...free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible in a court of law (Meese, 2009). The Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches...
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...confessions that were procured after violent interrogation. The Fourteenth Amendment Due Process was violated when a confession obtained and physical torture was used to convict the defendant. Police tried to carry out the confession as evidence but was overrule because it would violate the due process of the Fourth Amendment. A teenager was arrested one charge of murder, and questioned by police, without benefit of counsel or any friend to advise him. Later he signed a confession typed by the police. This confession stated that he would admit to the evidence, and later was convicted. The methods used in obtaining this confession...
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...LEG 320 Week 1 Quiz – Strayer NEW Click on the Link Below to Purchase A+ Graded Course Material http://budapp.net/LEG-320-Week-1-Quiz-Strayer-442.htm CHAPTER 1 CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES MULTIPLE CHOICE 1. An example of private law is a. criminal law b. criminal procedure c. divorce d. Constitutional law 2. The law of criminal procedure deals with a. the law followed in the investigation and processing of a crime b. the definition of crimes c. contractual issues d. torts 3. The substantive criminal law a. defines the standards of conduct for protection of the community b. is an important branch of private law c. is no longer followed in the U.S. d. defines the steps followed in processing a criminal case 4. A person might commit a crime for any of the following reasons except? a. fear of arrest and punishment b. insufficient moral or ethical restraints c. peer pressure d. opportunity combined with capacity and skill 5. A tort is a. a public wrong against society b. a civil wrong done to a person or her property c. a crime d. always a moral wrong 6. If a person intentionally damages a building owned by another person, this action a. is a crime, but not a tort b. is a tort, but not a crime c. is neither a tort nor a crime d. is both a tort and a crime 7. The Latin maxim nulla poena sine lege means a. no law without punishment b. no punishment without a moral...
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...important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and forced their way into Mapp’s home waiving a warrant as they entered. During the police searches they came across a trunk containing explicit materials. Mapp was then arrested and charged with possession of explicit materials. The Fourth Amendment "put the courts of the United States and federal officials under limitations and forever secures the people of their persons, houses, papers and effects against all unreasonable searches and seizures. By including only United States and federal officials in its ruling, the Court still left open the question of whether evidence unlawfully seized could be used in a state criminal court proceeding. (Lisa Pahm) The case Wolf v. Colorado in 1949, due to the effect the Fourth Amendment was discussed for the first time on the states. If the Due Process Clause of the Fourteenth Amendment united is determined,...
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...Controversy regarding the death penalty has been prevalent in the United States for centuries. Those in favor of capital punishment, a term synonymous with the death penalty, argue that its practice provides a “fair” punishment for certain crimes and serves as a deterrent for heinous acts. However, there has been growing opposition in America. The death penalty, implemented in thirty-two states, should be prohibited in the United States due to the financial cost of death penalty trials and executions, the possibility that those sentenced are innocent, and the inhumanity of failed executions. The implementation of the death penalty in America dates back to the colonial era and is largely attributed to British influences. The first recorded...
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...discrimination • Yes, because the Fifth Amendment Due Process Clause contains this obligation • Yes, because it’s the right thing to do • No, because the equal protection clause only applies to the states 2. Who was primarily responsible for drafting the Bill of Rights? • Benjamin Franklin • Thomas Jefferson • James Madison(pg 312) • Thomas Paine Want to check out the complete Assignment..?? Visit HIS 301 Week 3 Quiz 3. Under most domestic search warrants what legal standard must be established before a warrant will be issued? • Probable cause • Reasonable cause • Certiorari • Reasonable suspicion 4. The right to a fair trial in federal cases stems from what constitutional source? • The Fourth Amendment Speedy Trial Clause • The Sixth Amendment Fair Trial Clause • The Fifth Amendment Just Hearing Clause • The Fifth Amendment Due Process Clause (493) Click here to download HIS 301 Week 4 Quiz 5. According to the readings, which of the following provisions has not been formally applied to the states? • Fifth Amendment right against self incrimination • First Amendment right to peaceably assemble • Eighth Amendment right against cruel and unusual punishment • Fifth Amendment right to a grand jury indictment in felony cases 6. Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment? • The right against double jeopardy...
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...Bill of Rights are rights protected against the government only. They are certain basic rights of the people. They are civil rights and civil liberties that people have to obey because of the Amendments that were introduced by James Madison which makes The Bill of Rights very important and is part of American history. The Amendments are basically clauses that initiate some kind of protection for citizens here in the United States. James Madison became one of the leaders in the movement to ratify it. James Madison also became the leader in the new House of Representatives drafting many basic laws. He is called the “Father of the Bill of Rights” by writing the constitution Bill of Rights because he claimed that he had to help out the people. The Bill of Right plays a key role in the American law and government and remains vital symbols of the freedoms and culture of the nation. It was also writing for the personal freedoms limited the government power in judicial and other and some power to the states and the public. The Bill of Rights is an essential tool used by the justice and security system and plays in the fourteenth amendment it was a role in these system. The Due Process was found in the Bill of Rights in the fourteenth amendment. The Due Process Law was actually back in the 1700’s and it included among the restrictions on power to which King John acceded in the Magna Carta. It is also said that “No free man shall be seized or imprisoned...
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...Independent Community School District of 1969, citation 393 U.S. 503 (1969), was heard by the Warren Court and the United States Court of Appeals for the Eighth Circuit. The case involved three students in Des Moines who held a meeting and decided to wear black arm bands to school in order to show support for the truce in the Vietnam War. The three students were John Tinker, Mary Beth Tinker, and Christopher Eckhardt. They met at Christopher Eckardt’s house, who was 16-years-old at the time, and made plans to wear the arm bands during the holiday season and intended to end the protest on New Year’s Day. An administrator had heard of the students plan before it happened and believed it would cause a disruption to the school. The administrator banned the arm bands that displayed support of the Vietnam War. Students were asked to remove the arm bands and if they did not, they would face suspension. In spite of the threat, the three students wore the arm bands to school anyways and refused to remove them. The students were suspended from school until the end of their protest. The parents of...
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...Unjust Justice: Juveniles Serving Life Without Parole The 14th amendment of Constitution of the United States grants every American Citizen the right of due process of the law. This right is being denied juveniles sentenced to “life without parole”. Recent Supreme Court rulings have held that “life without parole” is cruel and unjust punishment for those juveniles sentenced for non-homicidal crimes, because of limited capacity. Life without parole is essentially cruel and unjust punishment for all juveniles sentenced, regardless of crime committed. This paper will delve into the recent changes in juvenile sentencing of “life without parole” initiated by May 2010 decision of the court in Graham v. Florida and the unconstitutionally of life without parole for juveniles. It will briefly discuss the 14th amendment which involves due process and the 8th amendment which involves cruel and unjust punishment. It will argue that juveniles should not be sentenced to life without parole regardless of their particular crime. The 14th Amendment to the United States Constitution declares, ... “nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. Individuals are protected by due process when the state is required to follow the law of the land. Due process is violated when a person is harmed when the government does not follow the intent and letter of...
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...states have death penalty bans. The Death Penalty should not be a punishment for justice because it violates the eighth amendment, innocent lives are at risks of death, and we also pay millions for the death penalty just as much as we pay for the criminals to live in the prison. One day there was a man named Nicholas Stokes, he got his car stolen by a woman named Lucy Mistress who murdered her abusive ex-boyfriend. Lucy drove the car to the crime scene and unfortunately for Nicholas he didn’t notice his car was stolen because he was off of work and just so happend to sleep all day. The police got to the crime scene and ran...
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...Symbiosis Law School, Pune (Constituent Symbiosis International Deemed University) Accredited by NAAC( UGC) with grade ‘A’ Post graduate department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...Despite the concerted efforts of Patrick Henry and all of the rest of the Anti-Federalists, James Madison had succeeded in sponsoring the Bill of Rights and preventing the nation from suffering the consequences of a second constitutional convention. The first two amendments put forward by Congress fell short of ratification and were discarded. Thus, we have a Bill of Rights with 10 amendments. Over the more than 225 years since ratification, the Bill of Rights has assumed greater and greater importance. Originally the Bill of Rights was mostly intended to limit the powers of the new government, however, since then it has become fundamental in securing the rights of citizens against the state and the government. Eventually the Fourth through...
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...Due Process Paper Cynthia Casillas CJA224 February 8, 2012 Carl Heintz Due Process Paper The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved...
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...The Sixth Amendment of the Constitution states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense” (law). Although the right to counsel is found at the very end of this amendment, it is just as important as the right to a speedy and public trial, or the right to an impartial jury. In 1961, a man named Clarence Earl Gideon was arrested in the state of Florida. He requested an attorney because he could not afford one, but this request was denied by the judge. Two years later, the Supreme Court heard and decided on a case called Gideon v. Wainwright, where it was stated that the Sixth Amendment’s right to counsel was essential to a fair trial. It therefore became unconstitutional to deny counsel to a poor person facing a felony charge. Gideon v. Wainwright was a remarkable Supreme...
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...struggled to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment (Victor L. Streib, 2004). The Court looked at the relatively few states that allowed the death penalty...
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