...persons born or naturalized in the United States, and subject to the jurisdiction thereof” meaning that all people are under subjection of due process. Due process is the legal requirement, by state and federal government, to acknowledge the legal rights that a person owns. Since November 10, 2001, due process has changed in the United States wherein enemy combatants do not receive the right to due process anymore. Although America has moved far along since the new due process acts, Bush and Obama have been under constant fire for “obstruction of civil rights”. In the 1963 Supreme Court case of Gideon v. Wainwright, Clarence Earl Gideon was charged with breaking and entering with intent for petty larceny. The offense had occurred between midnight and 8:00AM when a person had broken a door, smashed cigarette machines, and stolen money out of the cash register. Based upon the single accusation of Gideon leaving the store with a bottle of wine and cash at 5:30PM, he was...
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...Gideon v. Wainwright (1963) In Gideon v. Wainwright, Clarence Earl Gideon was convicted of breaking and entering into a pool hall, and he was also charged of stealing money and alcohol. At his trial, Gideon did not have the sufficient funds to get an attorney, so he asked the judge if he could be appointed an attorney. Gideon’s request was denied by the judge because according to the Florida law, the only time a attorney could be appointed to someone was for poor defendants who were charged with capital offenses. This is the point where the constitutional issue began. Gideon fended for himself as best as he could but failed and was sent to prison. While serving his time, Gideon insisted that he should have been appointed an attorney, so he did research based on the prison library. After he was well informed he petitioned the Supreme Court arguing that he should have been appointed an attorney but his request was denied. And that was his constitutional issue, people should be appointed an attorney if they cannot afford one even if they are not being charged with a capital offense and he claimed...
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...Gideon was given a trial in front of a jury and he represented himself, he was eventually convicted of stealing a small amount of money and other items from a bar in Florida. He appealed his sentence of five years and tried to appeal to the Supreme Court of the United States where he argued the 14th Amendment causes the 6th Amendment to be applicable in State courts. He was eventually awarded another trial when he hired a real attorney who was able to discredit eyewitness testimonies and he got Gideon off with just a slap on the wrist. The suit that Gideon filed against Wainwright overturned Betts v. Brady, which now allowed the 6th Amendment to be used in state cases too and not just federal. Gideon v. Wainwright, also pushed the right to an attorney to all felony cases. Gideon v. Wainwright caused a tighter enforcement of the rights citizens hold, this case allowed an attorney to be provided for all cases and just specific cases. All State courts are required to have a public defender who was trained in all aspect of the legal system, he has to be a good lawyer. The defendants also are required to have access to the defense counsel, even if they can not afford one they have to be provided with one, all...
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...Gideon’s Trumpet, by: Anthony Lewis Clarence Earl Gideon was born on August 30, 1910 in Missouri. Gideon lost his father when he was three years old. His home life was non existent as he ran away from home when he finished eighth grade and started living his life as a homeless drifter. By the time that Gideon reached the age of sixteen he had an extensive list of petty crimes. At age eighteen he was arrested in Missouri and convicted of robbery, larceny and burglary. Gideon was sentenced to ten years in prison but was released in 1932 after serving three years. Gideon would spend most of the next thirty years in poverty and in and out of prison. Throughout this time he was married four times, the first three marriages ended very quickly but the last marriage in the 1950’s would last longer. Gideon and his wife settled in Panama City, Florida after having three children who would later be taken away by welfare authorities. Gideon found work as an electrician but gambled to subsidize his low income. Gideon would not go back to jail again until 1961. On June 3, 1961 four fifths of wine, twelve bottles of Coca Cola, twelve cans of beer, about five dollars from the cigarette machine and sixty dollars from the juke box were stolen from Bay Harbor Poolroom which belonged to Ira Strickland Jr. A twenty-two year old resident that lived close by, Henry Cook, told the police that he saw Gideon get into a cab after walking out of the pool hall with a bottle of wine and pockets...
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...Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona (1966), Gideon v Wainwright (1963), and Mapp v Ohio (1961). These four cases establish the foundation for the application of the principle referred to as the ‘exclusionary rule’ and the major basis for Warren Court critics. The Warren Court established the doctrine of...
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...Gideon v. Wainwright | By Caroline Repke | Newsletter Date Volume 1, Issue 1 | Yakey, Randal. "Panama City Case Changed Legal History 50 Years Ago." News Herald [Panama City] 17 Mar. 2013: n. pag. Student Research Center. Web. 11 Mar. 2014. Yakey, Randal. "Panama City Case Changed Legal History 50 Years Ago." News Herald [Panama City] 17 Mar. 2013: n. pag. Student Research Center. Web. 11 Mar. 2014. America at this time: America at this time: | | | On June 3rd, 1961, Clarence Earl Gideon broke into the Bay Harbor Pool Room on Everitt Avenue in Panama City, Florida. A witness said that Gideon had been stealing money from the vending machines, and police later found him with more than $25 in change in his pockets. Gideon was arrested for vagrancy and was charged for breaking and entering. During his first trial, Gideon asked the judge to appoint him a defense attorney, as he was unable to afford one. The judge refused though, stating that he could only provide Gideon with an attorney if he had been charged with a capital offense. Gideon argued that he was entitled to an attorney because of what the Sixth Amendment states. Nonetheless, Gideon was put on trial and was sentenced to five years in prison on August 4th, 1961. While in prison, Gideon wrote a writ of habeas corpus, which was a letter demanding that he be brought before the court once more in order to determine if he had been held legally or should be released. Gideon first sent this to the Florida...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...District Progress Monitoring Exam. The words in italics are suggested related concepts for your study. Fall 2013 DPM: End of Sem – AP Govt Blueprint of TEKS (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected...
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...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...
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...recommended format for presenting the process. •A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law While many citizens think the real action in the criminal courts happens during trials, they are wrong in that assessment. Ninety percent of criminal cases are disposed of by guilty pleas rather than trials. Most of those guilty pleas are the result of agreements between prosecutors and defense attorneys. Plea bargaining is a process in which a prosecutor makes a concession to a defendant (for example, reducing charges or recommending a lighter sentence) in exchange for the defendant's pleading guilty. Even cases that go to trial are sometimes decided before the trial begins. Some experts think that the O.J. Simpson case, for example, was won outside the courtroom through early forensic work by experts and through a legal strategy that forced the prosecution to present its evidence at a preliminary hearing rather than a grand jury proceeding. In the landmark case Gideon v. Wainwright (1963), the U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. Gideon was entitled to a retrial because Florida failed to provide him with an attorney. After this decision, states were...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Northwestern University is collaborating with JSTOR to digitize, preserve and extend access to The Journal of Criminal Law, Criminology, and Police Science. http://www.jstor.org This content downloaded on Thu, 31 Jan 2013 08:39:08 AM All use subject to JSTOR Terms and Conditions THB JOURN« OFCRIMINGLAW, CBIMINOLOGY POLZZSCIXNCE AND Copyright 1 1969by Northwestern University School of Law Vol. 60, No. 3Prsnted in U.S.A. CRIMINAI COMMENTS CASE IAW AND NOTES Prepared studentsof Northwestern by UniversitySchoolof Law underthe directionof the student members the Law School'sJournalEditorialBoard. of JULIAN ESPOSITO D STEPREN SELIGER G. Editors-in-Chief ROBERT GRE-ENWALD RICHARD VOGELMAN P. Associate Editors JOEL BASSETT E. DAVID BENNETT E. WILLIA1W O. HOCHEAMMER, JR. JOEL MEYER B. JOSEPH SANDERS Board of Editors THE CAPITAL PlZISHMi;NI CONTROVERSY WILLIAMO. HOCH1ZAMMER, JR. Someabolitionists bellevethat the deathpenalty increasesthe level of seriouscrimebecausethose who have alreadycommitteda capital crimewill rHE DETERRENCE...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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...Ailes: president of Fox News Channel Doug Aitken: multimedia artist Muhammad Ali: professional heavyweight boxer, three-time World Heavyweight Champion John Allman: neuroscientist, expert on human cognition Gloria Allred: civil rights attorney Brad Anderson: former CEO of Best Buy Chris Anderson: curator of TED conferences Philip Anschutz: entrepreneur, cofounder of Major League Soccer, investor in multiple professional sports teams David Ansen: former senior entertainment editor at Newsweek Rose Apodaca: pop culture, fashion, and style journalist Bernard Arnault: chairman and CEO of LVMH Rebecca Ascher-Walsh: journalist, author Isaac Asimov: science fiction author Reza Aslan: scholar of religious studies, author Tony Attwood:psychologist, author of books on Asperger’s syndrome Lesley Bahner: responsible for advertising and motivational research for the...
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