Lawrence Vs Texas 539 Case Study
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Case Facts:
In September 1998, a same-sex couple in Houston, Texas were arrested in their own apartment after police found them engaging in a consensual, intimate, sexual act. The two men, John Lawrence and Tyron Garner, were convicted of violating the Texas “Homosexual Conduct” Law, which made it a Class-C misdemeanor for same-sex adults to engage in sexual intercourse and considered it illegal sodonomy. The statute was created in 1973 after the state changed its criminal code to end the banning of heterosexual anal or oral sex. The sheriff deputies arrested and charged the couple for performing “deviate sexual intercourse” as listed in the mentioned in the Texas statute. John Lawrence and Tyler Garner
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United States v. Morrison was a supreme court case about violence against women. In 1944 while enrolled at Virginia polytechnic institute, Christy Brzonkala alleged that Antonio Morrison and James Crawford sexually assaulted her. Both male students were varsity football players. In 1995 Christy filed a complaint against Morrison and Crawford under Virginia Tech 's Sexual Assault Policy. After a hearing, Morrison was found guilty and Crawford was not.
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US v. Lopez was a decision handed down by the US Supreme Court in 1995. The case was significant because it was the first ruling to set limits on Congress's power under the Commerce Claus in the Constitution since Franklin D. Roosevelt's New Deal. Lopez, a student was caught with an unloaded weapon on school grounds that he was allegedly selling. He was arrested under the Gun-Free Zone law. Lopez argued that this law was unconstitutional as it blocked interstate commerce.
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The United States v. Lopez case was about Alfonzo Lopez, a 12th grade student from San Antonio, who came to school carrying a hidden weapon. Under Texas law he was charged with possession of a firearm. Later on he was dismissed of this violation and was later charged with “federal criminal statute”. He was found violating “ The Gun-Free School Act”, which was created in 1990. His sentence was 6 months in prison and two years of being supervised while being released.
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Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
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Mapp v. Ohio Throughout the last 70 years, there have been many cases that the U.S. Supreme Court has decided upon leading to many advancements in the U.S. Constitution. Many of the cases have created laws that we still use today. In the case I chose, Dollree Mapp was convicted of possessing obscene materials, four little pamphlets, a couple of photos, and a little pencil doodle, after an illegal police search of her home for a suspected bomber. No suspect was found, but she was arrested.
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Recently, state-issued photo ID has been required in order vote since the law passed in the Texas legislature. This law has caused controversy as it brings up the question over the state’s power in the regulation of elections. “While pending review within the judicial system, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which effectively ended all pending litigation. As a result, voters are now required to present an approved form of photo identification in order to vote in all Texas Elections” (votetexas.gov). The U.S. Supreme Court struck down on Section 4(b) of the Voting Rights Act of 1965 in the Shelby County v. Holder case.
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Sullivan vs. Florida was a very high profiled case in 1989. Joe Sullivan was a 13-year-old African American boy, who was also mentally disabled. Joe was accused of sexually assaulting an elderly white woman hours after he and 2 other juveniles robbed her for her jewelry and coins. Joe was the youngest child to be sentenced to life in prison without the possibility of parole. He was tried as an adult because he a prior felony conviction on his record (Sullivan v. Florida).
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A 6-3 vote in favor of New Jersey was all it took to strike down TLO’s request to suppress the evidence as well as her confession. In previous cases, courts have ruled that school officials were exempt from the restrictions put in place due to their need to enforce authority over their students. The Supreme Court decided that in this case, the exclusionary clause would apply to school officials. This means that because they’re school officials, they don’t have to have as many means to perform a search on the students because students should have a decreased expectation of privacy. Their decision meant that the evidence found in TLO’s purse along with her confession had to reason to be excluded because her 4th Amendment rights were not violated.
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In the year of 2003, the Louisiana State Court indicted Patrick Kennedy on two counts of rape and one count of robbery. Patrick Kennedy was found guilty of raping his 8 year old stepdaughter who was a victim that survived. In the state of Louisiana the law allows the DA (district attorney) to present capital punishment to the defendant and any defendant that is found guilty of raping children under the age of twelve. The prosecutor in the case Kennedy v. Louisiana be in quest of the indictment that the jury awarded the sentence of capital punishment in which the defendant appealed. The Louisiana Supreme Court attested the imposition of capital punishment even though it was noted that the United States Supreme Court had struck down the death
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The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
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The Supreme Court’s October 2014 decision declared all states laws that reserve marriage for heterosecual couples only, are violating the civil rights of gay and lesbian
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