Case Brief Miranda v. Arizona Citation: 384 U.S. 436‚ 10 Ohio Misc. 9‚ 86 S. Ct. 1602‚ 16 L. Ed. 2d 694 (1966) Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution. Synopsis of Rule of Law: Authorities of the Government must notify suspects of their Fifth Amendment constitutional rights prior to an interrogation following an arrest. Facts: The Supreme
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------------------------------------------------- CASE ANALYSIS REX V MCDONALD AND MCDONALD St Qd [1904] 151 ------------------------------------------------- INTRODUCTION In order for criminal liability to be placed‚ an accused must not only commit a specific act but also a breach of a duty concerned1. This concept was brought to the forefront in the case of R v McDonald and McDonald St R Qd [1904] 151. The Supreme Court of QLD2 was called to consider the case of Angus and Flora McDonald‚ appealing
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Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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Virginia v. Moore 272 Va. 717 Facts: The day was February 20‚2003‚ in the city of Portsmouth where two Portsmouth police officers had pulled a vehicle over who was driven by David Lee Moore. While listening to police radio they had heard that the man they pulled over who went by the nickname “chubs” was driving on a suspended license. The officer’s soon determined that chubbs was indeed driving on a suspended license. The officers who made the stop arrested chubbs for the misdemeanor of driving
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Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison‚ who evaded charges under the act that would provide a victim‚ Christy Brzonkala‚ of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This case was properly decided --- the statute off of which Antonio Morrison was getting sued was unconstitutional
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FURMAN V. GEORGIA In the history of Georgia‚ as well as in the rest of the United States‚ execution‚ or what is better known as the death penalty‚ was the result of a defendant found guilty in such crimes as murder and rape. In 1972‚ in the case of Furman v. Georgia the U.S. Supreme Court placed a moratorium‚ which is a delay or suspension of an activity or law‚ on the sentencing of Furman for capital punishment. They made the decision to end it in 1976‚ with the case of Gregg v. Georgia. Several
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1. Name of the Case: Linda W illiamson v. City of Houston‚ Texas‚ 148 F.3d 462‚ 1998. 2. Facts: In 1990‚ Linda Williamson‚ a police officer with the City of Houston Police Department‚ was assigned to the Organized Crime Squad. Officer Doug McLeod‚ another member of this squad‚ began sexually harassing her on a daily basis and this behavior lasted for approximately 18 months. The harassing behavior occurred in front of other police officers‚ including the officers’ supervisor‚ Sergeant Bozeman. McLeod’s
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Brown v. Louisiana During the 1960’s‚ many African-Americans believed that civil rights should become a national priority. Young civil rights activists brought their cause to the national stage and demanded the federal government assist them and help resolve the issues that plagued them. Many of them challenged segregation in the South by protesting at stores and schools that practiced segregation. Despite the efforts of these groups and Supreme Court rulings that ordered the desegregation
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Marbury v. Madison is viewed as the most important case in the U.S. Supreme Court history. The important constitutional principle that was established by U.S. Supreme Court‚ was to use the idea of “Judicial Review”‚ which is the power of federal courts to void acts of Congress in conflict with the Constitution. Under Justice Marshall‚ the court began its ascent as equal in power to the congress and president. Jefferson as the new president‚ did not want appointees from the opposing party taking the
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matters of private concern‚ or focuses upon persons who are not "public figures" is less stringently protected.” (Taken from LexisNexis‚ Esposito v SFX case) 2. What court decided the case in the assignment? (2 points) Supreme Court of New York in 1996 & the Supreme Court of New York‚ Appellate Division in 1997 3. Briefly – state the facts of this case‚ using the information found in the case in LexisNexis. (5 points) Mrs. Esposito’s bridal photo was published in a newspaper alongside other brides
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