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FOR THE SIXTH CIRCUIT _________________ X Plaintiff-Appellant, No. 05-3708 > , Defendant-Appellee. N On Remand from the United States Supreme Court. No. 02-00708—James G. Carr, Chief District Judge. Argued: June 23, 2006 Decided and Filed: July 22, 2008 Before: BOGGS, Chief Judge; BATCHELDER, Circuit Judge; BELL, Chief District Judge.* _________________ COUNSEL ARGUED: Joseph R. Wilson, ASSISTANT UNITED STATES ATTORNEY, Toledo, Ohio, for Appellant. Spiros P. Cocoves, LAW OFFICE, Toledo, Ohio, for Appellee ON BRIEF: Joseph R. Wilson, ASSISTANT UNITED STATES ATTORNEY, Toledo, Ohio, for Appellant. Spiros P. Cocoves,…
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Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court, in which justice Rehnquist, CJ, joined and White, Blackmun, O’ Conner, Kennedy, and Souter, JJ, joined. Stevens, filed a dissenting opinion, in which Marshall, J., joined Procedural History: California v Hodari first proceeding were through the juvenile courts.…
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In 1963 Clarence Earl Gideon presented himself in front of the Supreme Court. Gideon had been indicted for breaking and entering; after defending himself in his preliminary trial he was sentenced to five years in prison. During his time in jail, Gideon did some research on law and wrote an appeal to the Supreme Court. Gideon’s request of representation was on behalf of the due process clause of the Fourteenth Amendment. The court decided to put the case on trial; it related back to the Betts v. Brady case of 1942. Unlike Betts v. Brady’s 6-3 ruling in which Betts had lost, Gideon won the case with an astounding 9-0 majority. The main issue of the case centers on proper representation of the defendant. In order for the reader to fully understand the scope of the case, he or she needs to consider Betts v. Brady.…
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The Constitutional issue~ Robert appealed his conviction and argued that title 18 of the United States Code section 48 was unconstitutional because it violated his freedom of speech listed in the First Amendment. He also thought that he was innocent because title 18 of the U.S.C section 48 was mostly about animal “crushers”…
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a. Following his arrest, Worcester appealed his charges and took his case to the Supreme Court…
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Georgia balanced the promoting of the common good and the protecting of the individual rights. Ingraham Vs. Wright and Gregg Vs. Georgia matter because they were obviously important for us to learn about. They both showed that cruel and unusual punishment matter and that common good was favored in their cases. So to conclude James Ingraham's case was not as balanced as Troy Gregg's case in the…
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In the groundbreaking case Gideon vs. Wainwright we are given a prime example of a Supreme Court case and its impact on federalism. Gideon was accused of felony burglary charges after an eyewitness placed him at the scene of a robbery. Although there was no evidence of him committing the crime, police arrested him and charged him with the theft based solely on an eye witness report. The sequences of events that would follow would change the way states were ordered to provide due process and create a fair and balanced trial for all felony trials.…
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Appellate court decisions are legal opinions having the status of law as stated by the appellate courts become case law. Such law results from appellate court interpretations of statutory law or from court decisions where rules have not yet been codified in statutes. The purposes of criminal law that relates to this case are: to deter people from criminal activity and to stipulate the degree of seriousness of criminal conduct. The sentencing that was cast from the judge in this case seems aimed more to deter other juveniles from possibly committing the same…
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Regarded as the first major juvenile rights case to preface further juvenile court reforms, Kent v. United States established the universal precedents of requiring waiver hearings before juveniles could be transferred to the jurisdiction of a criminal court and juveniles being entitled to consult with counsel prior to and during such hearings.…
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This goes back to letting a guilty man walk loose amongst the citizens, what they should have done was let go of the fact that they did not read him his rights in a timely manner. He still got read his rights and he probably understood them but he just did not want to get accused for the crime that he committed. So in my belief the case should have gotten overturned by the Miranda vs Arizona case.…
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Mіrаndа vs. Arizona was а case that consіdеrеd the rights of the dеfеndаnts in criminal cases in regards to the power of the government. Indіvіduаl rights did not change with the Mіrаndа decision; however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected. This decision requires that unless а suspect in custody has been informed of his constitutional rights before questioning anything he says may not be introduced in а court of law (Mіrаndа v. Arizona, 1966). The decision requires law enforcement officers to follow а code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them.…
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Some decisions that were made were in the Marbury Vs. Madison case, McCulloch Vs. Maryland case, Scott Vs. Sandford case, etc. These cases each greatly impacted our great nation and what it is today.…
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The judgment of the court is mainly based on consolidation of two cases. In Jackson vs. Hobbs, Jackson was at the age of fourteen when he and other two youth went to a store in Arkansas planning to steal from it. In this case, Jackson got charged as an adult and given a life term with no parole. In Miller v. Alabama, Miller was a fourteen year of age. Jackson and another boy set fire to a trailer where they had purchased drugs. Miller was convicted of murder and given a mandatory life sentence with no parole. The decision was reversed by the Supreme Court. The review of the above cases was approved by the Supreme Court presenting the subject of constitutionality of a life sentence without parole for fourteen year olds who committed murder crimes. The two cases follow two previous cases before the Supreme Court. In the case of Roper v. Simmons, it was held that imposition of death penalty on defendants below the age of eighteen violated the eighth amendment. In the case of Graham v Florida, it was held sentencing…
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In Re Gault was the Supreme Court’s “first foray” (Dorsen) into the rights of minors as decided by the Constitution. Fifteen year old Gerald Gault was taken into custody for making lewd comments to a neighbor, over the phone. His parents were not notified and he was not given access to an attorney. He was not notified of his right not to self-incriminate and was eventually convicted as an adult and sentenced to jail until age 21. If he had been tried as an adult, it would have been a misdemeanor. Before this case it was considered that minors had no rights until they turned 18 and were legally considered an Adult. "Under our Constitution the condition of being a boy does not justify a kangaroo court. …Due process is the primary and indispensable foundation of individual freedom. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise…." (Fortas). The supreme court definitely interpreted the constitution correctly because the constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is saying that juveniles accused of a crime must have the same…
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Trying juveniles has been a topic to the public we hear about in the judustrial system. It contains a lot of arguments which has its pros and cons. Considering being a juvenile delinquent you must commit a crime that is under the age of 18. Prosecutors can charge juveniles as adults when they are suspected of violent offenses or crime. Back in time when this happened, this treatment involved the death penalty. As of today it involves being prosecuted through adult courts and incarcerated in the adult jails and prisons. Addressing this topic is important because society is not aware what happened or what is happening to juveniles being tried as adults. After reading this paper, you will learn different offenses juveniles commit and why it leads to being tried as adults. You will know how the death penalty came in effect, ended, and the different cases that happened between times. I will talk about juveniles being prosecuted through adult courts and the benefit of it. Also juveniles being incarcerated with adults and the risks they face. My intention of writing this paper is to get you to know the research I gained from it, and hoping it interest you to do more research on it too. Do convicting a juvenile as adults helps stop crime.…
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