The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…
This case brings the question up of was T.LO's rights broken or not. The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. T.L.O is the person who sued because she felt that the contents in her bag were only found because it was searched unlawfully. In Juvenile Court it was decided that there had been no Fourth Amendment violation. T.L.O was searched without probably cause of any illegal activity. The fact that she was smoking cigarettes in school have the principle no reason to think she is dealing marijuana.…
The selection that makes a more effective argument is selection 1 " Lochner v. New York Decision" because it not only give strong evidence it also states that this is the man is a second time offender. As stated in the selection "after having been therefore convicted of a violation of the same act, and therefore, as averred, he committed the crime or misdemeanor, second offense." It also says that somebody who work passed the maximum number of hours wouldn't develop any health problems, but it states that he, "wrongfully and unlawfully required and permitted an employee working with him in his biscuit, bread, and cake bakery and confectionery establishment, to work more than sixty hours in one week." What this quote from the text is saying…
In 1980, one of the teachers at Piscataway High School found two girls smoking in a restroom at the school…
Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…
The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…
The respondent was convicted in Dallas County Criminal Court of desecration of a venerated object in violation of a Texas statute. He was sentenced to one year in prison and fined $2000. The respondent appealed his conviction through the Court of Appeals for the Fifth District of Texas. They affirmed the decision of the lower court. The respondent then petitioned for discretionary review by the Texas Court of Criminal Appeals. This court then reversed the decision finding Johnson’s flag burning to be “symbolic speech” protected by the First Amendment. Certiorari was granted. The case went to the Supreme Court.…
In his article Florida v. Harris: Turning Police Dogs into Search Warrants on a Leash, John Whitehead questions the intentions of both police officers and Supreme Court judges, who seem to be condoning and ruling in favor of unconstitutional searches of American citizens. The criteria for what qualifies as probable cause has now been left up to the judgement of an officer. With variance in why a search should be conducted, Americans are left in the dark when it comes to their own rights. Although the Constitution outlines these rights, their interpretations gets lost when the Supreme Court rules in the favor or those who seem to be abusing their power rather than using it to protect the American people. .…
This primary source document is from an article from Harper’s Weekly. Harper’s Weekly was a very important newspaper from New York during the Civil War. The article was titled “New York Legislation.” The proper bibliography citation for this source is: “New York Legislation.” Harper’s Weekly (New York), April, 8, 1865, 9th ed., sec. 432. Accessed September 12, 2016. http://www.sonofthesouth.net/leefoundation/civil-war/1865/April/amnesty.htm. The article clearly focuses on the New York legislation at the time. The author of the article is unclear. There is no given author for any of the article in this particular edition of the newspaper. However, the author’s purpose is clear. The point of this article is to highlight the issues that are concerning…
The plaintiff Sullivan, Commissioner of Public Affairs in Alabama believed he was defamed by an article printed out in the New York Times pertaining to the tragedy that was aimed toward those who took part in the civil rights movement at a college in Alabama. The article stated how African Americans were punished by the police for things they had the right to, like peacefully protesting for the right to vote. Although the article didn’t directly mention Sullivan’s name, he felt it was referred to him because he was responsible for the police. Sullivan requested the article be moved based on the false information…
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.…
In the case of Katz v. United states, 1967, The FBI agents acted on a suspicion that Katz maybe transmitting gambling information over the phone to other people in other states. Katz was using a public phone booth to conduct the transactions of information ("Findlaw's United States Supreme Court Case And Opinions."). The FBI agents then proceeded to attach an eavesdropping device to the outside of the phone booth to record his conversations. With all the recoding that the FBI could get, they charged Katz with an eight - count indictment for the illegal transmission of wagering information to several states and he was convicted of those charges ("Findlaw's United States Supreme Court Case And Opinions.").…
Eric Harris and Dylan Klebold murdered their classmates and teacher at Columbine High School on April 20, 1999. (Cullen“The Depressive and Psychopath”). Harris and Klebold have planned for a year about what they wereare going to do. They wanted to do the shooting on the same day as the Oklahoma City bombing (“Columbine High School Shooting”). Their hatred led them to seek revenge on the people at the school whomthat they both hated. In Harris’s journal, his opening sentence was “I hate the f---ing world” (Cullen“The Depressive and Psychopath”). In theirthere massacre they targetedaimed towards athletes but, when bombs went off they would gun down any and everything fleeing the school. It was just as much of a bombing as it was a shooting (“The…
The Plaintiff, Sullivan (Plaintiff) sued the Defendant, the New York Times Co. (Defendant), for printing an advertisement about the civil rights movement in the south that defamed the Plaintiff. New York Times vs. Sullivan Defamation can be defined as a written or spoken statement that subjects someone to hatred or ridicule or injures a person’s occupation or business. This case was decided on March 9th, 1964 by unanimous decision. Justice Brennan delivered the opinion of the Court and concurrences were written by Justice Black and Justice Goldberg. The question before the court involved the first amendment freedom of speech and press and whether it protected defamatory false statements concerning public officials.…
Abraham Lincoln once said, “Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties” (Shmoop.com). On September 17th, 1787 the signing of Constitution of the United States of America took place. The members of the Constitutional Convention met to create a strong, centralized government after the dissatisfaction of the Articles of Confederation. The Constitution created a government made by the people, for the people, which includes minors. Every American citizen has undeniable rights that are provided in the Constitution and that should also protect minors while they are at school and at home, where they should be able to express themselves without punishment as well.…