Case 442 U.S. 707 Fare v. Michael C. February 27, 1979 through June 20, 1979. This case involves Michael C., a sixteen year old juvenile, brought to the police station in California by Van Nuys police on a murder investigation. The juvenile was read his Miranda prophylactic protection rights before being questioned; he requested to speak to his probation officer but was denied. Michael agreed to speak with the officers and also waived his rights to counsel. While doing this, he brought forward incriminating statements against him that in return, the juvenile landed himself in court on a murder trial.
On December 23, 1981, Thomas Sophonow, a Canadian man, was wrongfully accused of murder. 16 year old Barbara Stoppel was ruthlessly killed at the washroom of her workplace. Unfortunately, eyewitnesses mistakenly chose Mr. Sophonow as being the murderer. Eye witnesses stated that a man, whose appearance was very similar to that of Thomas Sophonow, locked the door and made his way to the back of the shop where he was presumed to have strangled Barbara Stoppel to death. Furthermore, while Thomas Sophonow was in custody, he showed an undercover officer a door locking technique.
Prior to the case of Gideon v. Wainwright, defendant Clarence Earl Gideon was charged with breaking and entering in the state of Florida. This crime is a felony according to Florida state law. Unable to pay for defense counsel, Gideon requested that the court grant him one for free. The court denied Gideon his request of being granted defense counsel. The court stated, “Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person charged with a capital offense.”
Application: In the case of Betts v. Brady, Betts was brought to trial on robbery charges and, like Gideon, could not afford an attorney and was refused to be provided with one. He, too, was forced to represent himself and found guilty. While serving his sentence, the Betts filed a petition for a writ of habeas corpus, with the circuit court, claiming he had been deprived the right to assistance of counsel, guaranteed by the Fourteenth Amendment of the Constitution. His initial petition was rejected, and then he filed a petition for a writ of habeas corpus with the Chief Judge of the Court of Appeals of Maryland, again asserting he was denied his Fourteenth Amendment constitutional right to be represented by
Once again, Barker filed a motion to dismiss the indictment stating that his 6th amendment right to a speedy trial had be violated, but his motion was denied and was given a life sentence. Barker then filed an appeal against his conviction and this time the court affirmed, followed by a petition for habeas corpus, which was rejected. In the appeal trial, the Sixth Circuit Court of Appeals agreed with the District court in ruling that Barker had waived his right to a speedy trial since he showed no interest in his trial being postponed and did not object to his continuances. The court also held that no prejudice resulted and that the delay reasons were
The District of Columbia courts needs to waive and remit before he is able to be tried. At this time there was a motion filed to have him receive the case waived. The judge filed for a ‘full investigation’, which lead to Kent’s case being waived from the juvenile courts. He was then tried in the District Court. The jury found Kent guilty of six counts of housebreaking and robbery.
(Justia, n. d.) Therefore, Scarpelli was released from prison in Wisconsin and was paroled to a federal detainer. The U.S. Supreme Court ruled that probation cannot be revoked unless some aspects of the due process are observed when considering removing a probationer from probation. Therefore, following the rights and procedure must ensure that the probationer is informed or given written notice of a hearing and can attend the hearing to present evidence on his or her behalf, which entitles testimony against the probationer; therefore, confronting witnesses and the cross-examination of the witnesses. (Latessa & Smith, 2011)
This posed two main Constitutional questions: Do non-capital felony defendants still get the sixth amendment?s right to counsel in state courts? Should all states have to provide counsel in their courts for indigent defendants just as federal courts do, no matter what type of case it may be? (Street Law, 2012) The case of Gideon v. Wainwright helped bring into light and define the full rights of the accused. Through dealing with the sixth amendment and the Due Process Clause of the Fourteenth Amendment, it focused on the key aspect of appointing counsel for any defendant, and made one way our country handles criminal justice synonymous between state and federal
Charged in the murder of a local boxing legend, Tycorion Davis, 18, was arrested after a Crime Stoppers tip helped to put him behind bars. Former boxer O 'Neil "Supernova" Bell died as a result of a random street robbery, and police are seeking four men accused of his murder. The robbery occurred in southwest Atlanta after O 'Neil Bell stepped off a bus, right before the day of Thanksgiving. As a result of the robbery, Bell died when he attempted to fight back, and they left another person injured. Investigators of criminal law have called it an opportunistic crime, and police put out surveillance footage to solve the case.
Many people are charged for acts they believe were innocent , but others can plead guilty for all the wrong reasons. Johnny Cade was walking through the park on the East side of town with 14 year old, Ponyboy Curtis. As they were walking, Robert Sheldon of the Social gang, had threatened the two young men due to too much alcohol. The two boys were looking for a way to get out of this situation, but the Socials had already surrounded them along with threatening the two. Curtis was beginning to drown when Randy (another member of the Socials) was ordered to by Sheldon.
David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.
The unfortunate events leading up to Emmett Louis Till’s death and unfair trial were for one reason only- he was black. “The word is some nigra boy from Chicago made ugly remarks and then whistled to Miz Bryant.’ The deputy chuckled. ‘Fool boy forgot where he was, and it’s a fact somebody’s sure to give that boy a talking to.
When talking about Bill Cosby and him allegedly raping over 50 women, it is going to take time to get to the bottom of this trial. I feel as though if the women had been rape they should have said something back when it first happened. This has been untried and unpunished fro fifty years; why would anyone take the time out to try and put him in jail all these years later? I feel as though some of those women are lying because if the rape was that serious, they would have spoken up when it first happened. If I were to get raped, I would go to the police right after it happened and I would put the man that did it away fast so he wouldn't hurt anyone else again.
He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2.
April Villegas 2/28/2015 Viewing Guide: CJL 3510 - Indictment - The McMartin Trial Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text. In the courtroom is the trial of the infamous McMartin case of child abuse is the District Attorney’s (DA) office.
