Procedural law

Thinking about Joshua Wong’s additional sentence: Rule of Law and Rule by Law in Hong Kong On January 17, a Hong Kong court sentenced Joshua Wong, one of the leaders behind the Umbrella Revolution, an additional 3 months imprisonment term. The reason for this was a failure to vacate when prompted, the commercial district of Mong Kok, which allegedly had “adversely affected” the normal pursuit of activities for normal citizens. The sentence, given by Andrew Chan of the High Court, was but one of…

In “Courts, Rights, and Democratic Participation,” author Rachel Cichowski breaks down the possible connection between courts, the changing nature of democratic participation and rights. The author believes there are ways institutions in addition to rights shape the courts serve as public participation arena, subsequently courts are essential for citizens to have more power in their democracies. The author says, “courts are increasingly give the powers to constrain, shape, and dismantle…

Thompson, Khalabari, Vega December 12, 2016 House Bill No. __________ Patron–– § 1. Notwithstanding any other provision of law, no state or local government department, agency, or instrumentality having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police and any school division, and no department of law enforcement as defined in § 15.2-836 of the Code of Virginia of any county, city, or town shall purchase or deploy…

Miller was sued by the state of California for violating the California Penal Code §311.2 by knowingly distributing obscene material. Procedural History: The Superior Court of California, Orange County held a jury trial where Miller was found guilty. He then appealed to Appellate…

Hart-Fuller debate published in the Harvard Law Review was a first attack to Fuller’s theories by Professor Hart, an influential positivist at the time. He brought up the case of Apartheid as mentioned above and also the problem of the Nazi Regime, contending that both of the legal system contains valid laws on a positivist view. Fuller rejects this argument by saying they were using law as an “instrument of an arbitrary and tyrannical dictatorship” and such laws should be considered invalid.…

The most representative document in international human rights law is the Universal Declaration of Human Rights (UDHR),which is a milestone in history of human rights law, was proclaimed by the UN General Assembly in Paris on 10 December 1948 General Assembly Resolution 217A as a common standard of achievements for all peoples and all nations. Article 21 describes “the will of the people” as “the basis of the authority of government” and calls for that will to be considered through “periodic and…

The landmark U.S. Supreme Court case I have chosen to write about is Miranda v. Arizona. This was a case in Arizona where Mr. Miranda was arrested at his home and taken by police into custody to a police station where he was then identified by a complaining witness. Once, he was identified he was interrogated by two police officers for about two hours and as a result to this long interrogation he signed a written confession to the crime. Therefore, once the case went to trial his oral and…

By law, everyone is required to receive equal treatment and no wrongful punishment can be granted when the law is broken. This means a person cannot be charged with a crime twice, also known as double jeopardy. Also, a person can choose to “plea the fifth” and not answer a question of they feel as if the answer…

murder. When petitioner was asked if ballistic testing would match ammunition casings found at the scene, he remained silent. Petitioner contended that the prosecutors’ use of his silence to indicate guilt violated his Fifth Amendment rights. Procedural History – The petitioner was charged in Texas state court with murder. The prosecution contended his silence indicated guilt. The petitioner argued at trial that remaining silent was a legitimate means of invoking his Fifth Amendment rights.…

v. Stuart 427 U.S. 539 Decision: 9-0, delivered by Chief Justice Burger Facts: Erwin Charles Simants was a suspect of sexual assault and the murdering six members of the Kellie family in their home in Sutherland, Nebraska. Simants had confessed to law enforcement officers and had disclosed information to other private parties. This murder attracted attention to the town from local and nation news broadcasters. Simants’ attorney and the county attorney met before a judge to enact restrictions on…