Dewey read a waiver listing the Miranda warnings. During the second interrogation, Dewey admitted to “hitting” her husband. Dewey also admitted to having held a knife, blade in her palm, during the altercation. Dewey told Detective Kidd that “she intended to punch Steven but instead hit him with the knife” (Dewey v. the State of Nevada, 2007). After obtaining a search warrant, Elko Police found a nine-inch knife inside of the couple’s pickup truck. Elko Police attempted to interrogate Dewey the following day in jail, but Dewey invoked her Miranda rights, so a third interrogation did not proceed. (Dewey v. the State of Nevada, 2007) In trial, Dewey was charged with open murder of her husband, Steven Dewey, with use of a deadly weapon. In 2006, Shelli Rose Dewey was convicted of second-degree murder with use of a deadly weapon by Nevada’s Fourth Judicial District Court; she was sentenced to consecutive life imprisonment with the potential for parole ten years following the closure of the case for murder and use of a weapon, respectively. In November 2007, Dewey filed an appeal of the conviction with the notion that the inculpatory statements obtained during her second interview were acquired in violation of her Fifth Amendment right to remain silent and her Sixth Amendment right to a speedy, public trial by an impartial jury. Dewey’s appeal included that the statements made during the second interview were obtained involuntarily and therefore, unlawfully. However, Dewey’s…
The US Constitution establishes that due process rights apply to all. The adjudication of law is a function of government necessary for omnipresent protection of legal rights and constitutionalism. In the exploration of universal liberty, the most important right is that of due process. Consequently, the extension of due process rights to noncitizens under the Supreme Court case Hamdan v. Rumsfeld in 2006 remains a fixture in the history of liberty. With the promotion of economic, social, and…
Abstract Civilian Complaint Review Board was put in place for the citizens, whom believed they were being wrongly accuse by the police department. A first assignment to be taken up by the proposed police responsibility commission is a thorough reassessment of the Civilian Complaint Review Board investigative operation, including the procuring, advancement, preparing and supervision of agents; and the foundation of important execution models and suitable caseloads. This reassessment must be…
power among the three branches of government. Congress gave the executive branch unlimited power to act with extreme prejudice and the Supreme Court went along with the decisions the executive branch made to combat terrorism. This paper will explain how the three branches of our federal government- executive, legislative, and judicial- have responded to terrorism. The President’s greatest responsibility is to protect the American people from both foreign and domestic threats. The president is…
People who are forced their homes due to persecution whether individually or as part of a mass exodus due to political military, religious or other issues are known as refugees. “According to the Migration Act of 1958, (“Migration Act 1958”) children of parents who are classified as a refugee are given the same rights as their parents.” The aim of this paper is to identify and explain how The Australian Legal System does not adequately protect and enforce the rights of children seeking refugee…
This was a result of the attacks that took place on September 11, 2001. Following this tragic event, the President made it his responsibility to protect the United States from future radical aggressions. On October 26, 2001 Bush enacted the Patriot Act. This act “...authorised indefinite detention without indictment for foreigners suspected of having links to terrorist organizations” (Paye). America was now a surveillance state. For instance, phone conversations and emails could now be tapped.…
According to (The 9/11 commission Report, 2004) information was not shared , sometimes inadvertently, because of legal misunderstanding and often the information was lost in the divide between foreign and domestic agencies of the government. For instance, the CIA had the passport copy of Mihdhar containing multiple-entry visa for U.S and his visa application, was faxed from American embassy in jeddah, Saudi Arabia to CIA’s Alec station, showed Mihdhar’s destination New York. This was later…
and the Supreme Court Case ruling led to the establishment of Combatant Status Review Tribunals to determine the official status of these Guantanamo Bay detainees (Schumann 353). While this may seem to be a negligible act, the status of these detainees has a large impact on their treatment. A prisoner officially named ‘Unlawful Combatant’ is subject to the detaining state’s laws, and is not protected by the guidelines of the treatment of prisoners of war outlined in the Geneva Convention…
Critique of the Analysis of the South African Truth and Reconciliation Commission by Academia Context of project The Truth and Reconciliation Commission (TRC) is a body which the Government of National Unity established to assist the South African nation grapple with the gross human rights violations that occurred during apartheid. It is based on the Promotion of National Unity and Reconciliation Act 34 of 1995. Investigations of reconciliation in South Africa justly consider the work of the…
The Soldier Status Survey Tribunal (CSRT) utilizes a formal procedure to decide if prisoners meet the criteria to be assigned as foe warriors. Tribunals known as Regulatory Audit Sheets (ARB) guarantee that foe warriors are not held any more drawn out than would normally be appropriate. The two procedures work inside the limits of conventional law-of-war tribunals and are additionally subject to the interests’ procedure and legal survey. Moreover, Congress has built up a procedure under the…