...does not have to appoint counsel to defendants unless a person is charged with a capital offense. Petitioner protest that he had a right to counsel, but was force to put on his case and lost. Petitioner filed a habeas corpus petition to the Florida Supreme Court and challenge his conviction claiming the refusal to appoint counsel in his trial encroached on his 6th Amendment right of the U.S. Constitution. The Florida Supreme Court denied the petitioner relief citing case law from the Betts v. Brady case which held the...
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...Wainwright and I’m sure many more to come, but the one that I want to point out is Betts v. Brady, which although happened in 1942 was a case very similar to the Gideon v. Wainwright case. In the Betts v. Brady case a man was being indicted for a robbery, so when he was taken into custody he requested the assistance of an attorney but since he was not financially secure the judge said that he was not able to appoint him once being in his financial situation and was sentenced to prison for eight years. He also wrote a writ of habeas corpus stating that his 6th amendment violation had been violated, how he had an unfair trial and it was denied by the supreme court. This is how both cases were the same and how they both were having to do with the violation of the 6th...
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...tribunal. The agreement allowed the United States military court to apply jurisdiction over the accused, due to the crime being perpetrated in Britain. The agreement resulted in Mrs. Covert being convicted without partaking in a trial by jury (Wiener, 2009). Once she was placed prison back in the United States, Mrs. Covert petitioned a writ on the rights granted to her in the 5th and 6th Amendment, claiming that her conviction impeded on her constitutional rights. Issues: With Mrs. Covert being found guilty, this case raised some very significant issue. The first issue in regards to this case is rather individuals lose the right awarded by the Constitution, when he or she resides in another nation (Legal Information Institute, 2015). Secondly, executive agreements between...
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...Criminal Law Foundations Evaluations Kelly Meier CJA 484 06/01/2014 Keith Carr The Constitutional safeguards provided by the 4th, 5th and 6th Amendments to the United States Constitution describe the means to the principle of due process. These laws are set into place to ensure a safer living environment for all citizens. This paper will focus on these rights and the safeguards with in a juvenile setting as well as adult setting on a day to day basis. The 4th Amendment was put into place to prohibit unreasonable search and seizures of ones property without reasonable cause and without a warrant. Over time the Supreme Court has allowed some changes to this Amendment such as; allowing the police to search a person that has been arrested, the officer sees something in plain sight and search property where the officer feels that there may be danger to their self or the suspect. When it comes to juveniles there are restrictions on this amendment. Only juveniles under age 18 that have been accused of criminal conduct are granted the 4th amendment rights. If the juvenile is being accused of non-criminal behavior the constitution has not been defined (Kenneth T. Hanley, Fourth Amendment Protection for the Juvenile Offender: State, Fordham L. Rev. 1140, 1981). The 5th Amendment states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval...
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...First 10 Amendments to the Constitution • . 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The 6th Amendment guarantees...
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...Both were heard by a biased jury. While these types of injustices were common in a segregated southern courtroom during the 1930’s and 1940’s, in a modern day court, defenders of the 6th Amendment would ensure the right to a proper, speedy and public trial that included an impartial jury. The 6th Amendment protects the defendant, who may be innocent from sitting in a jail for an extended period of time while waiting for his or her trial. The 6th Amendment also ensures that the trial have an impartial jury (Amendment 6). It is a fact that both the Robinson and Stinney trails were speedy, but the 6th Amendment right to a speedy trial does not mean that the trial should be over in one day, like both the Robinson and Stinney trials were. Both Tom Robinson’s and George Stinney’s trials were heard by an all-white jury, one that had already determined both defendants guilty based on their...
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...There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits. Similarities The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2009, p. 4). The mechanics of the criminal justice system utilizes components from each model that are dependent on one’s own likings in regards to the criminal law procedure (Packer, 1968). Although these two models differ in principle, the commonality between them is the same. For example, both models consider the sanction of criminal behavior and recognizing a criminal are dissimilar procedures, when and if probable cause is found the criminal process may be put into effect and the judiciary system has an restricted authority of inquiry and arrest. They also form the basis for the function of the adversarial system, due process, and the defendant’s right to their day in courts (Zalman, 2009). ...
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...Bill of Rights Unit 1 Lonzo Davis AIU Online Bill of Rights Unit 1 Lonzo Davis AIU Online The main overview of the bill of rights pertaining to criminal defendants in the 4th-6th and 8th Amendments is discussing what rights Americans can claim if they are accused of crimes. The 4th Amendment is the search and seizure. That is to stop the government from making general search and seizures of property. The 5th Amendment forbids double jeopardy, which is the act of bringing a person to trial a second time for the same crime (http://www.ushistory.org/gov/10c.asp). It also prevents a person of being convicted or accused of a serious crime without a grand jury investigation. The 6th Amendment also known as the right to counsel is the guarantee that a person accused of a crime have the right to a defense lawyer. The last one is the 8th Amendment which is cruel and unusual punishment. This Amendment prevents someone of suffering cruel and unusual punishment rather it’s a certain type of death penalty or a harsher sentence/punishment than the crime the person committed (http://www.ushistory.org/gov/10c.asp). One example of how the 8th Amendment affected procedures in the courts is, in 1972. Up until then the courts did not challenge the death penalty. In 1972 the case of Furman v. Georgia; the Supreme Court stated that capital punishment was not cruel and unusual punishment, but it has to be carried out in a fair and consistent manner (http://www.ushistory.org/gov/10c.asp)...
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...Amendment 6; right to trial by impartial jury is traced back to the Magna Carta in 1215. The right was ratified in 1791. It is part three of the 6th amendment. Documents such as The U.S. Bill of Rights and Magna Carta mention it. The right to an impartial jury as writing in the 6th amendment protects our freedoms by giving us the chance to have a fair...
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...Kaplan University PA260 Criminal Law Professor M. Chiacchia September 24, 2013 The Sixth Amendment of the constitution of the United States and is a portion of the Bill of Rights and concerns the rights that the prosecution enjoys in case of criminal trials and Harr states “it is there to achieve fair criminal prosecution” Harr, 2002, p.320). There are various rights that are allotted to the prosecution under this Amendment and there are certain limitations associated with the level at which these rights can be enjoyed. Under the Sixth Amendment a defendant who has been charged with criminal activity has a right to a speedy trial. Under the Sixth Amendment if a defendant’s right to a speedy trial is violated, the end result is that the case is either dismissed or the overturning of the conviction takes place as a remedy. The 6th Amendment even states that if a case have been heavily publicized and there are chances that his/her right to due process will be violated, public and media access to the case can be limited and the defendant can even request for such a trial (Harr, 2002, p.320). But it is necessary for the defendant to prove that violation of his/her right to a trial that is fair in nature is arising and they even have the burden to prove that alternatives to closed trials cannot be used. The 6th Amendment even protects the defendant’s right of a jury trial under which a defendant has a right to jury trial if the crime committed can result in more than six months...
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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 people...
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...First Amendment Research Paper: Freedom of Speech During the time the Constitution was being written, freedom of speech was mainly focused on political speech. People wanted the opportunity to express their ideas and opinions about the government without being reprimanded or unheard. People feared that if the government was able to censor unfavorable viewpoints, they would eventually form a politically powerful population and oppress those who did not share the same mindset. Along with concerns about political speech, freedom of religious speech was a common desire. Previous incidents in English and Colonial history had occurred where certain religious views were prohibited and the people wanted to make sure that they were safe from the government’s restrictions. During his speech to the First Congress on June 8, 1789, James Madison proposed the Freedom of Speech idea to congress. He included several amendments that specifically addressed the concerns of Anti-Federalists that certain rights were not strongly protected by the Constitution. Madison said in his speech, “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments.” Congress agreed with this idea and it became part of the first amendment. Madison continued with, “No state shall violate the equal rights of conscience, or of the press.” Congress did not like this and thought that only the federal government should be prohibited from restricting certain rights,...
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...Burden of proof: described as a fact that is legal established in order to get a party's point across 1) Discuss the differences in burden of proof under criminal and civil law. Criminal law: The Burden of Production: The burden of proving the defendant's guilt is up to the prosecution, and they must establish the fact beyond a reasonable doubt. A prosecution is the attorney charging against the person committing the crime. Reasonable doubt is making sure that the prosecutor has no lack of evidence for the jurors. Civil law: Burden of Persuasion: The plaintiff has the burden of proving his case by a preponderance of evidence which is only needing 50% proof that the defendant is guilty. When a case is lawful, all evidence must be presented...
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...In this first I & A assignment I will look into a New Mexico teenager’s crime and his ability to receive a fair and impartial trial. An Albuquerque, New Mexico teen is accused of the shooting deaths of his father, mother, brother, and 2 sisters’. The facts lead many to believe that these killings were cold blooded and preplanned. The question is if this teenager will be able to receive a fair trial by jury from the public in such a high profile case. The case of the Albuquerque, NM teenager that is accused of killing his father, mother and 3 younger siblings is a complex case which will draw a large amount of emotion when the case goes to trial. The teenager is likely to not get a fair trial in the Albuquerque metro area as well as the State of New Mexico. A few factors come into play when you look at the allegations facing this young man. From the KRQE news article the Father seemed to be some what of an important member of the community. I drew this conclusion due to the fact that he was killed after returning home from work at the rescue mission. Rescue Missions mainly rely on community involvement and support to operate. This means lots of connections within the community. That fact also is that a Rescue Mission’s one goal is to help others. The father didn’t work as a bill collector or telemarketer, which will draw sympathy from the general public. In fact in another news article the father is noted as being a well-known Chaplain in the community. Another damaging fact...
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...The Criminal Justice Process Edith Lewis Criminal Law & Procedure (BLJ1442A) Agustin Pena November 15, 2014 The Criminal Justice Process Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made. Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated. The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for...
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