Their legal rights were infringed upon when Pratico and Maynard were pressured into falsifying their testimonies by the police. This violates their legal rights, as they did not follow proper procedure during the interrogations. According to section 15, Donald Marshall’s equality rights also have been violated as he is being discriminated against due to his ethnicity. Police and the judge have preconceived thought and beliefs regarding his character which leads them to believe that Marshall committed the murder.…
Was the Fourth and Fourteenth Amendments violated? Holding: The Trial Court held that the officer did have probable cause to search the vehicle and arrest the three men. The Supreme Court held that the officer did have probable cause to believe that Pringle had committed the crime of possession of a controlled substance. The Supreme Courts holding that the officer had probable cause to arrest Pringle also proves that the officer did not violate the Fourth and Fourteenth Amendments.…
In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…
In July of 1868, the 14th Amendment was passed, this amendment gave citizenship for all persons born in the United States. This amendment empowered the federal government to protect the rights of all Americans; there was subsequently legal equality. Although this amendment did not give African Americans the right to vote, it did articulate if a state denied the vote from any group of men, their representation in congress would be reduced. Of course, there are other assets the amendment proposed as well. Throughout history, this amendment has played a huge role in the advancement of American society.…
America’s early system of government, based on the Articles of Confederation, consisted of many flaws including the inability to attend to foreign affairs. Delegates from the colonies attended the Continental Congress to address these issues with the intention to alter the articles. However, the articles were entirely discarded and the Constitution was conceived as a result. During the ratification process, the absence of explicitly stated protections of citizens’ rights was a concern. Thus, James Madison, the primary author of the Constitution, drafted the Bill of Rights and it became the first ten amendments.…
Harris America is an exceptional country. Despite that, it has had its low points. The Civil War was centered around an issue that is considered one of the low-points in our history; slavery. The war shaped the constitution and parts of the American law system including equal protection and due-process. During the reconstruction era that transpired directly after the civil war ended the 14th amendment was created.…
As a United States citizen, the Constitution affords the citizens certain absolute liberties. One of those liberties is housed within the most referenced amendment; the 14th amendment. The 14th amendment; ratified in 1868, Section 1 states in part: …nor shall any State deprive any person of life, liberty, or property, without due process of law; nor to deny to any person within its jurisdiction the equal protection of the laws. Within this amendment lays the foundation for the citizens of the United States to be able to sell their own human organs for profit.…
The Bill of Rights to every American is the crown jewel center piece of our constitution and from which just about all legal proceedings are based from. Akhil Reed Amar's "The Bill of Rights as a constitution" pages 1131-1210 and 1193-1284, details and analyzes the strengths and weaknesses of the Bill of Rights. Amendments such as the fifth, ninth, and tenth are currently the sole topic of college courses such as Constitutional Law, the sixth, eighth, and a majority of the fifth are taught in Criminal Procedure and the seventh is taught in Criminal Procedure. Teaching these amendments to Americans is essential so that when issues arise we can have the knowledge we've learned right on hand. In the current day and age interpretations of the…
Vermont, Maine, and Mississippi (depending on the crime) are the only three states out of fifty that allow voting while in jail, for all other states the voting right is removed while serving time in jail, prison, on parole or probation. For all 50 states, the right to vote is restored after serving the correct time or term. Some conditions apply for certain states, but it is still possible to retain the right to vote. The major of the states have the law, which is you lose the right to vote while serving your term and retain it afterwards, but other states have different laws. I believe that the right to vote should be revoked while serving your time, but retained after you’ve served your term.…
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.…
Section 1 (a) the executive branch may veto legislation and may call special sessions of congress the legislative may override a president’s veto, may impeach the president, approves appointment's of judges and approves treaties (b) the framers intentions were to keep any branch of government from having too much power and the checks and balances make their intentions possible. 2. 1. (a) skipped (b) it basically means that the law must be obeyed no matter what and no one is immune to the law also it means no one man has more power than the law.…
Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…
Palko v. Connecticut (1937) 1. What constitutional question is the Supreme Court being asked to decide? Answer - Does Palko's second conviction violate the protection against double jeopardy guaranteed by the Fifth Amendment because this protection applies to the states by virtue of the Fourteenth Amendment's due process clause? 2.…
The U.S. Constitution was established to give an understanding of the principles and the laws of the nation. The U.S. Constitution contains twenty-seven amendments. The first ten amendments are known as the Bill of Rights. The Bill of Rights was created to protect rights of citizens of the United States and balance the power of the government. The four amendments of the Bill of Rights that deal with criminal procedure are the Fourth, Fifth, Sixth, and Eighth Amendments.…
The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…