Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment…
Amplitude modulation (AM) - the amplitude of the carrier from a transmitter is varied according to the signal against the signal of interest, which is the modulating signal. The frequency and carrier phase are kept constant. An AM signal is very prone to static and other electrical interference.…
Further, the state fails to substantiate that the means serves the end because the devices did not show material improvement in reducing risks of commercial truck accidents. Accordingly, the State fails to meet its burden of proving that the statute serves the State’s purpose to create a safer road system. Since the State fails to meet this requirement, there is no need to determine whether or not reasonable and less discriminatory alternatives are available. Consequently, the State statute violates the DCC and it should be…
The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer, a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation, Aldo was not reliable since his detector certification had expired. Also, the officer did not maintain a record of his field performance alerts. As a result, the respondent contends that Aldo’s alert was false thereby diminishing the validity of probable cause. On the other hand, the State of Florida counters by arguing that probable cause is a flexible common sense standard and requires only a fair probability and not hard certainties. Moreover, the officer who had trained with the dog is the best judge of the dog’s credibility as opposed to the Court’s especially since law enforcement agencies act with good faith. Consequently, defense counsel moved to suppress the physical evidence as the product of a warrantless search without probable cause. The trial court denied the motion to suppress but made no findings. The respondent then appealed to the Florida First District Court of Appeal. They affirmed. Harris v. State, 989 So. 2d 1214 (Fla. 1st DCA 2008). The Florida Supreme Court quashed the lower court decision. Harris v. State, 71 So. 3d 756 (Fla. 2011). The Court scrutinized the case under the totality of the circumstances test established in Illinois v. Gates, 462 U.S. 213 (1983) and concluded that Aldo’s reliability, was not enough to demonstrate probable cause.…
The new Florida rules, patterned after the American Bar Association (ABA) Model Rules of Professional Conduct but stricter in many instances, provide updated ethical standards for attorney behavior and the structure for regulating conduct. Attorneys who violate the rules are subject to disciplinary proceedings brought by the Bar with penalties imposed by the Supreme Court of Florida. Advantages of the new rules include:…
In conclusion, this note will show that the United States Supreme Court is likely to clarify its decision in Harmelin v. Michigan, 501 U.S. 957 (1991), and affirm the decision of the Florida courts to uphold the life sentence.4…
I, Desiree Cramier, write this opinion to support the majority opinion on the case of T.M. v. State of Florida.…
Specifically, Maddox asserted that his right to due process was violated as outlined in violation of the doctrine of Brady v. Maryland by the state 's failure to disclose a photograph taken by the police shortly after the alleged rape showing Elder 's bed neatly made, the results of a police examination of the bedspread which revealed no blood, semen or other fluid, and lastly a written statement by another witness, Brenda Phelps, that Debbie Phillips had stated that she dropped her insurance with Maddox for financial reasons. Maddox appeals the denial of habeas relief.…
Georgia is the most sensible. The reason being is that the Justice’s arguments are clear and not overly fraught with personal/emotional opinion. Their position on the issue was to determine the facts of the constitution and the crimes being committed, as well as which would be deemed fit for capital punishment. While the EU and the Steikers made some valid arguments as well there was just a little too much conjecture for me and the EU had an overabundance of emotion throughout. That being said, no justice system is without flaws. However, anytime you are dealing with a controversial topic, personal opinion and emotions do nothing to help the situation, but instead only serve to aggravate it. The state of our country currently is a perfect example of why emotions and government/politics don’t…
5. What is the main difference between the testimony given by an expert witness and that given by a lay witness?…
The court system was formed to separate the innocent from the guilty when a disparity has surfaced or developed. In the criminal justice system everyone is entitled to a fair and unbiased trial. We will be identifying and describing the distinguishing features of the major court system ranging from state level, superior court and federal district court through the U.S. Supreme Court. Second we will discuss the key players, jurisdiction rules, and interpretation on issues and the effect of evolving technologies on the court proceeding at all levels in the court system.…
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
Two parents, Jenny and Bob Miller, are both well educated and rich. They have two children, James and Andrew, who are both stricken with muscular dystrophy. The prognosis is that their muscular systems will gradually deteriorate, resulting in an early death. Yet the advances of medicine hold out the promise of a possible cure in the foreseeable future with gene therapy. Closer to hand is the possibility that embryonic muscle cells from normal individuals might be injected into people suffering from muscular dystrophy, which could bring about partial relief for James and Andrew. There are risks, however, as with any experimental method, such as the possibility of immunological rejection of the foreign cells.…
A prosecutor's duty is to defer and produce evidence of the crime at hand to the judge and jury so that they can decide an appropriate sentence. According to the case of State v. Stu Dents, there are several charges against the defendant which range from moderate to severe. These charges include homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. The prosecution must attempt to provide accurate evidence to prove the charges against Stu Dents. During this trial, the prosecution will evaluate the laws and statutes of Hawaii, Virginia, Arkansas, North Carolina, and Pennsylvania to determine which state the case is the strongest. The prosecution will examine each of these states thoroughly to provide a better understanding of the charges, which will provide a guideline in determining the best sentencing alternatives.…
Witnesses said Jacobs jumped out with a stick and said he was going to beat them. As the other boys ran, Pierson pulled a pistol and shot Jacobs dead. 5Even if the law is not removed it should be clarified of what is acceptable and what is not. And there’s the major problem with Florida’s Stand Your Ground statute. It is so loosely written that the self-defense claim often is interpreted differently in separate cases. Where one individual is acquitted for feeling threatened enough to shoot and kill another person under the law, the next individual is found guilty for simply firing a warning shot in self-defense.6People take the understanding of this law out of proportion. People who know that they are guilty claims that it is self-defense so that they can get a “get out of jail free…