national bank was “necessary and proper” for Congress to execute its enumerated powers to coin and borrow money and regulate currency. The federal government also has powers that are explicitly denied to them. These powers include the right to habeas corpus‚ which cannot be suspended unless in rebellion or invasion. Also no bill of attainder or ex post facto law can be passed. State Powers There are powers reserved specifically for the states. These powers are not delegated to the United States
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Research on the Problem In order to understand how the data is collected for an individual when he/she goes through the system‚ it is imperative to understand how the system works and what are the sequence of events in the Criminal Justice System(CJS). Below is the diagrammatic representation of the sequence of events that follow in the CJS. As the scope of our project has been restricted to the Arrest and Pretrial process the focus of our research was these two phases and the decision points
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only appointed counsel for indigent defendants if charged with rape or murder. Consequently‚ when Betts was forced to represent himself in the trial‚ the Maryland judge found Betts guilty and sentenced him to eight years. Betts filed a writ of habeas corpus‚ at the Circuit Court for Washington County‚ stating that the court had deprived him of his Sixth Amendment right to counsel. The Circuit Court rejected Betts’s petition‚ so he filed a similar petition with the Chief Judge of the Court of Appeals
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Anthony Ognibene Close Down Guantanamo Bay When discussing the importance of the Guantanamo Bay criminal detention facility located in Cuba‚ the 39th President of the United States Jimmy Carter stated that‚ “I think what ’s going on in Guantanamo Bay and other places is a disgrace to the U.S.A. I wouldn ’t say it ’s the cause of terrorism‚ but it has given impetus and excuses to potential terrorists to lash out at our country and justify their despicable acts.” President Obama has vowed at the
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THE DEATH PENALTY SHOULD BE ABOLISHED Dating back to the 16th century BC‚ the first historically recorded execution was conducted in Egypt. In those times‚ executions were conducted in numerous ways that ranged from sawing the accused‚ neck lacing (a common practise during the apartheid era in South Africa)‚ burning and flaying (skinning the accused). Now‚ over 3510 years later the death penalty is still a common practice‚ according to Amnesty International‚”95 countries (49%) still have the death
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Death Penalties The death penalty is a controversy discussed by many state governments in the United States‚ the 8th amendment in the Bill of Rights is a right that protects people from cruel and unusual punishment. This amendment originally created by our founding fathers has been the main reason for this debate; some states look at death as cruel and unusual punishment while others don’t. Though the decision to sentence someone to death is considered harsh by some judges and juries
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was found guilty he was eligible for death (capital punishment) . house then filed a pro se petition claiming he had ineffective counsel. He attempted at a second post-conviction appeal but the Tennessee Supreme court held. So house filed for a habeas corpus relief. In 2002‚ the U.S. Supreme Court of Appeals reviewed the case due to new DNA evidence that could prove the innocence of House. The Court of Appeals attempted to transfer the case to the Tennessee Supreme Court but they denied a new trial
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The Texas Court of Criminal Appeals ruled Friday to halt the scheduled execution of a man who did not kill anyone. Jeff Wood was scheduled to be executed by lethal injection on August 24 for taking part in a a convenience store robbery in which store clerk Kriss Keeran was murdered. Yet Wood was not the man who shot Keeran; he was outside the store when his friend‚ Danny Reneau‚ shot Keeran after he refused to give Reneau a store safe. Wood went inside the store after Keeran was shot‚ and was threatened
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in peacetime which does not remove the right for states to form militias are some examples of the denied power to the state. To the national government‚ placing taxes on exports‚ favoring one state to another state‚ and suspending the writ of habeas corpus rights except in times of rebellion or invasion. To both national and state‚ granting titles of nobility or noble titles to any citizen‚ passing ex post facto laws that punish a person for an action that was not unlawful at the time‚ and to pass
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Georgia v. Troy Davis Georgia v. Troy Davis Two days following Davis’s conviction on charges of the murder of Officer Mark MacPhail‚ jury recommended the death penalty and Davis was sentenced to death. Officer MacPhail’s family wasn’t allowed to testify but Davis comment with; “Spare my life‚ just give me a second chance. That’s all I ask. I was convicted for offenses that I didn’t commit.” If the victim was still alive to testify‚ he could have confirmed Davis’s statement or better yet identify
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