In the judgement of Mason CJ and McHugh J, it was said that a “ trial judge who is faced with an application for an adjournment or a stay by an indigent accused charged with a serious offence [...] the trial in such a case should be adjourned, postponed or stayed until legal representation is available. The judgement also stated that “an accused has the right to a fair trial and that, depending on all the circumstances of the particular case, lack of representation may mean that an accused is unable to receive, or did not receive, a fair trial. “ Moreover, the judgement of Deane and Gaudron suggested that the right to receive counsel was found in the Constitution, specifically Chapter Three which requires that ‘judicial process and fairness be observed.’ However, both Justice Brennan and Justice Dawson dissented, stating that it would unjust for judges to adjourn or stay trial due to the pressures it would place on legal aid agencies. For Dietrich, the outcome of the High Court case meant that without the legal representation he had required for the trial and due to the trial judge’s failure to grant an adjournment, a miscarriage of justice had occurred.…
In the Betts V. Brady case which is overruled because of the refusal to appoint counsel for an indigent defendant charged with a felony in a state court did not violate the due process. So in…
Under the Crime Control Model, as Packer described it, defense counsel was considered a luxury, or worse, an impediment to efficient processing of the guilty. By contrast, under the Due Process Model, as we have seen, defense counsel was the key to asserting and protecting the defendant‘s rights” (Keith p.43). The techniques of extending…
There was a disagreement on whether or not the death penalty was a violation to the convicted person’s rights. The person under the death penalty was caught breaking into a private home when they were caught in the act. As the person tried to leave the scene, they tripped and fell causing the gun in their hand to fire a shot that unfortunately killed a resident in the home (Furman). From there, the lower leveled court found the person guilty and he was sentenced to death. Though the person was found guilty of murder, their lawyers didn’t believe they should have been convicted with the death penalty and had challenged to overturn the punishment to something less severe as the death penalty.…
This amendment lays out a person ’s right to a trial by jury. It tempers the law to community standards by having a person’s "peers" decide who is right and who is wrong. This amendment permits for the difference between physical and social circumstances in each community. For example, in a small town, failure to shovel the snow off the side walk is not big thing.…
These rights include the right to a fair, speedy, and public trial by a jury. It also includes the right to counsel in the case that the defendant cannot provide his or her own. The right to counsel, specifically, has been a staple of American ue process. In the hallmark case of Gideon v. Wainwright, the right to a court appointed counsel was upheld. Clarence Earl Gideon broke into a pool lounge in Florida with the intent to commit misdemeanor offenses.…
Gideon’s Trumpet In 1961, a case appeared to the United States Supreme Court that challenged a well-accepted precedent established by the court almost 20 years prior. The case being discussed in this book is Gideon vs Wainwright, in which the defendant is a fifty-one-year-old white man in Florida. Gideon was accused of petty larceny, and eventually found guilty in court. Gideon, though, was representing himself, as he could not afford an attorney and was never provided with one.…
The Supreme Court’s decision involved the Fourteenth Amendment along with a multitude of other cases in order to examine the totality of the circumstances. The court agreed with the Court of Appeals decision implying that a confession would aid Bond’s case and the detective promising to put Bond in contact with his family did not induce an involuntary confession. However, the detective’s statement that Bond would not receive a fair trail because of his race and the prospective jury makes the court condemn the intentional misrepresentation of judicial rights in order to convince a suspect in a criminal case to confess. In the cases of Ringo v. State (1879) they referenced the quote, “The critical injury is whether the defendant’s statements were…
The right of due process is one of the most characterizing features that embody the spirit of American liberty. Can anyone imagine a world without constitutional protections, provided for the accused, against arbitrary accusations? Before the establishment of the United States’ Constitution, the founding fathers of America understood that rights inherently bestowed unto the people are rights that should be protected by government institutions. The right against cruel and unusual punishment and the right to a trial by jury are just two of the several protections offered to Americans by the Constitution. In the case Hurst v. State of Florida, Timothy Hurst was charged, convicted, and sentenced to death for the murder of Cynthia Harrison at the…
Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…
The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties.…
Under the Fourth Amendment, searches and seizures must be reasonable. Ryan Strasser from the Legal Information Institute states, “strip and visual body searches, when done in a reasonable manner, are reasonable searches under the Fourth Amendment”. Some of these searches include anal or genital searches. When an authority wants to search and seize a citizen, there must be 2 elements present. First, there has to be a show of power from the police officer, and the citizen has to submit to the authority.…
Due process as our text states is a “fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary or capricious” (Neubauer & Fradella, 2014, p. 38). A plea bargain, “a process through which a defendant is pleads guilty to a criminal charge with the expectation of receiving some consideration from the state” (Neubauer & Fradella, 2014, p. 309). It’s an offer made to individuals who are facing charges and/or sentencing that may reduce the amount of time they would serve upon conviction. It is what it implies, it’s a deal. You’re looking at…
What point of view did the group/individual have on these issues? At the time he has didn’t access legal representation. 6 What laws existed at the time of this case? How did they impact on the individual/group?…
Alabama of 1932 was a landmark case in American history. The case brought to the forefront the issue of legal counsel being guaranteed by the 6th Amendment, and how that right applied to the States by the 14th Amendment. This case brought up the issues and concerns of what the requirements of the State was in this type of criminal proceedings. Due Process wasn’t given to the African American men in this case. The Incorporation Doctrine within the Fourteenth Amendment will now serve as a series of checks and balances so that state governments can’t make sure not to violate these rights that are given to our…