Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
Premium Supreme Court of the United States Appeal United States
A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
Premium Supreme Court of the United States United States United States Constitution
Sheppard v. Maxwell‚ was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant’s right to a fair trial as required by the 6th Amendment. In particular‚ the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife‚ of which he was convicted‚ because of the trial judge’s failure to protect Sheppard sufficiently from the massive‚ pervasive‚ and
Premium Law Supreme Court of the United States Crime
The case of Fare v. Michael concentrates on what the Miranda case law did for an adults 5th Amendment rights‚ but now deals with a juvenile and an added element (Elrod & Ryder‚ 2014). The defendant in this case was 16 years old and had been charged with murder (Elrod & Ryder‚ 2014). The juvenile defendant did not ask for an attorney‚ but did ask for his probation officer as he was currently on probation (Elrod & Ryder‚ 2014). The police denied his request to have his probation officer contacted
Premium Law Miranda v. Arizona United States Constitution
Tatro v. University of Minnesota (2012) involved free speech and human cadavers‚ two topics that naturally incite curiosity. The Mortuary Science Program at the University of Minnesota is a Bachelor of Science program for upperclass undergraduate students. The program’s mission is to prepare students to become licensed funeral directors and morticians. The anatomy course of Mortuary Science Program relies on the generosity of individuals who choose to donate their bodies to science after they have
Premium University Facebook Social media
Ricci v. DeStefano Supreme Court of the United States 129 S. Ct. 2658; 174 L. Ed. 2d 490 (2009) April 22‚2009‚ Argued June 29‚ 2009‚ Decided This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven‚ Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore‚ the White and Hispanic candidates
Premium Supreme Court of the United States United States United States Constitution
Week 2 Case Summary For reference file # 8402 date issued January 17‚ 2013 Indexed as MacDonald v. Najafi and another (No.2) 2013 BCHRT 13 Facts The case I picked was heard on June 18 to19‚ 2012 in front of Murray Geiger Adams who is a member of the tribunal. The claimant is Ms. Macdonald‚ who is a university grad that moved to Vancouver from Calgary. The respondents are Mr. Najafi and his company Sign-A-Rama based in Vancouver. Mr. Najafi’s has adult children and is in his 60’s lived
Premium Discrimination Vancouver
Cepparulo‚ Officers working the street and applying the principles of Graham v. Connor every day may or may not know they are doing it. A generation of officers has been trained in the case’s practical meaning and has spent decades applying it to every use-of-force decision. So it has become part of law enforcement DNA‚ often unnoticed as it works in the background to determine our actions. But now the events in Ferguson give us a rare opportunity to put the application of the Graham standards in
Premium Police Constable Police officer
The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society‚ freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people‚ it is no surprise that the decision had to be ultimately made by the Supreme Court of the United
Premium Education High school School
In the case of Snyder V. Phelps‚ in which the Westboro Baptist Church has been for many years picketing military funerals‚ rights protect the church’s freedom of speech‚ and the freedom of assembly. Although the Supreme Court is basing the decision off of the first amendment right of freedom of speech‚ not only can this case be based on freedom of speech but also the citizens right of assembly. The church believes that American soldier’s deaths should be blamed on the fact that the United States
Premium First Amendment to the United States Constitution Supreme Court of the United States United States