Case Brief Funk vs. United States Supreme Court of the United States 290 U.S. 371‚ 54 S. Ct. 212 (1933) Facts: Funk was tried twice and convicted both times in Federal District Court for conspiracy to violate the prohibition law. In the first appeal to the Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded
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Legal Brief 10/24/11 Citation: Charles T. Schenck v. United States‚ Supreme Court of the United States‚ 1919 Issue: Whether distributing anti-conscription literature during war time is protected under the First Amendment. Relief Sought: Schenck did not want to be convicted of violating the Espionage Act of 1917 so he appealed to the United States Supreme Court. Facts: Charles Schenck was the general secretary of the Socialist Party of America. Socialists believed that the war had been caused
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Goals of Sentencing There are five goals of sentencing: punishment‚ deterrence‚ incapacitation‚ rehabilitation‚ and restitution. Punishment‚ also called retribution is society’s way of getting revenge on a criminal for the harm they have caused. Retribution is society’s way of getting revenge or feeling like they got even with a criminal. In society a crime not only harms the victim of a crime‚ but society as well. A criminal’s injurious actions may outrage society as a whole. This creates the
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If your vehicle becomes involved in a minor fender bender or gets a few small dents from shopping carts or hail‚ the last thing you want to worry about is paying for expensive auto body work. Instead of spending too much money on little dings‚ Cincinnati-area drivers should look into the paintless dent repairs Russ Auto Body & Towing has to offer. With over 40 years of experience as a full-service collision center and body shop‚ Russ Auto Body & Towing prides itself on meeting customers’ needs in
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Alternative Sentencing We need to realize that the current approach to our penal system is failing terribly. Take a group of people‚ take away all of their possessions and privacy‚ expose them to violence‚ overcrowded cell blocks‚ and the result is a group of people intent on getting even with society rather than contributing to it. It is very expensive to house prisoners. There are several other options to deal with nonviolent offenders. Alternative sentencing is finding other ways to deal
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Case Study: United States v. Salerno 481 U.S. 739 (1987) Using your text and the internet‚ in narrative format with a minimum of 500 words‚ outline the case of United States v. Salerno‚ 481 U.S. 739 (1987). Give the facts‚ issue‚ and court holding of the case. In the case of United States v. Salerno‚ Anthony “Fat Tony” Salerno was arrested on charges of numerous RICO violations‚ and detained without bail. This case determined that the Bail Reform Act of 1984 did not violated the Due Process clause
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U.S. Supreme Court UNITED STATES v. NIXON‚ 418 U.S. 683 (1974) 418 U.S. 683 UNITED STATES v. NIXON‚ PRESIDENT OF THE UNITED STATES‚ ET AL. CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 73-1766. Decided By: Burger Court (1972-1975) Argued July 8‚ 1974. Decided July 24‚ 1974. * Defending Attorney for the President: James D. St. Clair Prosecuting Attorney’s for the United States: Leon Jaworski & Philip A. Lacovara On
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Task Four Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence. There are two main courts - Magistrates and Crown Court. Magistrates have less power than Crown. magistrates can sentence up to six months in custody. Crown Courts can sentence longer up to life in prison. An indictable offence is one tried by a jury in the Crown court. When a magistrates court feels that the offence is so serious they cannot sentence accordingly i/e
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Frye v. United States In 1923 defendant James Alphonso Frye was convicted of murder in the second degree and appealed the decision. The defense counsel offered an expert witness to testify on the results of a systolic blood pressure deception test‚ which was the rudimentary precursor to the lie detector. That motion was denied. The defense counsel then offered that another test be conducted in the courtroom but were denied again. The prosecution then argued the “while the courts will go a long
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Prison sentences are too soft in New Zealand to the criminals who commit serious crimes and need to be harsher. In New Zealand criminals who commit serious crimes are handed a prison sentence. I strongly oppose the sentencing of criminals currently. I believe justice should be served more harshly. Presently the New Zealand court system is too soft on criminals who commit serious crimes. In 2012‚ there was approximately 376‚000 recorded offences. This resulted in 196‚000 convictions. That’s just
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