Did you know that before 1963, under Florida Law, that you might have to defend yourself to the courts if you can’t afford a lawyer? That before 1966 the police did not have to read you your rights? Over the years, the Supreme Court has expanded and interpreted our basic individual rights into something more than what is stated in our written Constitution. Many cases like Miranda v. Arizona, Texas v. Johnson, and Gideon v. Wainwright, have showed the Supreme Court that our freedoms must be broadened and made clear. There are many cases that have been taken to Supreme Court which have strengthened our liberties. For example, in the case Miranda v. Arizona, Ernesto Miranda was arrested and the officer did not read him his rights, like the right to remain silent. As a result, he eventually produced a written and signed confession to the crime. This case expanded our 5th and 6th …show more content…
Additionally, in the Texas v. Johnson case, Joey Johnson organized a group of protesters and marched to Dallas City Hall. Upon arrival, Johnson soaked the American flag in gasoline and lit it on fire. He was then arrested under the Texas law that one is not allowed to vandalize a respected object. His case was taken to Supreme Court and it was decided that his 1st amendment right was infringed. The Supreme Court broadened our 1st amendment right by making it clear that Freedom of Speech is not limited to words, but symbolic actions are included in that right. Finally, this last case, Gideon v. Wainwright, helped strengthen our 6th amendment right. Clarence Earl Gideon broke into a Florida pool hall and stole some beverages and about $5. He was arrested and informed the officers he could not afford a lawyer.
McCreary County v. ACLU (2005) Pinson, 4 McCreary County v. ACLU Asher Pinson Liberty High School AP US Government, 2A McCreary County v. ACLU was a significant case for the Establishment Clause, freedom of religion, and the First Amendment itself. This case made its way into the Supreme Court in the later part of 2004, and a decision was reached in the middle of 2005. This case extended the power of the Establishment Clause to prohibit the public display of religious texts in government-funded buildings.
Gideon then appealed to the Supreme Court who took his case. They reached a unanimous decision that the state of Florida, by denying Gideon an attorney, had violated his Sixth Amendment right. They said “The Sixth Amendment requires states to provide defense attorneys to any indigent criminal defendant charged with a felony or
1. According to the case law of Illinois v Allen, the US supreme court held that “trial judges confronted with disruptive, contumacious, and stubbornly defiant defendant must be given sufficient discretion to meet the circumstances of each case. The court further observed that at least three constitutionally acceptable avenues exist for dealing with a defiant defendant, in the case of Ms. Roberts she was a very defiant defendant. The avenues are 1.
Even with the absence of a defendant local police and US federal agent entered Week residence without a warrant and seized evidence related to “illegal gambling which they wished to use against Weeks in a criminal gambling crime” (Ingram p.81). Before his trial, “Weeks requested the return of documents that the federal government sought to use against him, however his request was denied and he was eventually partly convicted based on evidence illegally taken from his residence” (Ingram p. 81). However, during his appeal before the United States Supreme Court Weeks argue that his Fourth Amendment rights was violated when federal agents seized the documents that was used as evidence against him in the trial court and the Court agreed and reversed Weeks
In this election year a Supreme Court position opened up following the unfortunate death of justice Antonin Scalia. President Obama, has the ability to nominate a replacement as this is one of his presidential powers. Obama nominated Merrick Garland, the chief judge of the Court of Appeals, as Antonin Scalia’s replacement. After the nomination, Merrick Garland can take the position if the senate approve of the nomination. Senate Majority Leader Mitch McConnell vowed to block a hearing that would be held to nominate the nominee.
Arizona ruling eliminated the fear of the accused from torture and coercion and notified individuals of their rights that they otherwise wouldn’t have known that they had. The ruling explicitly stated that if a person was not informed of their Fifth Amendment right, then compelling pressures could cause a person who otherwise not have spoken, to incriminate themselves (Document J). In the Fifth and Sixth Amendments, it had not specifically stated that a suspect must be informed of their rights before they are questioned. The ruling of Miranda v. Arizona finally cleared up the confusion concerning the rights of the accused and self-incrimination and required officials of the law to read out the warning known as the Miranda warning to anyone they may question. Additionally, manuals such as Fundamentals of Criminal Investigation, specified the rules to be used during interrogations to prevent coercion (Document F).
The outcome of this case made sure that every person who was arrested and put under the custody of the police had to read their Miranda rights and therefore made known of their Fifth Amendment rights. This case would change the procedure of every legal arrest from that point on, and ensure that any person under the custody of the police would be fully aware of their
In the year 2006, the Stolen Valor Act made it illegal to make medals of Honor. The case brought forth to us describes issues brought about by this act. In United States v. Fields, Abel Fields attended a meeting where he proclaimed that he had military experience, and that he earned a Purple Heart. He had made false statements, and in turn was convicted, and had to pay a $1,000 fine. Fields felt that his First Amendment rights had been violated.
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.
The 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
This landmark case affirmed that the 6th Amendment applies to all states under the 14th Amendment. Not only did the video show the importance of the amendments to the constitution, it also demonstrated the possible pitfalls of judicial review, but also its ability to ensure the personal rights provided by the constitution are not
For example, the 1964 Heart of Atlanta Motel Inc. v. United States and the 2009 Ricci v. DeStefano Supreme Court cases. In the Heart of Atlanta Motel Inc. v. United States Supreme Court case, “the owner of the motel argued that the federal government overstepped its authority and violated the 5th amendment. the Supreme Court ruled that the federal government can force businesses to abide by the Civil Rights Act of 1964 through the Interstate Commerce Clause in the Constitution” (Civil Rights Act of 1964 Explained). In addition, the 2009 Ricci v. DeStefano Supreme Court case used the Civil Rights Act of 1964 as evidence. “The case consisted of a group of firefighters, who brought suit against the city of New Haven, Connecticut for invalidating a test that would have earned them promotions.
Clarence Thomas was born on June 23, 1948, in Pin Point, Georgia. His father left his family when he was young. That, and other issues as the years passed led his family into money problems. Clarence and his brother were sent to live with their grandfather and step-grandmother. His grandfather had a major influence on his religious beliefs.
Through these two pieces of evidence we are able to see that the Constitution does favor individual rights by its limiting of the Federal Government’s power and its securing of individual
Judicial review is designed to provide individuals with a right to a hearing or a right to raise a grievance. Unfortunately, limitations of the mechanism are prevalent, and it is essential to identify these incompetencies. Significantly, 2012 saw the government propose provisions in an attempt to reform judicial review with the overall objective to reduce burdens placed on public authorities. Despite this, the policies implemented resulted in increased difficulties accessing judicial review and arguably the reforms went too far protecting public authorities, placing individuals at an unfair disadvantage.