The rights of Dwight Dexter were not upheld in the United States criminal justice system. The rights that were not upheld include the fourth, fifth, and sixth amendment. Because of the rights that were violated, it is believed that Dexter should have another trial. The fourth amendment right of Mr. Dexter was violated. The Fourth Amendment clearly states that the police must have a warrant to search a someone’s home and personal belongings. Though the police had probable cause, the murder they intended to find could not be located in Mr. Dexter’s car. The police and investigators searched Mr. Dexter’s car without obtaining a search warrant because they did not have enough time to get one. In the car they found a gun that did not relate to the …show more content…
Dexter’s Fourth Amendment right, his Sixth Amendment right was also in violation. This amendment is to ensure that the accused has the right to a fair, speedy, and public trial, by an impartial jury. In Dexter’s case, he did not have the enjoyment of an impartial jury. In Exhibit B, Document One, all African American jurors were stuck from the jury. Making the jury made up of only white people. Due to the race of Dwight Dexter, it is believed that the jury could have had a bias against him. The jury is to be made up of all races, the prosecution cannot strike one because of their race, proven in Bataan v. Kentucky. Finally, the Sixth Amendment says that the accused must have adequate council. Dwight Dexter was provided with unorganized and unprepared council. Throughout the trials, his council proved to be inadequate. He admitted to the judge that “he had not visited the crime scene, viewed the crime scene photos, or even looked at the prosecutions witness list”. The counselor had not done anything to help or defend Mr. Dexter. The attorney did not even call witness on to the stand to help his case. The landmark case Strickland v. Washington supports the violation of the Sixth Amendment because the court upheld the defendant’s conviction when his rights were violated by his attorney who did not provide enough evidence to defend him properly. Much like this case, the death penalty was on the
Under the Sixth Amendment. The Sixth Amendment guarantees a criminal defendant the right to impartial jury. The jury will consider the evidence against the defendant and decide whether to find him or her guilty of the crime. Twelve jurors must agree in order to find a defendant guilty or not guilty. If the jury fails to reach a unanimous verdict and finds itself at a standstill, the judge may declare a mistrial.
According to the Fourth Amendment, a person has rights against unreasonable searches and seizures, any search in the Plaintiff home beyond his person and the area within his immediate control is unreasonable. (2) When the police officers arrested Chimel and search him, this all was legal, but when they started searching the house, this was illegal. They should have gone back down to the station and attain a search warrant to search the house for evidence. Therefore the evidence that was seized should be suppressed because they did not have a search warrant.
1. Gideon’s sixth amendment under the constitution was violated which stated that requires the state courts to provide attorneys to criminals who cannot afford their own. The Supreme Court ruled that Gideon’s amendment was violated. Though his offense was serious he was still supposed to be allowed to have someone to defend him it was one of his rights. The Court stated that the states were to follow the sixth amendment of someone because under the fourteenth amendment “Due Process Clause” applies the main points of the bill of
Gideon v. Wainwright( 1963, 9-0 Vote Decision) Facts of the Case/Question Clarence Earl Gideon was charged in Florida state court with a felony because he broke into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court, Gideon requested that the court appoint a lawyer for him because he did not have one. However, according to Florida state law, an attorney may only be appointed to a needy defendant in capital cases, so the court did not appoint one. Gideon represented himself at the trial. He was found guilty and sentenced to five years in prison.
The only information the officers were given was shots fired but, Deputy Murphy’s comment “if I have to go in there myself I’ll charge him with anything I can find” Is over the top and unnecessary. He didn’t know what the situation was I think the officers were right to enter his house to make sure anybody in the house is ok. Since the only information they had was shots fired the officers messed up when he took the mans keys to get into his gun safe that’s when his 4th amendment rights were violated.
On August 4, 1961 Clarence Earl Gideon was arrested for stealing money and drinks from a pool house in Florida. When he was arrested he was tried for his crimes. The 6th amendment states that if a defendant is too poor to provide a lawyer than he should be provided one by the Court, but Gideon was not given a lawyer. He was not given a lawyer because it says in the Florida law that lawyers are only provided in big felonies, not misdemeanors. So Gideon should have been provided a lawyer and was not.
Throughout history the United States Supreme Court has upheld laws and even struck them down when it came to the constitutionality of a law. In the case of Strickland v Washington, the Supreme Court upheld the Sixth Amendment and said that the right to counsel means the right to competent counsel and if the attorney is not competent than the result of the trial is invalid. In the cases, starting with Powell vs. Alabama (1932), Johnson vs. Zerbst (1938), and Gideon vs. Wainwright (1963) the Supreme Court has recognized the sixth amendment right to counsel does exists. They stated that it is important for the criminal to have right to counsel to ensure that their fundament right to a fair trial is upheld.
It is noted that for more than 20 years, the jury in Texas was only made of the whites who gave little chance for people of other races to receive fair treatment and justice in case they were charged. Additionally, despite the enactment of the Fourteenth Amendment which allowed freedom and fair treatment for everyone, the other races who were not white did not receive the fair treatment and equality as they deserved.
Terry v. Ohio or “Stop and Frisk” or “Terry Stop” or “Pat Down”, how about we call it the “McFadden”. There are tens of thousands of people that do not really care what we call it. Maybe, we name it after one of them? However, the Supreme Court’s monumental case law, “Terry v. Ohio”, has saved tens of thousands of lives. Furthermore, this court ruling has aided the law enforcement with their first priority, which is “protect”, moreover, this ruling has aided with the second priority, which is “serve”.
1. A) In the first episode of this very interesting show, I was able to identify the key victim(s), transgressor, perpetrator, and investigator. First, I believe that Dexter Morgan is the key transgressor in the first episode because the plot revolves around him from the opening scene on the boat to the end of the episode.
The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
Fracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.
The Sixth Amendment right states that a Criminal Defendant, Miranda, has the right to a public trial with unnecessary delay, the right to a lawyer, the right to an impartial jury,
It can be argued that the jury was not a proper representation of his peers. Along with other factual errors surrounding Dixon’s false conviction,
In the case Maples v. Thomas in 2012, Cory Maples was found guilty of murder and sentenced to death in Alabama. In 2001, he sought post-conviction relief in court. He said that his attorneys failed to give him proper representation that is guaranteed by the 6th Amendment. The 6th Amendment states, “Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.” Maples felt as if his attorneys were not helping him in his trial.