May it please the court that the State of Louisiana violated the first and sixth amendments on the grounds of the Zeitoun vs State of Louisiana case. Zeitoun believes he was unlawfully discriminated against due to his race and religion, and imprisoned without a proper trial, kept in cruel and unusual circumstances, and his dietary restrictions were not met. Is it not stated in the first amendment that congress will make no law respecting the establishment, or prohibit the free exercise of a religion? If this is not in the amendment please correct me but I believe it is, and the government forces who put Mr. Zeitoun through much trouble and arrested him are in the wrong. Mr. Zeitoun says that he was mocked when he prayed and they said he was
McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.
Laura Richart S. DioGuardi Criminal Law & Procedure 22 September 2016 CJ2300 Assignment 1: Case Brief Case: Korematsu v. United States, 323 U.S. 214 (1944) Procedural History: Fred Korematsu was a Japanese- American who was sent to an internment camp following the enactment of Executive Order 9066 in 1942. This executive order required that all Japanese- Americans, some Italian- Americans, and some Jewish refugees be taken from their homes and placed in internment camps around the United States, with many being on the West Coast. This was in response to the attack on Pearl Harbor and was intended to prevent supposed espionage. Korematsu refused to transfer from the original camp in Manzanar, CA that he was placed in and was arrested and
Korematsu v. United States was a controversial landmark decision ruling by the United States Supreme court. Fred Korematsu was a Japanese-American living in California, he was ordered to refuse to leave his city after the Japanese internment camp. After the World War II, President Franklin D. Roosevelt issued the Executive Order 9066 and Congressional decree gave the military power to exclude citizens of Japanese descent from areas deemed critical to national defense and may be vulnerable to espionage. On May 3, 1942, Fred Korematsu stayed in California and violated the US Army Civilian Executive Order No. 34. This supreme court case has an importance of interpreting the constitution and the different perspective of interpreting the constitution based on a person’s own political background and beliefs.
According to Dent v. City of Dallas, the court ruled that police officers performing discretionary duties in good faith and acting within the course and scope of their employment are immune from personal liability under the doctrine of qualified immunity. The question that is presented in this situation is whether or not the police officer was acting within his course and scope of his employment. As a nation we have endowed our police officers with the right and authority to enforce the laws on whom they choose. Whether or not we reach the realization to this reality however is another story. The police officer has to use his ability on whom to arrest and not arrest responsibly because his actions do affect society.
Although current law does not distinctly define TBIs according to mens rea or diminished capacity, a possible defense that may appropriately be applied to criminal cases is the law as it relates to mitigating circumstances in sentencing. The Florida case of Cooper v. State (1999) is just one of very few cases in the country that seemingly acknowledges the fact that recurrent or traumatic head injuries may be a mitigating factor to criminal behavior. The defendant, Albert Cooper, was arrested and charged with first-degree murder, armed robbery with a firearm, and armed burglary with a firearm after him and his partner, Tivan Johnson, killed the owner of a local pawnshop, Charles Barker, after robbing the location on May 25, 1991. The court ultimately found Mr. Cooper guilty as charged, which made him eligible to receive
When trying to support my argument about legal doctrines being shaped by race during this time period the case of Korematsu v. United States has to be talked about. At the beginning of WWII President Roosevelt issued Executive Order 9066, giving the U.S. military the right to ban thousands of Japanese-American citizens from areas thought of as critical to homeland security. Thus, setting up ‘interment camps’ to hold the Japanese for the duration of the war. Mr. Korematsu did not follow suit and decided to stay home in the state of California. The upholding of Korematsu’s conviction by the Supreme Court showed not only how threatened the country felt about Japanese immigrants but also put into question how equal everyone truly was in America.
Korematsu v. United States On December 7, 1941, Japanese forces lead an intensive bombing raid on a US military naval base in Oahu, Hawaii, west of Honolulu. The results were devastating with thousands dead and the US Pacific fleet almost crippled. America was astonished and afterwards, outraged. Mistakes in the Japanese bombing raid allowed the US Navy to rebound relatively quickly and effectively fight back Japanese forces.
The court case of State of Nebraska v. Gary E. Heitman deals with the conviction of Heitman on charges of criminal conspiracy to commit first degree sexual assault on a minor. “Heitman contends that the evidence was insufficient to convict and that he was entrapped” (Heitman p.1) while the court concluded that “there was sufficient evidence to support the conviction” (Heitman p.1) and “further determined that the district court was not clearly wrong in finding that Heitman was predisposed to commit the crime and that thus, the district court was correct in rejecting his entrapment defense.” (Heitman p.1). I agree with the court’s rejection of the entrapment defense based upon things discussed in other entrapment cases and ideas brought up by
In the aftermath of the bombing of Pearl Harbor in December 1941, President Franklin D. Roosevelt issued Executive Order 9066 on February 19, 1942. The order was a “protection against espionage and against sabotage to national defense material, national defense premises, and national defense utilities.” The order also allowed for military commanders to define military areas at their discretion. Congress also passed a law in conjunction with the order to penalize anyone who violated the imposed restrictions.
Kendall Kramer Case Brief #1 Kyllo v. United States (2001) 533 U.S. 27 (2001) Judges Judges involved in this case included Rehnquist, O’Connor, Scalia, Stevens, Kennedy, Thomas, Ginsburg, Souter and Breyer. Opinion judges included Scalia, Souter, Thomas, Ginsburg and Breyer. Dissenting judges included Stevens, Rehniquist, O’Connor and Kennedy.
Dissenting opinion for Johnson Is there any sort of consequences to someone if they burn the American Flag? In the U.S Supreme Court case “Texas v. Johnson”, Johnson was jailed by the start of Texas due to the desecration of the American Flag. The U.S. Supreme Court accepted his case, and the majority opinion of the case decided it was not a criminal offence to burn a flag because of the First Amendment. We the dissenting opinion believe that the burning of the American Flag should be a criminal offence.
Gregg Vs. Georgia Leon Gregg was found guilty on two counts of murder and two armed robberies. After being being convicted to the crime Leon Gregg was sentenced to death penalty,two groups argued over this case, petitioners and. respondents. The petitioners argue that the death penalty was cruel and inhuman, it violated the 8th amendment, and they believe he was sentenced to death because of his race.
Polk County’s school system dates from the 1860’s, when Jacob Summerlin established the Summerlin Institute in Bartow, the seat of county government. In 1893, the Institute became the public school of Bartow then the leading education center of Polk County. South Florida Military Institute was founded in 1894 in temporary quarters by General Evander McIvor Law, a confederate veteran. Enrollment was statewide, and the school received partial funding and was brought into the state’s school program. Homeland’s School had one room, one teacher, nine grades, forty-nine pupils in 1905.
1 a. Louisiana law states that to get a legitimate name change in Louisiana, a candidate must present: a request to the court, no distribution is required. People who have a lawful offense conviction may change their name once the sentence has been fulfilled, with the exemption that people who have a lawful offense conviction for a vicious wrongdoing are not allowed to change their name. (La. Rev. Stat. Ann. §§ 13:4751 to 13:4755).
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.