Judges also decide what issues will be raised, he or she can manipulate the range of values which could be given effect in a verdict. For instance, the landmark case of Gideon vs. Wainwright. This case involved Clarence Earl Gideon, charged with a felony due to breaking and entering a poolroom with the intent to commit a misdemeanor crime. Gideon reported to court without a lawyer and requested for one to be appointed to him. This request was denied, for Florida state law can only appoint an indigent
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Miranda's appeal to the Arizona Supreme Court, claiming that Miranda's confession was not voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in State v. Miranda. In confirmation, the Arizona Supreme Court emphasized the fact that Miranda didn’t explicitly request an attorney. Attorney John Paul Frank represented Miranda in his appeal to the U.S. Supreme Court. Majority Decision of the Court Chief Justice
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Case Name: County of Los Angeles v. Mendez 581U.S.___ (2017) Operational Fact: In October 2010, deputies from the Los Angeles County Sheriff’s Department were searching for a potentially armed and dangerous “parolee-at-large” that was seen at a certain residence. While other officers searched, without a warrant in the main house Deputies Conley and Pederson searched the back of the property where unknowingly, Mendez and Garcia were sleeping in a shack on the property. Deputies Conley and Pederson
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Reasonable Suspicion, Plain View, and Plain Feel In Terry v. Ohio (1968) 392 U.S. 1, an officer patrolling a high crime area, known for shoplifters and pickpockets, witnessed Terry and another man walk past a store and glance inside the window twenty-four times. The suspect’s unhelpful identification led to a protective pat with the slightest intrusion of privacy. The Terry stop and frisk was constitutional based on reasonable suspicion. Terry requires specific and articulable facts in light of the
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centuries. New laws challenge it’s decision making everyday but one question has remained on everyone’s minds: If I get convicted, will my sentencing be fair? Fairness is something that has to be guaranteed in most influential country in the world. “Gideon v. Wainwright” has challenged this fairness and changed how the justice and judicial system worked. This court case leaves a remarkable imprint for the future of court rulings and decision making. On August 4th, 1961, a man by the name of Clarence
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The ruling in the case Betts v. Brady in 1942 had significant ramifications for criminal defendants. It held that a defendant, who was not able to afford a counsel themselves, will not be appointed a counsel by the state if they were prosecuted by the state, in contrast to a federal prosecution where a counsel is provided by the government if needed. This ruling was strictly followed until March 18, 1963, when it was overruled by Gideon v. Wainwright, in which all nine justices unanimously ruled
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exception to the Miranda warnings where police officers can and will distinguish situations between necessary to their secure their own safety or the safety of the public and questions solely to elicit testimonial evidence from a suspect. (New York v. Quarles (1984) 104 S. Ct. 2626, 2633.) The public safety exception applies where police officers need to know the whereabouts of a recently discarded firearm, and thus the question to elicit the location of the firearm need not be prefaced by Miranda
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Abortion Many people have different views on abortion. Lots of people believe that abortion is the unjust killing of an unborn child. Some people, however, believe that it is a woman’s choice if she has the baby or not. I believe that it is not correct to have abortions. The baby is an alive, human being, and does not deserve to be deprived of a chance at life. Abortion is one of the most debated topics. To me, not letting a human have a chance to do something great because the mother does not
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Hernandez V Texas was a case trialed against Pedro Hernandez for the murder of a man who went by Joe Espinsona. Whilst Hernandez was being trialed, he and others decided to challenge what they knew as “the systematic exclusion of persons of Mexican origin from all type of jury duty in at least seventy counties in Texas.” With that, the Supreme Court appealed to Hernandez's conviction based on the fact that Mexican Americans were treated as a class and subject to social discrimination in Jackson
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Roe v. Wade is the U.S. Supreme Court decision that legalized abortion within the first two months of a women's pregnancy. The plaintiff, Jane Roe, resided in Texas where abortion was illegal unless a woman’s life was at risk. She sought to have an abortion because her financial situation was not stable enough to support a child. The case began in 1970 when Roe took federal action against Dallas Counties’ district attorney, Henry Wade. The case officially went to trial on on December 13th, 1971.
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