This case regarding Hinton involves the sixth amendment, various examples of how one can file a motion to suppress a charge/extend the trial, and goes off of the same basis and similarity of “Strickland v Washington”. This Supreme Court case all began in 1985 when a serious of restaurant robberies turned deadly in relatively the same way. Authorities had no leads until one of the restaurant managers survived an attack and picked out Mr. Hinton from a group of pictures presented before him. The police had thus arrested Hinton while recovering a revolver belonging to his mother, which is supposedly the murder weapon, and had charged him with two counts of capital murder. The only defense that worked for Hinton in his criminal trial is the ineffective…
ineffective we’ll be using the test established in Strickland v. Washington, 466 U.S. 687 (1984). Ineffective Assistance of Counsel According to the test, ineffective assistance of counsel is established when a defendant has proven that: (1) that their trial lawyer 's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel 's unprofessional errors, the result of the proceeding would have been different. Applications of…
to prove guilt beyond a reasonable doubt. The result of the Crawford v Washington case defined the standard for determining the admission of hearsay statements in cases permitted under the Confrontation Clause of the Sixth Amendment. In conclusion, the Crawford v. Washington case impacted the Supreme Court of Virginia’s decision in Briscoe v. Commonwealth and Cypress v. Commonwealth. The defense attorneys and prosecutors in Virginia should proceed in caution of the sixth amendment with…
I had a hard time deciding whether I agreed or disagreed with the above quote. On one hand, yes, America has succeeded in establishing a progressive political system and envisioned a new idea of what it means to be free, but on the other hand, I feel as though that the United States has departed from the ideas of freedom, responsible government, and human equality. In the end, I decided that I disagree with the idea of America is much more of a political and moral fact. What started as the…
The United States became a more democratic society after the Civil War through the liberation of African American slaves and development of racial equality and the increase of mobility and empowerment of women. Both of these aspects were previously treated with grave inequalities, and after the Civil War each group steadily gained more power and freedom. A democratic society must include freedoms for all citizens regardless of their origins. The definition of a democratic society is very…
The freedom and openness of media plays a central role in politics and it is often portrayed as a fourth branch of government in democratic systems, such as the United States (Choi, James, 2006). Ideally, the role of the media in a democratic state is to provide a voice for the marginalized in society. Therefore, a failure to ensure press freedom is a democratic failure. This essay will explore the way in which the negative portrayal of African Americans in the media has led to oppressive…
“Government is best which governs least” according to the article “Civil Disobedience,” by Henry David Thoreau. In this article, Thoreau also mentioned that he believes that government is best when it governs not at all. However when a government governs not at all, then there exist chaos and war. But a government that governs least is a government that many people will agree is the best type of government. This type of government allows people absolute freedom. Not freedom per say, but…
The attacks on Pearl Harbor forever altered the course of American history,the attacks also changed the way Americans viewed and treated Japanese Americans. These resentments and mistreatments of Japanese immigrants, began long before the bombing of Pearl Harbor ever took place. These biases were even present here, in the state of Washington. After the attacks on Pearl Harbor, many viewed the Japanese- Americans as threats to the country and how they should be treated became a subject of debate…
The health of society is greatly affected by the power of the government. When that power is too weak, the government cannot do its job, but when it is too strong, the leaders may abuse their power and oppress the citizens. In a perfect world citizens would monitor the actions of their government to prevent abuses of power. However, we all born to be free and every one is equal. As Thomas Paine argues in his “Common sense” that we should have control in government, instead of let them to control…
“We the people of the United States…” so starts our Constitution. And what an eclectic and motley group of people we are. So it is that the framers of the pre-eminent law of our land saw fit to build rules into our democratic game of government that would protect us all from a simple majority formed from any group conveniently aligned hell bent on having things their way at the expense of the current majority. Despite their significant proportion of US population, particularly in cities and at…