The Supreme Court: Mccleskey V. Kemp
The Supreme Court is a part of the judicial branch of the United States government. They decide criminal and civil appeal cases that involve federal law. They also make sure that a law that congress or the president proposed is constitutional. There are nine Supreme Court judges. They have made decisions on racial segregation issues all the way to woman’s rights, including voting laws. One case in particular, McCleskey v. Kemp, was decided in The Supreme Court. Mccleskey v. Kemp was wrongly decided by the Georgia courts and then also by The Supreme Court, in which they decided that it did not violate the Eighth and Fourteenth Amendments of the Constitution. McCleskey v. Kemp was one of the few cases to reach the high level of impact that this …show more content…
Powell. The Supreme Court ended up deciding that since McCleskey could not prove that purposeful discrimination which had a discriminatory effect on him existed in this specific case, there was no violation of the Constitution. Justice Powell refused to apply the statistical study in this case because of the unique circumstances and nature of the decisions that faced all juries in capital cases. Powell argued that the study that McCleskey showed would have been best if it was presented to legislative bodies and not the courts (McCleskey v. Kemp, 2017). In my opinion, I believe that this was a wrongdoing by The Supreme Court. I believe that the death penalty does break the Eighth Amendment. The death penalty, in my eyes, is always a cruel and unusual penalty. With that, I believe that the Fourteenth Amendment was broken in this sentencing too. This is because, if the victim was an African-American, then the sentencing would have been different. Same as if the offender was white and the victim was black or white. During these times in America, people still did not like the presence of African-Americans in our country. So if they did something wrong, they would get a harsher penalty. I am not the only one who believes this …show more content…
McCleskey v. Kemp is referred to today in cases related to this one. It also helps in decision making when it comes to cases of this type. Mccleskey v. Kemp was about a black man from Georgia who was sentenced to death for killing a white cop in a furniture store robbery. The Supreme Court decided that the case did not violate the Constitution in a 5-4 ruling. I believe however, and many others, that they are wrong and the death penalty and the whole situation of a black killing a white is violation of the Eighth and the Fourteenth
Supreme Court Case: Riley Vs. California
1346 Words | 6 PagesRiley v. California in 2014 was a case in which the United States Supreme Court argued whether the police has the right to search and seize digital content without a warrant, from individuals who have been arrested. So, the main question of the case was whether the evidence admitted at trial from Riley’s cell phone violated his Fourth Amendment right. The court ruled, by a unanimous vote that a warrantless cell phone search during an arrest is unconstitutional. On August 22, 2009, the police stopped David Leon Riley for driving with an expired registration tag.
Korematsu Vs. USpreme Court Case Study
123 Words | 1 PagesKorematsu vs. US: The supreme court case of Korematsu vs. US was during ww2 and shortly after the attacks on pearl harbor. The supreme court decision was 6-3 in Korematsu 's favor, the impact showed that it was a violation oft he 14th amendment which said that everyone had equal protection under law. Plessy vs. Ferguson: The supreme court case of Plessy vs. Ferguson was the case that made segregation legal, the phrase during that time was "Separate but equal.
Summary Of Morgan V Sate
782 Words | 4 PagesCitation: Morgan v Sate, 537 So. 2d 973 (Fla. 1989) Facts: James A. Morgan, the appellant, who at sixteen was diagnosed as organically brain-damaged and brain-impaired, murdered the elderly woman with whom he was employed to perform manual labor. Morgan is described as a teenage alcoholic, who since the age of four sniffed gasoline on a regular basis.
Case Brief Of Gideon V. Wainwright
856 Words | 4 PagesFacts of the Case/Question: A jury found Gregg guilty of armed robbery and murder, then sentenced him to death. During appeal, the Georgia Supreme Court confirmed the death sentence, except it could not be used because of the robbery. Gregg challenged his death sentence for murder by claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. This case also settled several other cases.
Supreme Court Case Of Texas V. Johnson, By Gregory Lee Johnson
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The Supreme Court Case Of Roper V. Simmons 543 US 551
593 Words | 3 PagesIn reviewing the Supreme Court case of Roper v. Simmons 543 U.S. 551 (2005), we review the allegation of the violation of the Eighth Amendment in the trial court’s use of cruel and unusual punishment in its sentencing of Christopher Simmons; who was a juvenile at the time of the crime; to a sentence of death. In reviewing the facts of the case, we find that Christopher Simmons, then 17 and a junior in high school, along with Charles Benjamin and John Tessmer, planned the commission of a burglary with the intent to commit murder under the perception that they were minors and as such would be able to get away with the crimes. Upon his capture, Simmons, admitted to the crimes and provided law enforcement with the details of the crimes. Because of his age and the nature of the crime, Simmons was considered to be
Furman V. Georgia Case Study
941 Words | 4 PagesHenry Furman murdered someone while robbing their home and was sentenced to death. He appealed his punishment and this court case went all the way to the supreme court. He won the case in the supreme court now there are regulations for death sentences. Although he won his case, I strongly agree with Georgia and that punishment for murder should be a death sentence. There are many reasons I believe so.
Chicago Executive Branch
828 Words | 4 PagesThe supreme court is in charge of defending the Constitution and will take court cases that are important to U.S. laws. The court cases have to have great importance. Supreme Court members are chosen by the President, and approved by the Senate. There is no yearly term limit for judges on the Supreme Court. There are 9 Supreme Court Judges
Plessy Vs Kraemer
567 Words | 3 PagesThe supreme court has made many decisions to impact civil rights: Plessy vs. Ferguson, Shelley vs. Kraemer, and Loving vs. Virginia. http://www.brainyquote.com/quotes/quotes/a/andrewyoun574910.html#Q85p26MiKPp7yZDL.99 To begin with, Plessy vs. Ferguson was about a law that required that public places needed to serve colored people separately. Restaurants, theaters, etc. had to serve colored people separately. Tourgée argued that the law requiring separate but equal accommodations was unconstitutional. "
1960s Dbq Essay
918 Words | 4 PagesMaya Angelou once said, “Prejudice is a burden that confuses the past, threatens the future and renders the present inaccessible.” She meant that when prejudice was a major issue in the past it can still threaten our future and leaves the present to the new generations. Leaves the prejudice, racism and current issue to us, lets us do the changing in the world. During the Civil Rights Movement during the 1960s people have been prejudice and have been changing the way the world was at the time. While doing this, racism was forming and more current issues started.
Does The Death Penalty Violate The 8th Amendment
405 Words | 2 PagesThe death penalty has been significantly changing according to these six cases: Atkins v. Virginia (2002), Roper v. Simmons (2002), Kennedy v. Louisiana (2008), Graham v. Florida (2010), and Miller v. Alabama (2012). These six cases discuss the “evolving standards of decency”. The “evolving standards of decency” state that the implementation of the death penalty is deemed unconstitutional for certain circumstances, defendants, and crimes. When implementing this test, the courts analyze the most prevalent opinions among the different state legislatures, judges, sentencing juries, and the general public in order to determine whether the use of the death penalty is cruel and unusual.
What Are The Three Branches Of Government
438 Words | 2 PagesUnder the Constitution of the U. S. A. there are three distinct and separate branches of government. They are Executive, Legislative and Judicial. I cite this, because the criminal justice system gets it power and model from the constitution. The Legislature writes a law and enacts it, the executive branch has the power and duty to enforce the law and the Judicial reviews the law to ensure it is constitutional. That is the function of the Supreme Court, they are a group of Justices selected by the Executive branch (president) for a lifetime appointment, then reviewed and approved by the legislative branch or disapproved, and there are a total of 9 Justices including the Chief Justice.
The Judicial Branch
1514 Words | 7 PagesThe Judicial Branch incorporates the Supreme Court, the most noteworthy court in the United States, as well as other government courts. The judges of the Supreme Court are selected by the president and must be endorsed by Senate. Federal cases, such as Marbury vs. Madison, made the Supreme Court "a separate branch of government on par with Congress and the" executive branch (McBride, 2007, P.1). The motivation behind this case was to affirm the power of the Supreme Court to survey law, to figure out if or not that law is sacred, and to set up the check and offsets. We see these techniques existing today in our nation, in light of the fact that every branch can check the other to keep one branch from turning out to be too intense from the others, as legal over official can pronounce official activities illegal, official over legal can select Supreme Court judges, Legislative over Judicial can change the size of government court framework and the quantity of Supreme Court judges, and so on.
Colorblind Historical Analysis
188 Words | 1 PagesThe total cases of death penalties sentenced were XXX with 10% of total homicides being interracial killings, approximately XXX number of deaths. The chances of the justice system unlawfully putting racial prejudice onto its trials are XXX. Further analysis
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1010 Words | 5 Pages“There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest”. - Elie Wiesel. The bias present due to race and because of that the injustice for Emmett Till. This trial is important because it wasn’t about the murder of Emmett Till, it was about the two sides of race between both parties when it shouldn’t have been like this. After Emmett Till wolf whistled at Roy Bryant’s wife Carolyn, Bryant and friends went to Moses Wright house.
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