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
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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
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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
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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
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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
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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
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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
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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
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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
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Business Law Kikuchi‚ Nikka Lei N. October 14‚ 2014 Cuadra v. Monfort Case Digest Statement of the facts: I. Maria Teresa Cuadra and Maria Teresa Monfort were classmates in Grade Six at the Mabini Elementary School in Bacolod City. On July 9‚ 1962 their teacher assigned them‚ together with three other classmates‚ to weed the grass in the school premises. While thus engaged Maria Teresa Monfort found a plastic headband‚ an ornamental object commonly worn by young girls
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