...International Law: Valdez v. State of Oklahoma and the Application of International Law in Oklahoma1 I. Introduction “This court has before it a unique and serious matter involving novel legal issues and international law.”2 The Oklahoma Court of Criminal Appeals chose these words to describe Valdez v. State of Oklahoma,3 a case in which a Mexican national argued for postconviction relief from the death penalty on the basis of Article 36 of the Vienna Convention on Consular Relations (VCCR),4 to which the United States is a party. Significantly, Valdez made the Oklahoma Court of Criminal Appeals one of the first state courts to address Article 36 since the International Court of Justice (ICJ) decided Germany v. United States of America (LaGrand),5 in which the ICJ interpreted the controversial provision. Briefly stated, Article 36 grants foreign nationals the right to contact their consulate if they are arrested or detained in a foreign country.6 Such notification allows the consulate to provide legal assistance to the foreign national, who may speak another language or be unfamiliar with the foreign nation's legal system. As might be expected, local authorities sometimes fail to comply with Article 36. In the United States, such failures have prompted foreign nationals to file appeals based on what they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to...
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...THE STRUCTURE OF THE AMERICAN JUDICIARY I. Intro --Court organization CAN become the focus of political battles. --e.g. There are 12 circuit courts (federal courts of appeals). The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved: The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy? -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental...
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...6th Circuit The Fight for Same Sex Marriage in the 6th Circuit In the United States there is a current appeal occurring within the 6th circuit for the fight for same sex marriage/Gay marriage rights. The 6th Circuit issued the first ruling in favor of upholding laws that discriminated against same sex couple’s from a federal appellate court in the past several years (The Freedom to Marry, 2015). With all of the talk of marriage litigation and 60 rulings in favor of same sex marriage, it would seem that the country is ready for the freedom to marry for all. Quite a lot of people feel that everyone should be able to get married, and have the same rights as same sex couples despite loving someone of the same sex. In April 2015, the question of whether same-sex couples nationwide should have the right to marry will finally get to be heard in court before the U.S Supreme Court. For Years, people have one the freedom to marry from the courts of public opinion, to ballot boxes, to even the U.S Supreme Court (The Freedom to Marry, 2015). The argument of Marriage Equality raises the concern that denying marriage to same sex couples is unconstitutional and unfair which violates the American Values of freedom, liberty and respect. This argument has won over many voters, opinion leaders and courts all across the United States (The Freedom to Marry, 2015). The 6th Circuit is the first federal appellate court this year to rule against the freedom to marry. There have been several victories...
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...Title: Thompson V. Oklahoma Citation: 487 US 815 (1988) Argued: (Nov 9, 1987) Decided: (Jun 29, 1988) Facts of the Case: On the night of January 23, William Wayne Thompson brutally murdered his brother in law Charles Keene with the help of his three other companions. During the time of murdered Thompson was only fifteen years old while his friends were older than him. He was tried as an adult and later him and his friends were found guilty and sentenced to death. Thompson’s lawyer didn’t agree with the decision of the lower court and take it to the Oklahoma Appeals Court but they also confirmed the lower court decision. Then Thompson’s lawyer went to the Supreme court and said that giving a capital punishment to a minor child is a violation...
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...The Death Penalty in Oklahoma Many people are for the death penalty in Oklahoma, while very few are against it. I have never been a supporter of the death penalty. In my opinion, it is inhumane and against the convicted criminals Eighth Amendment right of the government forcing cruel and unusual punishment. The death penalty is meant to be a deterrent to keep people from committing criminal behavior. As you will see with the unusually high number of death row inmates in Oklahoma this is not true. Have our criminals become Guinea pigs for our Justice System to try different methods of execution? Our botched police investigations, and fight for political power have left many questions raised for the number of executed inmates in Oklahoma. We fail to realize all too often that these criminals have rights also. Criminals have a right to a fair trial and a right for the government not to force cruel and unusual punishment on them. The original death penalty law in Oklahoma called for executions to be carried out by electrocution. In 1972, the Supreme Court struck down all existing death penalty statutes. In Furman v. Georgia, the Court ruled that the death penalty as administered was cruel and unusual punishment. Oklahoma rewrote their death penalty statutes to remedy the Supreme Courts concern. The Oklahoma Legislature implemented the current death penalty law in 1977. The method to carry out the execution is by lethal injection. The last execution to be carried out by electrocution...
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...writ of error to review arguing that the Fourteenth Amendment is void in this case’s ruling by the Virginia Supreme Court. II. FACTS: Carrie Buck was one of three illegitimate children born by Emma Buck, who was deemed feeble-minded- mentally deficient. At the age of 17, Carrie became pregnant under the care of her foster parents. Consequently, Carrie was committed to the Virginia State Colony for Epileptics and Feeble-Minded- the same institution as her mother. Carrie was the daughter of a feeble-minded mother, mother of a feeble-minded daughter, and was herself a feeble-minded person. The Virginia Sterilization Act of 1924 approved for the sterilization of Carrie Buck (selected because of hereditary reasons) in order to promote the general welfare of the public and it protects the patient of the institution from possible abuse. Carrie challenged the Act of forced sterilization on the grounds that salpingectomy violates her right of bodily integrity vis-a-vis the Fourteenth Amendment....
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...(Benchmark Assessment August 5, 2014 Nancy Hooper Discovering the Relationship Between the Law and Your School (Benchmark Assessment) For this Benchmark I had to research the law and how it is applied to special education issues that were covered in this class.. I looked at my state departments of educations website to view the laws of my state of Oklahoma and Texas and Arkansas to see how they cover special education issues. I had also had to interview a lawyer who is well-versed in school law. I interviewed Ms. Andrea Kunkel, she was a wealth of information. She is well-versed in Special Education law, she was an attorney at Rosenstein, Fist and Ringold, where she represented Oklahoma Public Schools. She handled many Due Process Cases, she advised school staff on their legal responsibilities under the Section 504, Title II of the ADA and IDEA. She also was the legal advisor of the Oklahoma Directors of Special Services and is now the staff attorney of CCOSA (Cooperative Council of Oklahoma School, where she is currently training school administrators on special education law and issues and is the liaison to ODSS group. The first topic we discussed was how has the legal system evolved, as it applies to special education, over the past 20 years, and how has that affected the legal framework for special education today? Ms. Kunkel said that in the 2004 Reauthorization of the IDEA, Congress Kerns Page 2 Law/Benchmark added a requirement that, when a parent...
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...Family First: Reforming the Justice System Melrose Berry American InterContinental University Abstract The justice system’s solution to dealing with offenders is incarceration. Alternatives to this, as a first response, are a better choice. Keeping families together and securing the welfare of children should be a priority. The outcomes of this new course will strengthen society and make a better life for all. Family First: Reforming the Justice System Three-fourths of one million parents are incarcerated. It is no surprise that the results of this are a damaged family structure, dysfunctional youth, and a perpetual cycle of more incarceration within the family. Something must be done to reduce the effects of parental incarceration to save the family and save the youth. To diminish the effects of having loved ones incarcerated, government agencies need to assist families by initiating mediation and rehabilitation programs as alternatives to incarceration, encouraging the justice system and community groups to assist with counseling families, and establishing policies to improve public relations between civil workers and the public. Mandating rehabilitation for offenders, as an alternative to incarceration, not only keeps families intact, it also saves taxpayers money. In a Journal Record Legislative Report (Carter, n.d.), Oklahoma Representative Wallace Collins said “We can pay now or we can pay later.” The cost of incarceration per inmate is more than three...
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...Facts: Oklahoma State University provided Professor Eric Angevine with a computer linked to the university network, and through it to the Internet. Angevine used this computer to download over 3,000 pornographic images of young boys. After viewing the images and printing some of them, he deleted the files. Tipped off by Professor Angevine’s wife, police officers seized the computer and turned it over to a police computer expert who retrieved the pornographic files that the professor had deleted. The Oklahoma State University computer policy states that: The contents of all storage media owned or stored on University computing facilities are the property of the University. Employees cannot use University computers to access obscene material. The University reserves the right to view or scan any file or software stored on a computer or passing through the network, and will do so periodically to audit the use of University resources. The University cannot guarantee confidentiality of stored data. System administrators keep logs of file names, which may indicate why a particular data file is being erased, when it was erased, and what user identification has erased it. The trial court held that federal agents did not need a warrant to search Professor Angevine’s office computer because he had no expectation of privacy. The judge sentenced him to fifty-one months in prison for “knowing possession of child pornography.” The professor appealed. Issue: Did Professor...
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...A Supreme Court decision is needed for a case that can change labor and employment drastically. Mark Janus is a social worker that feels as if his rights are being taken from him because he opted out of joining a union but must still pay ‘agency fees. Instead of union dues, he is given a fair-share fee that is roughly 78 percent of the full union dues. Janus is disputing that this fee is a violation of his First Amendment rights because, collectively bargaining with a government employer is basically persuading the government, and fair-share fees are a method of forced speech and association that deserves intensified constitutional inspection. AFSCME argues that the Abood model should be continued, because it stops “free riders” from getting...
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...Oklahoma City Bombing “According to one survey,38.5% of the state respondents personally knew a victim of the blast”(Gleick p61).The Oklahoma City Bombing was the largest bombing on U.S. soil before 911,and it is the biggest domestic bombing in Oklahoma history.That bombing wasn't the first one that day but the second one.The Oklahoma City Bombing is known for it’s description ,harmful effects; and the trial. A veteran named Timothy McVeigh had driven a truck that had been full with ammonium nitrate into downtown Oklahoma City twenty two years ago.The Oklahoma City Bombing was a terrorist bombing using a 4,800 pound truck bomb outside the Alfred. P Murrah federal building.Built up anger that Mcveigh had against the U.S. federal government,citizens,and politics lead him to bomb the federal building(Walsh p400).McVeigh decided to bomb the federal building because of all the anger he had built up...
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...The April 1897 drilling of the Nellie Johnstone No. 1 oil well marked a seminal moment in the development of what would become the state of Oklahoma. Glasscock’s history examines the peopling of Indian Territory following the removal of Native American tribes to the region, and the subsequent discovery of oil on lands allotted to those tribes during the late nineteenth and twentieth centuries. In the book’s final chapter, Glasscock concludes that Oklahoma’s history is illustrative of the “astonishing effects” of oil wealth on a previously lawless and uncivilized territory. The author asserts that the discovery of oil in Oklahoma was decisive in the closing of “America’s Last Frontier”. Although colorful in detail, Then Came Oil is plagued...
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...2015 The Legacy of the Tulsa Race Riot Greenwood, Tulsa Oklahoma, “Black Wall Street” In the early 20th century Greenwood, a neighborhood in Tulsa, Oklahoma, was the most affluent and successful African American communities in the United States. The oil booms of the early 1900’s had many people moving to Tulsa for a chance at quick economic gains and African Americans hoped to prosper from the new industry as well. Tulsa, like many cities and towns throughout the US, was highly segregated, with African Americans settling into the northern areas of the city. The racial split gave African Americans the ability and motivation to make Greenwood a black entrepreneurial mecca. By 1920 black owned businesses were spread over a mile long. They included grocery stores, restaurants, and medical and law offices. The community also developed two daily newspapers. Greenwood Oklahoma’s success gave the town the popularly known name of “Black Wall Street”(Johnson). The hostile racism and success of the community lead the white people in Tulsa to develop spite and jealousy. These harsh feelings lead to one of the most damaging riots in history, killing over three hundred Oklahoma citizens and leaving over nine thousand homeless. The Indian Appropriations Bill was passed and signed into law in 1889, which authorized President Benjamin Harrison to open unassigned lands to white settlers. The passing of the bill lead to The Oklahoma Land Rush of 1889. On the afternoon of April 22, 1889 an...
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...Juvenile Crime Paper Rochelle Gordon CJS/200 December 1, 2012 Dave Ross Juvenile Crime Paper In the juvenile justice system believes in giving a juvenile a second chance, and protects their privacy. They also want to make sure they receive treatment and support services rather than just punishment. The juvenile system focuses more on their needs, and those goals are met with treatment and rehabilitation so they won’t become repeat offenders. After a juvenile completes their program their records can be sealed or destroyed once they reach 18. The juvenile system status in question is to determine delinquency, whether an act of was violated or not. The system also wants to make sure the best interest of the child is taken into consideration, regardless if they are guilty or innocent. For the most part when a child is in custody and pending the hearing, they may be released into the custody of a parent or guardian. Juveniles have closed hearings instead of a trial. The right to a jury does not exist. A juvenile is not arrested; they are taken into custody from an order by the judge or complaint. Usually juveniles are only incarcerated with other youth offenders and in juvenile facilities. In the adult court system the status question for adults is to determine guilt or innocence. The goal for adult proceedings is to determine offender’s guilt or innocence. Pending a trial, an adult can be released through bail, or on their own recognizance. Adult trials are...
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...The Innocent Man: Murder and Injustice in a Small Town From Wikipedia, the free encyclopedia Jump to: navigation, search "The Innocent Man" redirects here. For a South Korean television series, see The Innocent Man (TV series). The Innocent Man | | Author(s) | John Grisham | Country | United States | Publisher | Doubleday | Publication date | October 10, 2006 | Pages | 368 | ISBN | 978-0-385-51723-2 | OCLC Number | 70251230 | The Innocent Man: Murder and Injustice in a Small Town (2006) is a nonfiction book written by John Grisham, and his first outside the legal fiction genre. The book tells the story of Ronald 'Ron' Keith Williamson of Ada, Oklahoma, a former minor league baseball player who was wrongly convicted in 1988 for the rape and murder of Debra Sue Carter in Ada and was sentenced to death. After serving 11 years on death row, he was exonerated by DNA evidence and other material introduced by the Innocence Project and was released in 1999. Contents * 1 Synopsis * 2 Book edition * 3 References * 4 External links | Synopsis Ron Williamson has returned to his hometown of Ada, Oklahoma after multiple failed attempts to play for various minor league baseball teams, including the Fort Lauderdale Yankees and two farm teams owned by the Oakland A's. An elbow injury inhibited his chances to progress. His big dreams were not enough to overcome the odds (less than 10 percent) of making it to a big league game. His failures lead to, or aggravate...
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