The Justices ruled that the use of race as
The Justices ruled that the use of race as
Two days following Davis’s conviction on charges of the murder of Officer Mark MacPhail, jury recommended the death penalty and Davis was sentenced to death. Officer MacPhail’s family wasn’t allowed to testify but Davis comment with; “Spare my life, just give me a second chance. That’s all I ask. I was convicted for offenses that I didn’t commit.” If the victim was still alive to testify, he could have confirmed Davis’s statement or better yet identify the true shooter in the case rather it really was Troy Davis or not.…
Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…
Whether helping customers to fill out government forms is an act of engaging in unauthorized practice of law for paralegals?…
In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…
In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…
Attila Nagy 9/18/2017 ENC3465 Legal Brief 3 State of New York v. Robert Strong Facts Robert Strong belongs to the Sudan Muslim religious faith, which later named him one of the leaders. As part of a well-known ceremony, he performed a religious exercise on the victim by plunging three knives into his chest to stop his heartbeat and breathing without any health repercussion thereafter. Even though this has occurred for over forty years without any fatality, the victim did not survive this exercise. Issue Is the defendant, who fatally exercised his powers of “mind over matter” through plunging knives into victim’s chest for ceremonial purposes, guilty of manslaughter in the second degree? Rule…
Roberts v Colorado State is a case based on former members of the Colorado State University women's varsity softball team ("ROBERTS v. COLORADO STATE UNIVERSITY | Leagle.com," n.d.). During the summer of the 1992, CSU experienced many financial burdens as their state aid was taken away and many beneficiaries bailed out. This put the school in a deficit, causing them to drop many of their sports teams. One of which was the women’s softball team. The players found this to be wrong because they were not given fair warning nor told why they were being terminated just that they were.…
Grutter v. Bollinger was also a case in which race was still used as an admission factor. This case involved the admission process to The University of Michigan's law school. Just as the University of Texas they used the hard data and soft data process to admit different students into their program. Race was used as a plus factor under the soft data category and the law school was seeking critical mass by becoming more diverse within its student population. Yet, the question was how did the university know the race of the person? As they did not have a so called race check box. They asked different questions such as where the students are from or what language was spoken within their homes. The court again said this was ok, as they school was…
a member of a different gang driving by. They used Riley's car to get away and then left the car somewheres else. On August 22, 2009 they pulled Riley over while he was driving another car on an expired license registration tag. After Riley was stopped for this violation the officer seized and searched his phone without a warrant, he was arrested on weapon charges. The Riley v. California case was argued April 29, 2014 and decided on June 25, 2014.The main issue in this case was how the police officer searched his phone without a warrant then arrested him and if this action violated the fourth amendment. The fourth amendment clearly states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”.…
On may 24, 2011 Casey Anthony was brought to trial for the murder of her daughter Caylee Anthony. Casey Anthony’s was charged with First-degree murder, Aggravated child abuse, and providing false information to law enforcement. The prosecutor in this case was Linda Drane Burdick, who said that Casey wanted nothing more to live the single woman’s life of partying with her boyfriend, and going to clubs. She hadn’t had a job in years, but lied to her family about going to work. The prosecution argued that Caylee was becoming too old, and would soon be able to speak and tell on her, though it was a shocking theory.…
A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.…
After reviewing the United States v. Parks case, I believe that Parks should have been charged with a crime. The responsible corporate officer doctrine states that even if the corporate officer did not know about the crime or engage in the crime then the court can still find the officer criminally liable (Kubasek, 2017 p. 161). In this case, Parks received a warning letter from the Food and Drug Administration and still failed to correct the unsanitary conditions. Parks should be convicted even though he may not have intended to hurt anyone. Being the President of a food company, one should understand the diseases that can be passed along by rodents and the damage that can be done to a company's reputation from a sanitary violation. The…
The Furman v. Georgia decision of the Supreme Court was the first time in history where a higher court had ruled against capital punishment. However, the Supreme Court later suggested new legislation that overturned the ruling that capital punishment was cruel and unusual (Bohm, 1997). Opponents for the death penalty were elated. Executions such as drownings, crucifixions and burning at the stake were carried out for things such as marrying those of Jewish accent, non-confession by criminals and treason (Bohm & Schabas, 199). According to Randa (1997), during the nineteenth century the number if capital crimes were reduced due to many states building penitentiaries to house offenders. The state of Pennsylvania was the first U.S. state to perform…
Aristotle’s teleological view on justice focuses on the goal of an action rather than its initial fairness. As it is the outcome that matters, discrimination on the way is inevitable in order to achieve equality in a society. The case of Cheryl Hopwood’s rejection to the University of Texas due to affirmative action yields the discussion about distributive justice and whether discrimination in order to achieve an equal society is just. Despite having the same grades as fellow applicants from ethnic minorities, she was denied access to the university on the grounds of her skin color, as the college claimed to favor a diverse student body.…
On my opinion i believe we all have equal rights so it's fair to negotiate. The differences in the articles “Texas v. Johnson Majority Opinion” and “American FLag Stands for Tolerance”, is that there are the different sides of rights. The thing is they choose between giving the rights to the society or not. Also they have their side that appose the case and the side that agrees with the case. Another thing is they are similar cases because they each are cases about the American Flag. Last thing i want to talk about is that everybody has their different opinions but it all depends on the opinions of the cases that will give the Answer.…