In the case US v. Calandra (1974)‚ Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury‚ was what was being question about this case. Calandra felt like because
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Racial inequality has been problematic throughout American history‚ and the most disastrous outcome has been its restriction of democracy. According to W. E. B. DuBois‚ a true democracy stems around an entire population with a colorblind educational system with further emphasis on no arbitrary segregation‚ large citizen participation in the electoral process‚ and no political and economic inequality. It is incredibly apparent that this image of an ideal democracy as yet to be achieved to the constant
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American Court Running head: ARTICLE CRITIQUE PAPER ABOUT THE AMERICAN COURT SYSTEM Article Critique Paper about the American Court System Lonnie Norris Subject: Task: Date: Introduction The article ‘Competency to stand trial and to waive the Sixth Amendment Right to Self-Representation’ explores the mechanisms through defendants in the American court can claim self representation. Ordinarily‚ in the
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to petition the Government for a redress of grievances”. The Supreme Court case Tinker v. Des Moines (1969) is a landmark case that established whether or not students leave their 1st Amendment rights at the school gate. In December 1965‚ Mary Beth Tinker‚ a 13-year-old junior high student‚ gathered a group of students and decided to wear black wristbands that protested the Vietnam War. When asked to take the wristbands
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DEPARTMENT OF AGRICULTURE AND THE CLASS-OF-ONE THEORY OF EQUAL PROTECTION I. INTRODUCTION In 2000‚ a short‚ per curiam Supreme Court decision accepted the “class-of-one” theory of equal protection‚1 permitting an individual in a non-suspect class to claim violations of the Fourteenth Amendment’s Equal Protection Clause.2 While the class-of-one theory articulated in Village of Willowbrook v. Olech‚3 with its focus on individual rights‚ is a logical offshoot of equal protection jurisprudence‚4 the precise
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Virginia v Black Facts: Black was a member of the Ku Klux Klan‚ who burnt a cross on private property. Black states that the cross was burnt to inspire his KKK buddies and that he had no knowledge anyone who might feel intimidated was present let alone could see it. Black was arrested for violating a Virginia statute. Separately‚ O’Mara and Elliott were arrested for violating the same statute after burning a cross in their neighbor’s yard after a dispute. All three men were convicted and
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Sullivan v. State: Is Proportionality Really in the Eighth Amendment? TABLE OF CONTENTS Introduction……………………………………………………………………………………………………………3 General Background and Procedural Information……………………4 Origins of the 8th Amendment and History of Proportionality……………………………………………………………………………………………………4 Capital Crimes and Proportionality: Furman‚ Gregg‚ Coker………………………………………………………………………………………7 The Proportionality See-Saw: Rummel to Harmelin………………9
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United States citizens because of the Supreme Court case‚ Miranda v. Arizona. Miranda was arrested for rape and kidnapping of a woman. Following his arrest‚ he was convicted based on his confession of the crime. Nevertheless‚ the Supreme Court ruled that his rights were violated according to the Fifth Amendment‚ which lead to his release. Reynolds Lancaster and Gina Jones were two authors that pointed importance of rights and issues related to the case Miranda v. Arizona‚ which lead to the Miranda
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their motion of summary judgement. At the bench trial the judge granted Columbia 8.8 million dollars in damages‚ which is about $20000 for each of the 440 episodes. Feltner took the case to the supreme court on the argument that a jury should decide the amount of damages that need to be paid. The court ruled in Feltner’s favor‚ saying that the seventh amendment does in fact grant the right to a jury trial in copyriht infringement cases. “During the trial‚ The irony of it is‚ maybe -- you may be
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This allowed America’s diverse population to have equal access to quality learning. The 1954 Supreme Court case of Brown vs Board of Education ruled that racially segregated schools were unequal. Prior to this ruling‚ schools had separate facilities for the different races‚ as dictated by the Jim Crow laws. Today‚ as a positive result of the Brown
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