Gideon v. Wainwright – 372 U.S. 335 (1963) Keilah Herring Kaplan University PA 260: Criminal Law Professor Chiacchia March 6‚ 2012 Gideon v. Wainwright – 372 U.S. 335 (1963) Clarence Earl Gideon was charged with a felony under Florida State Law. He allegedly broke into a poolroom with the intent to commit a misdemeanor‚ thus making it a felony. Mr. Gideon was indigent and asked the court to appoint counsel for him. The court stated that because Gideon was not charged with a capital offense
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Case Brief I – Hamer v Sidway Without a complete and detailed background‚ Hamer v Sidway involved an uncle promising his nephew a lump sum of money if the nephew could refrain from drinking alcohol‚ smoking‚ swearing‚ and gambling until his 21st birthday. The nephew fulfilled his end of the promise‚ and the uncle acknowledged that the nephew had rightfully earned the money but asked if he could hold the money in the bank until the nephew was responsible enough to care for it. The uncle died
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Brown v. Louisiana During the 1960’s‚ many African-Americans believed that civil rights should become a national priority. Young civil rights activists brought their cause to the national stage and demanded the federal government assist them and help resolve the issues that plagued them. Many of them challenged segregation in the South by protesting at stores and schools that practiced segregation. Despite the efforts of these groups and Supreme Court rulings that ordered the desegregation
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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�PAGE � Marbury v. Madison Introduction The case "Marbury v. Madison began on March‚ 1801‚ when a Proponent‚ William Marbury‚ was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams’s administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their
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Case Brief Miranda v. Arizona Citation: 384 U.S. 436‚ 10 Ohio Misc. 9‚ 86 S. Ct. 1602‚ 16 L. Ed. 2d 694 (1966) Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution. Synopsis of Rule of Law: Authorities of the Government must notify suspects of their Fifth Amendment constitutional rights prior to an interrogation following an arrest. Facts: The Supreme
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Jessica Feeney Paralegal 246 Monday / Wednesday 7 – 10:10pm People v. Green 163 Cal.App.3d 239‚ 205 CalRptr.255 (Cal App 2 Dist. 1984) Facts: The defendant Vencil Green was charged and convicted of 12 felony offenses. The defendant used a gun to commit robbery and kidnaping for the purpose of robbery. At trial court the defendant presented expert testimony that the defendant’s history of heavy usage of PCP and other illicit drugs that has affected his brain and his ability to have committed
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ALLOCATION OF UNIFORM MARKS IN GCSE (APPLICABLE FROM JUNE 2010) What is a UMS? The Uniform Mark Scale (UMS) is used in unitised specifications as a device for reporting‚ recording and aggregating candidates’ unit test performances. Why do we need the UMS? In a unitised specification candidates may take units at different stages during the course and may retake units before certification. Each exam paper is unique‚ and so the difficulty of exams may vary slightly from year to year. Senior
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Missouri v. McNeely (2012) I. Facts A Missouri police officer stopped Tyler McNeely after observing it exceeding the posted speed limit and repeatedly crossing the center line. The officer noticed McNeely’s bloodshot eyes‚ his slurred speech‚ and a smell of alcohol on his breath. McNeely performed poorly on a battery of field sobriety tests‚ and he declined to take a Breathalyzer test. When McNeely indicated he refuse a breath sample for testing‚ the officer took him to a nearby hospital for
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------------------------------------------------- CASE ANALYSIS REX V MCDONALD AND MCDONALD St Qd [1904] 151 ------------------------------------------------- INTRODUCTION In order for criminal liability to be placed‚ an accused must not only commit a specific act but also a breach of a duty concerned1. This concept was brought to the forefront in the case of R v McDonald and McDonald St R Qd [1904] 151. The Supreme Court of QLD2 was called to consider the case of Angus and Flora McDonald‚ appealing against
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