ipl-logo

Summary Of Clements V State

1178 Words5 Pages

Overview of Clements v. State The case of Clements v. State is an example of how the legal framework of stalking laws in Texas should be interpreted and the effectiveness of this law to ensure justice for the victims. The case depicts how the law should operate despite certain vagueness in aspects of the First Amendment. The decision of the Court of Appeals for the First District of Texas to uphold the conviction while disagreeing with some conclusions arrived at by the trial court proves that stalkers will not be allowed to slide through cracks in the legal system. The case, based on a sequence of events where the complainant, Jennifer Clements, was subject to psychological trauma accompanied by an imminent physical threat to her from Nathan Clement, her estranged husband, is a forthright condition of stalking which complies with the Statues of …show more content…

If this condition is not met, there is no scope for unconstitutional vagueness. In the case of Clements v. State, Nathan was aware of the criminality of his behavior. On 19 December 1996, he fled the scene at parking lot of Texas Instruments. He did not wait around for the security guard to question him. This alone proves that his actions do not reflect a person with normal intelligence who could not comprehend the criminality of his actions. If that was the case, he would have stayed behind to confront the security guard on his marital rights (Schmalleger, Hall & Dolatowski, 2010). Furthermore, threatening bodily harm (of anyone) is illegal. This is a basic rule of law which everyone with normal intelligence will acknowledge. Nathan Clements threatened bodily harm of Jennifer Clements and her friends on more than one occasion. Hence, there is no scope for unconstitutional vagueness in this case and the decision by the for the First District of Texas is

Show More
Related

Summary Of District Of Columbia Vs Wesby

1299 Words | 6 Pages

The Court case states that Peaches was the supposed tenant of the house and gave the party goers permission to be there and that is why they were all there. But, the officers later learned that Peaches had no right to have a party there. This is because they contacted the actual homeowner. But, once officers did, the homeowner informed the officers he was in negotiations with Peaches about renting but noting was yet final. I think after learning this the officers should have charged Peaches with unlawful entry because she knew she didn’t have any rights to the home and had no right to invite others there.

Read More

Marbury V Marrison Case Summary

471 Words | 2 Pages

BRIEF MARBURY v. MADISON Supreme Court of the United States, 1803 5 U.S. 137 FACTS: President John Adams appointed William Marbury as a justice of the peace in the District of Columbia towards the end of his term under the Organic Act. With an attempt to take control of the federal judiciary, the documents were signed and sealed; however, the documents weren’t delivered before President John Adams’ term ended. Subsequently, Secretary of State, James Madison, was to deliver the commission; however, newly elected, President Thomas Jefferson, refused to recognize the appointment. President Thomas Jefferson claimed the commission was invalid and advised James Madison to disregard.

Read More

Texas V. Johnson Case

410 Words | 2 Pages

The first case of the day that was heard by the Supreme Court on December 13th was Texas v. Johnson. Gregory Lee Johnson, a member of the Revolutionary Communist Youth Brigade, led a protest at the 1984 Republican National Convention in Dallas to protest Ronald Reagan’s reelection. During this protest, Mr. Johnson soaked an American flag in kerosene and proceed to burn it. Mr. Johnson was then arrested and charged for violating the Texas state law that prevented the desecration of a venerated object. The proceedings began with statements from the petitioners who claimed that precedent cases such as US v. O’Brien (1968), which deemed that the burning of draft cards was an invalid form of free speech, and Boos v. Barry (1988), which reinforced

Read More

Analysis Of The Supreme Court Case Of State V. Hendrix

729 Words | 3 Pages

State v. Hendrix A Supreme Court case where the defendant Homer O. Hendrix was convicted and found guilty of voluntary manslaughter. Hendrix was sentenced to a term of 15 years in prison. The events leading up to the Supreme Court’s ruling takes place take place 3 years earlier. Labor Day, September 1, 1975, Hendrix and another member of the community Norman D. Cherry got into a confrontation on Hendrix’s property.

Read More

Shelby County V. Holder Case Analysis

1234 Words | 5 Pages

Shelby County V. Holder: A critical analysis Introduction Along the time human beings have been able to evolve and modify its surroundings despite the environmental challenges. As a result, society has been creating laws in order to regulate different aspects of life. Shelby County V. Holder has a variety of components that made this case relevant.

Read More

Marbury Vs Madison Case Summary

556 Words | 3 Pages

In Marbury v. Madison (1803) it was announced by the Supreme Court for the very first time, that if an act was deemed inconsistent with the constitution then the court was allowed to declare the act void. Thomas Jefferson’s secretary of state, James Madison, denied William Marbury of his commission. President John Adams appointed William Marbury the justice of peace for the District of Columbia during his last day in office. Madison denied Marbury of this commission because he believed that because it was not issued before the termination of Adams presidency, that it was invalid. Marbury himself started a petition, along with three others who were in a similar situation.

Read More

District Of Columbia Vs Heller Case Summary

533 Words | 3 Pages

Through court cases like District of Columbia v. Heller, the Second Amendment was clarified to extend the right to possess firearms for “traditionally lawful purposes” from simply militia related services. McDonald v. Chicago further expanded the application of the Second Amendment by holding that it was applicable to states through the Fourteenth Amendment. Furthermore, these two cases were tied together as the Supreme Court held in District of Columbia v. Heller that the right to self-defense was a “fundamental” and “deeply rooted” right which in turn allowed the Supreme Court to rule that based on the 14th Amendment and the precedent established in the Heller case that the 2nd Amendment’s guarantee of the right to bear arms was applicable to states for the purpose of self-defense. There are three

Read More

Analysis Of The Supreme Court Case: Marbury Vs. Madison

974 Words | 4 Pages

Marbury versus Madison was one of the most controversial court cases in the Supreme Court history. The overall decision of the court case was a landmark decision that would carry on into setting up boundaries between the executive and judicial branches of government. The case was brought to trial on February 11, 1803 and the final decision was made February 24, 1803. The case included William Marbury and James Madison. Marbury was appointed by President John Adams to be the Justice of the Peace.

Read More

Aaron Carter Case Study

194 Words | 1 Pages

Procedural History: The District Court of Appeal of Florida, Fourth District (2017) rejected the appellee (Jeffery Malken) claims of stalking against the appellant (Aaron Carter) on a procedural basis. Facts: Siblings’ discord over their mother’s will and the disposition of property centered around this court case. The appellee claimed that his mother’s property was quick claimed to him in 2002. The appellee testified that his sister and her significant other harassed and physically assaulted him.

Read More

Patterson V. Colorado: Case Study

526 Words | 3 Pages

From believing that the freedom of speech and press was protection against previous regulations to believing that it to be protection against unnecessary harm to the general public, Holmes changes positions between Patterson v. Colorado and Schenck v. United States. In Patterson v. Colorado, Patterson was fined for publishing a cartoon about an active case of the Supreme Court of Colorado. Believing that his rights protected by the 14th Amendment were infringed, Patterson turned to the Supreme Court to repeal his punishment. Holmes argued that the cartoon was an obstruction of justice.

Read More

Compare And Contrast The Marbury Vs Madison Case

1411 Words | 6 Pages

The Marbury vs. Madison case resulted in what is considered the most important Supreme Court decision in history. The Marbury v. Madison case was a fundamental case in which an act of Congress was declared unconstitutional by the court. The court's ruling established the power of judicial review, solidified the Constitutional system of checks and balances, strengthened the power of the federal government, and made the Judiciary an equal partner with the Legislative and Executive branches of government, reinforcing the doctrine of separation of powers. A decision that would decrease the power of the Supreme Court due to what the court deemed as unconstitutional powers granted it by Congress under the Judicial Act of 1789

Read More

Shelby County V. Holder's Argumentative Analysis

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

Texas V Johnson Majority Opinion Analysis

800 Words | 4 Pages

People all over the world, in their own way all share the same goal of acceptance. The reality of this goal, is that a lot of people are not accepted. In the stories “Texas v. Johnson Majority Opinion” by William Brennan, and “The Lottery” by Shirley Jackson, and in the film Bullied by Bill Brummel, they all show examples of how some people are not accepted. They are not accepted in the stories, because they are different then others and people make opinions about them without knowing them. These selections show when people are not accepted, they will feel depressed and unwanted.

Read More

Brady V. Maryland Argumentative Essay

390 Words | 2 Pages

The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.

Read More

Antonin Scalia Case Summary

2431 Words | 10 Pages

It became apparent to the United States Supreme Court Justices, that the newly appointed colleague, Justice Antonin Scalia, brought a legal philosophy which would “test the courts” in the interpretation of the United States Constitution and how it should apply the law to a variety of landmark cases. Antonin Scalia made no apologies for his legal philosophy of “originalism,” despite oppositions from other Court Justices, his critics, and the public. Scalia believed that the United States Constitution should strictly be interpreted in terms of what the Founding Fathers had meant when the Constitution was written originally (Ring 107). Antonin Scalia received his A.B. from the prestigious, Georgetown University and the University of Fribourg,

Read More

More about Summary Of Clements V State

Open Document