committed. Reginald Tone was arrested in 2008 and charged and convicted of three murders and ten assaults that were both sexual and violent in nature. These crimes will be analyzed in context of Tone's childhood and adolescence, drawing on both his actions and the environment in which he was raised. Some key factors of Tone'e early life will be discussed and used to apply pertinent psychological theories and prospectives to try to explain why Tone committed the crimes that he did. Case Summary When Reginald was arrested in 2008 for his crimes, he denied the rape allegations, describing the sexual assault as consensual sex.
Juveniles should not be imprisoned for life without the possibility of parole! In the Frontline documentary “When Kids Get Life” we are introduced to 5 cases in Colorado where teenage boys had been sentenced to life in prison without the possibility of parole. Over 2,200 juveniles have been convicted of crimes and sentenced to life without parole in the 46 states of which have judicial waiver laws. Nathan Ybanez, Trevor Jones, Jacob Ind, Erik Jensen and Andrew Medina are the teenagers profiled in the documentary. The documentary shows five cases that dealt with felony murder.
Elena Kagan thought to believe that juveniles and their cases should be going to court with the consideration of age, immaturity, impetuosity, and behavioral circumstances. Approximately 2,500 juveniles have been charged with life in prison without the possibility of parole as adults before the Supreme Court ruling in 2012. Erik Jensen was tried and convicted as an adult when he and his friend, Nathan Ybanez, murdered Nathan’s mother. Around fourteen years of age both Nathan and Erik were charged with the murder of Nathan’s mom. Nathan was becoming a regular at Erik’s house when they astride to notice something was wrong with his household.
Alex King killed his father at the age of 13, he got only 7 years in prison. Once he was out, he got into a car accident and ran from authority going back into the system. This is just one incident, now moving onto Nathaniel Abraham, who killed a 17 year old when he was just 11 years old got only 10 years in a juvenile facility. Abraham was not tried as an adult, got out was charged with not only drug possession, but also charged for assaulting 2 guards facing more time in prison. Therefore, not trying juveniles as adults will or possibly can lead them to committing other minor or major crimes.
Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes.”The Petitioner within the case was Clarence Earl Gideon.
The state crime laboratory reported that, using the FBI DNA database, it had linked a hair to Gregory Allen, a convicted felon who bore a striking resemblance to Avery. Allen was then serving a 60-year prison term for a sexual assault in Green Bay that occurred after the attack on Beernsten. On September 11, 2003, a request brought by the Manitowoc District Attorney’s Office and the Wisconsin Innocence Project to dismiss the charges was granted and Avery was released. In 2005, with support from Beernsten and Avery, the Wisconsin Department of Justice implemented a model eyewitness identification procedure. Unfortunately for Avery, that wasn’t going to be his only bad encounter with justice.
The case of R. V. Askov began in November 1983 when Askov, Hussey, Melo and Gugliotta, were charged with conspiracy to commit extortion against Peter Belmont. On top of Extortion they had multiple existing firearm charges to which they severed 6 months in prison for these offences, and were initially denied bail until May 7th, 1984. After being released, their preliminary hearing for the extortion charge was set in early July 1984. The hearing wasn’t completed until September 1984. The actual trial was then set for the first date available, in October 1985, but in turn got delayed until September 1986 2 years later.
The 2011 federal district court opinion from the Middle District of Pennsylvania addressed a general public misconception regarding the Rule of Evidence 701. Indeed, Eric Lyons attempted to use his x-ray results and his physical symptoms against the defendants even though he lacked the expertise to prove that his broken rib injury resulted from his fight against Anthony Boyking. Furthermore, Lyons also believed that his contender benefited of the defendants’ involvement to defeat him. Certainly, Eric Lyons may have been accurate about his rights under the Eight Amendment, however, the law could not take into consideration his testimony due to the fact that his deposition would not qualify as a subject matter expert in the medical field. Thus, the pretrial order the defendants pursued to prevent the plaintiff 's personal contribution regarding his physical symptoms is legit regardless the truthfulness of Eric Lyons’s statement.
The rifle subsequently was linked to Muhammad and it was a key piece of evidence used in Federal Court along with other pieces of evidence that were gathered during the investigation. John Allen Muhammad and Lee Boyd Malvo were charged, tried and convicted for the shootings. Muhammad receives a death sentence and was executed on November 10, 2009. Malvo receives life in prison without
Andersons cases was not the only case were a person was convicted of a crime and was later exonerated, when the DNA evidence came to light. According to Clare, 2012, Cornelius Dupree was in prison for 30 years in Texas, for a rape he did not commit, but one witness identified him as the criminal. Derrick Williams spent 18 years of his life behind bars for a rape charge and was later exonerated due to DNA. Johnny Pinchback was released from a Texas prison after 27 years behind bars. He was proven not guilty by the DNA evidence that proved the witness had misidentified him as the perpetrator.