In the case of State v. Barrett (1996), a drug detection team was brought in to conduct a random drug search of the high school on May 3, 1995 in St. Tammany Parish. Six classes were chosen by the principal, who had mentioned some of the selected classes were known to have some of the "problem" students, including the 18 year-old defendant. During the third classroom search, the defendant 's classroom, students were asked to empty their pockets and leave the room. The dogs were brought in and one of the dog 's alerted a smell on the defendant 's wallet. After the principal searched the wallet and found $400 in cash, he placed it in a different location, which the dog alerted on once again.
In the case of Missouri vs. Seibert lies many liable facts within the case. Some of the relevant facts is that a woman named Patrice Seibert along with accomplices which includes her son and his friends, sets their mobile home on fire with the dead body of her 12-year-old son along with a mentally ill 17-year-old Donald Rector whom was living in the household, and days after the fire, Seibert was interrogated by a police officer. The officer initially withheld her Miranda warnings, hoping to get a confession from her first. Once she had confessed, the officer took a short break from questioning, then preceded to read her, her Miranda rights and resumed questioning after she waived those rights. The officer swayed her to reiterate the confession
For my research on how the contextual themes concepts can result in criminal justice malfeasance I selected the case of State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470. This case involved police officer Julian Steele of the Cincinnati, Ohio police department and his indictment on ten counts of police misconduct, including abduction, intimidation, extortion, rape, and sexual battery. Officer Steele abused his legal power to interrogate, arrest and detain a witness by knowingly filing a materially false complaint in order to influence or intimidate a witness; and abducting her minor child from school with the intent of charging the minor child with a robbery felony ” (State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470). Due to the nature of this case and its involvement of the minor children involved, the court documents refer to the subjects by initials only.
• Missouri v. Seibert- (2004) A decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession. • Moran v. Burbine- (1986) the respondent was apprehended by police for murder. While in custody, but before any arraignment proceedings, the respondent waived his right to counsel and confessed to the crimes.
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
Since the signing of the United States Constitution, the dividing of powers in the United States has been based on the sharing of powers between the national government and the local governments (state governments in the case of the United States), which became known as Federalism. Amendment II states “A well-regulated Militia, being necessary to the security of a free State, the right of people to keep and bear Arms, shall not be infringed.” The Second Amendment has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense. At first it was thought to apply only to the Federal government, but through the mechanism of the Fourteenth Amendment, it has been applied to the states as
“Protecting the rights of even the least individual among us is basically the only excuse the government has for even existing.” -Ronald Reagan State and Federal governments coexist in order to guard the liberties of the citizen’s governed under them. Unlike within the Federal Government, a call for a Constitutional Convention is put before voters of the state to authorize every twenty years. Both the U.S. and Illinois Constitutions contain a Bill of Rights , although in the federal Constitution, the Bill of Rights is the first ten amendments. In the Illinois Constitution, the Bill of Rights is an article with twenty four sections.
After all the challenges the United States faced in making the Constitution, our Founding Fathers had to revise the “rough draft” called, The Articles of Confederation. The Articles of Confederation weren’t sufficient to make this country succeed, therefore we created a new Constitution. The Constitution was written in May of 1887 in Philadelphia, Pennsylvania. Our new Constitution made it possible for us to become a country based on Federalism, or a compound government and not result in tyranny. What is tyranny?
The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with
I believe that the federal justice system is just and unbiased. The federal justice system has guidelines and rules to keep them from using power improperly and targeting groups of people based on their race. This is talked about in article “Is the Criminal Justice System Racist”. There are statistics given pertaining to the prison sentences given to African Americans, prosecution during a felony trial, and crime/prison rates.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
According to the Superior Court of California website, there are two systems of courts in California such as federal and state. State courts divide in trial courts and appellate courts. Trial courts may also be called Superior courts, and each county has at least one trial court. Criminal cases, civil cases, appeals of small claims cases and other civil cases worth $25,000 or less are handed to trial courts. Sometimes, superior courts also handle the appeals of misdemeanor cases.
Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).
