ipl-logo

Pros And Cons Of State V. Lee

747 Words3 Pages

1. According to the case law of Illinois v Allen, the US supreme court held that “trial judges confronted with disruptive, contumacious, and stubbornly defiant defendant must be given sufficient discretion to meet the circumstances of each case. The court further observed that at least three constitutionally acceptable avenues exist for dealing with a defiant defendant, in the case of Ms. Roberts she was a very defiant defendant. The avenues are 1. Bing and gag he or she, thereby keeping them present, 2. Cite he or she for contempt and 3. Take he or she out of the courtroom until he promises to conduct themselves properly. In the case of Ms. Roberts, she can legally be gagged in the court room if she is very defiant. Also, according to Hale’s …show more content…

The pros of the alternative disciplinary measures discussed in State v. Lee are the facts of giving the defendant many warnings and opportunities to get themselves together. Another pro to the situation is it maintains calmness within the court room, it puts the juror’s and other individuals within the court room in less danger. The cons to the alternative disciplinary measures are the defendant argues that these measures effectively deprive them of the right to be present during trial, and to confront the witness against them. These measures do not provide much of an opportunity for the defendant to support his case and try to prove that he or she is innocent. Also, these restraints make it harder for the defendant to talk to their attorneys. Unfortunately, if the defendant is being very disruptive, and becoming dangerous then you need to take these disciplinary measures to keep order within the court. The considerations that should be used in determine which approach is best to use is by warning the defendant (if he or she is being disruptive) many times; basically, giving them as many chances/strikes as they can to keep it fair. If the defendant is having outburst, warn them at least three times telling them that they will be removed if they keep it up. If the defendant is defiant, then you remove them from the courtroom. I wouldn’t go to those alternative measures unless it is absolutely necessary in order to keep the trial fair for both

Show More
Related
1235 Words | 5 Pages

After listening to both sides present their case the judge will issue a ruling on the defendant’s

Read More
276 Words | 2 Pages

The case of California v. Greenwood involves police who were investigating a potential drug trafficker, Greenwood. The police, who were acting on information that suggested that Greenwood could possibly be engaged in narcotics trafficking, obtained trash that Greenwood had left on the curb in front of his home. Considering the trash included items indicative of narcotics use, the police then obtained warrants to search Greenwood’s home, discovered controlled substances during their searches, and subsequently arrested respondents on felony narcotics charges. The issue in this case was whether the Fourth Amendment prohibits the warrantless search and seizure of trash left for collection outside the curtilage of a home.

Read More
803 Words | 4 Pages

Redmond Peiro Ms. Smith Maryland State Constitution Paper 9 February, 2016 In the months preceding the American Revolution, a convention was held in Annapolis between a number of Maryland’s most powerful men in which to discuss the development of a new government. In addition to this, they sent representatives to the Continental Congress to finalize pre-war preparations. On July 3, 1776 the convention agreed that a new group was to be created to draw up their first state constitution as the old ad hoc government structure was considered inadequate. “That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.”

Read More
589 Words | 3 Pages

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

Read More
168 Words | 1 Pages

Obergefell v. Hodges is most popularly referred to as the Supreme Court case for same-sex marriage. It is one of the many cases related to the topic of same-sex marriage being a constitutional right. In this specific case James Obergefell and John Arthur filed a lawsuit against the state of Ohio to allow the state to recognize their marriage on death certificates. Obergefell and Arthur were married on the tarmac of the Baltimore-Washington International Airport in Maryland by Arthur’s aunt, Paulette Roberts, on July 11, 2013. Sadly, Arthur died from amyotrophic lateral sclerosis (ALS) just months into their marriage on October 22, 2013.

Read More
954 Words | 4 Pages

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.

Read More
1445 Words | 6 Pages

Do you feel insignificant during elections? Do you worry that there is too much money in politics? Do you believe that campaigns are corrupt? All these common worries become real issues in 2010 with Citizens United v. FEC: a Supreme Court ruling that will forever be significant to elections. The Citizens United ruling "opened the door" for unrestricted campaign spending by corporations, but most importantly the case led to the formation of groups called super PACs: corporations or labor unions that have the ability to use its general treasury and unlimited donations to influence elections.

Read More
590 Words | 3 Pages

In the discussion of the 8th amendment, this paper will examine: the history of the 8th amendment, the interpretations made by courts regarding 8th, and how the 8th affects us today. The Amendment first was ratified in 1791 along with the nine other amendments to form the bill of rights. The bill of rights is used to “lists specific prohibitions on governmental power.” (“Bill of Rights”). By doing this, the government has less power to not make the citizens feel like that even the government has to follow some sort of procedure and would stabilize the power the government has from having either too much or too little.

Read More
690 Words | 3 Pages

1) First, Luther Martin believes that the constitution is abolishing the freedom of the states. He asserts that the United States are simply too large to be united under one government. Governments that work with a centralized government are small. Second, he is not pleased with the amount of power that Congress has.

Read More
1820 Words | 8 Pages

I am writing separately because I do not believe Florida’s sentencing scheme violates Hurst’s sixth amendment. I agree with the dissent that Apprendi and Ring should be overruled in favor of something more in line with Walton and our precedent prior to the new millennium. I concur in the judgment, however, because the jury’s role in Florida’s capital sentencing scheme is unconstitutional. Florida does not require unanimity or a feeling of responsibility by the jury in the death sentencing scheme. Also, Florida only requires a simple-majority vote to render its verdict instead of one that is unanimous.

Read More
1182 Words | 5 Pages

Introduction Texas v. Johnson was heard before SCOTUS on June 21, 1989. The two parties involved are Protester Gregory Lee Johnson vs. the State of Texas. In 1989, the U.S. Supreme Court was asked to review the constitutionality of a Texas statute prohibiting the desecration of certain venerated objects, including state and national flags in the case of Texas v. Johnson. The Supreme Court ruled that the burning of the flag is symbolic speech protected by the Free Speech Clause and the statue was strike down.

Read More
1789 Words | 8 Pages

Continuing with another secondary effect, the ability to abort without defying the Constitution was advertised to have saved the lives of pregnant females. Kate Chopin (1993) used personal experiences with maternal mortalities to reference childbirth and pregnancy in The Awakening (p. 1). Chopin encountered four loved ones pass away during childbirth. These tragedies occurred in the late 1890s to early 1900s, long before medical practices could diagnose issues with a pregnancy. Until the late 1900s, abortions were not safe enough to guarantee that the mother would live from the procedure.

Read More
226 Words | 1 Pages

We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed

Read More
1025 Words | 5 Pages

Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

Read More
268 Words | 2 Pages

The movie “Loving” is based on a true story, and it depicts the lives of Richard and Mildred Loving, an interracial couple, living in Virginia. In 1958, the couple went to Washington D.C and got married. They married here for the reason that interracial marriage was banned in Virginia. Yet, when they got back home, they were arrested. They spent the expanse of nine years struggling for their right to live as family in their town.

Read More

More about Pros And Cons Of State V. Lee

Related Topics

Open Document