“UNDUE PROCESS” WRONGFUL CONVICTIONS AND VIOLATIONS OF CIVIL LIBERTIES Latrina Dickerson Master of Arts in Liberal Studies Clayton State University‚ Morrow‚ Georgia February‚ 2013 “UNDUE PROCESS” Wrongful Convictions and Violations of Civil Liberties Abstract: Over the past twenty years‚ advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements‚ a growing body of
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found Paul House to be guilty of murder and sentenced to death was a product of discrimination‚ a violation of constitutional rights‚ and a contradiction of the main functions of the U.S. court system. The courts are compelled to practice the presumption of innocence. However‚ the impression that we get is that he was presumed guilty from the very start. The circumstantial evidence linking House to the murder of Carolyn Muncey may very well have been no different than the circumstantial evidence linking
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Sexual Assault Patterns‚ context‚ definitions: Law reform (’81)– Importance of feminist contributions – significant to reform of law regarding rape. Definitions: Sexual assault (NSW) Unlawful sexual penetration (Commonwealth Criminal Code) Harm – Affront to human dignity Humiliating denial of freedom and equality; Cruel invasion of human privacy (FRASER 1975) Sources of information – Official statistics Victim surveys Discrepancy reveals under-reporting: 14% reported Relationship
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The new Dangerous Prisoners (Sexual Offenders) Act (2003) In Queensland permits prisoners to be kept in prison beyond their release date where a court finds that there is a high degree of probability’ that they represent a serious danger to the community’. Other jurisdictions have enacted similar legislation to restrict the release of prisoners assessed to be dangerous. Do you think that dangerousness legislation of this sort is justified or unjustified? Several states across the Country have
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Martha Stewart living Omni media would see a negative impact because it was associated with ImClone‚ so she sold some of her shares and because of that she was charged with manipulating the price of the stock of he own company. But by expressing her innocence that was charge was later thrown out (McGee‚ 2008). Ultimately she was guilty for everything‚ but the primary legal issues were from Stewarts conspiracy to defraud the investigators. The verdict‚ “ Martha Stewart was convicted of conspiracy and obstruction
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White-Collar Deviance John O. Temple Jr. SOC 443 Christina Scott November 2011 White-Collar Deviance So what is white-collar crime? According to the Meridian-Webster dictionary the word white is a stereotypical association of good character‚ marked by upright fairness‚ free from spot or blemish‚ free from moral impurity ‚ innocent‚ marked by the wearing of white by the woman as a symbol of purity‚ not intended to cause harm‚ a white lie‚ favorable‚ fortunate. And there is the infamous
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(document H). Their liberties as English citizens were being denied. Radical Whigs would go as far to say it was a conspiracy because when one was tried for disobeying the Stamp tax one would be tried in Admiral Courts‚ which did not have presumption of innocence. Other Americans were reluctant revolutionaries‚ they wanted the tax removed‚ but‚ they did not want to secede from Britain. When a colonist served in the army‚ they were not allowed to be anything higher than a Colonel.
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and seizures‚ shall not be violated‚ but upon probable cause.” This is unreasonable search and seizure‚ breaching the 4th amendment protections against such abuse. This treats people like they are guilty until proven innocent‚ reversing the presumption of innocence which is the basis of our democratic society (Norris‚ n.d.‚ para
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fundamental in criminal law. Ashworth and Blake consider that out of 540 serious offences dealt with in Archbold‚ 123 had a strict liability element. They comment that if parliament is free to impose strict liability when it wants to then the presumption of innocence rings hollow. There are also many other cases that show that imposing strict liability may cause unjust and harsh decisions‚ and in many cases it is unclear whether an offence is considered to be a strict liability offence. These cases include;
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ASSIGNMENT UNIT 8 – DIFFERENCES BETWEEN CIVIL AND CRIMINAL LAW [Your Name] [Professor Name] [Course Number & Course Name] [University/ College Name] Good day readers. Thru this essay‚ I will try to explain and point out the differences between Civil and Criminal Cases. The legal system used in the United States is based on common law and is divided into criminal law and civil law. The Civil law and Criminal law are two broad and separate entities of law with separate sets of laws
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