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Supreme Court Cases Pros And Cons

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Did you know that before 1963, under Florida Law, that you might have to defend yourself to the courts if you can’t afford a lawyer? That before 1966 the police did not have to read you your rights? Over the years, the Supreme Court has expanded and interpreted our basic individual rights into something more than what is stated in our written Constitution. Many cases like Miranda v. Arizona, Texas v. Johnson, and Gideon v. Wainwright, have showed the Supreme Court that our freedoms must be broadened and made clear. There are many cases that have been taken to Supreme Court which have strengthened our liberties. For example, in the case Miranda v. Arizona, Ernesto Miranda was arrested and the officer did not read him his rights, like the right to remain silent. As a result, he eventually produced a written and signed confession to the crime. This case expanded our 5th and 6th …show more content…

Additionally, in the Texas v. Johnson case, Joey Johnson organized a group of protesters and marched to Dallas City Hall. Upon arrival, Johnson soaked the American flag in gasoline and lit it on fire. He was then arrested under the Texas law that one is not allowed to vandalize a respected object. His case was taken to Supreme Court and it was decided that his 1st amendment right was infringed. The Supreme Court broadened our 1st amendment right by making it clear that Freedom of Speech is not limited to words, but symbolic actions are included in that right. Finally, this last case, Gideon v. Wainwright, helped strengthen our 6th amendment right. Clarence Earl Gideon broke into a Florida pool hall and stole some beverages and about $5. He was arrested and informed the officers he could not afford a lawyer.

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Gideon then appealed to the Supreme Court who took his case. They reached a unanimous decision that the state of Florida, by denying Gideon an attorney, had violated his Sixth Amendment right. They said “The Sixth Amendment requires states to provide defense attorneys to any indigent criminal defendant charged with a felony or

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Summary Of Gideon's Trumpet By Anthony Lewis

819 Words | 4 Pages

The structure of the book has placed it at the top of the reading list for aspiring law students. It effectively maps out the Supreme Court’s ruling history and also the crucial turning point of progressing American civil liberties. Robert F. Kennedy commented on Gideon’s perseverance stating, “If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of

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Clarence Thomas was born on June 23, 1948, in Pin Point, Georgia. His father left his family when he was young. That, and other issues as the years passed led his family into money problems. Clarence and his brother were sent to live with their grandfather and step-grandmother. His grandfather had a major influence on his religious beliefs.

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Mccreary County V. ACLU Case Study

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McCreary County v. ACLU (2005) Pinson, 4 McCreary County v. ACLU Asher Pinson Liberty High School AP US Government, 2A McCreary County v. ACLU was a significant case for the Establishment Clause, freedom of religion, and the First Amendment itself. This case made its way into the Supreme Court in the later part of 2004, and a decision was reached in the middle of 2005. This case extended the power of the Establishment Clause to prohibit the public display of religious texts in government-funded buildings.

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747 Words | 3 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.

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Formal And Informal Evidence In The Civil Rights Act Of 1964

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For example, the 1964 Heart of Atlanta Motel Inc. v. United States and the 2009 Ricci v. DeStefano Supreme Court cases. In the Heart of Atlanta Motel Inc. v. United States Supreme Court case, “the owner of the motel argued that the federal government overstepped its authority and violated the 5th amendment. the Supreme Court ruled that the federal government can force businesses to abide by the Civil Rights Act of 1964 through the Interstate Commerce Clause in the Constitution” (Civil Rights Act of 1964 Explained). In addition, the 2009 Ricci v. DeStefano Supreme Court case used the Civil Rights Act of 1964 as evidence. “The case consisted of a group of firefighters, who brought suit against the city of New Haven, Connecticut for invalidating a test that would have earned them promotions.

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Arizona ruling eliminated the fear of the accused from torture and coercion and notified individuals of their rights that they otherwise wouldn’t have known that they had. The ruling explicitly stated that if a person was not informed of their Fifth Amendment right, then compelling pressures could cause a person who otherwise not have spoken, to incriminate themselves (Document J). In the Fifth and Sixth Amendments, it had not specifically stated that a suspect must be informed of their rights before they are questioned. The ruling of Miranda v. Arizona finally cleared up the confusion concerning the rights of the accused and self-incrimination and required officials of the law to read out the warning known as the Miranda warning to anyone they may question. Additionally, manuals such as Fundamentals of Criminal Investigation, specified the rules to be used during interrogations to prevent coercion (Document F).

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Earl Warren's Supreme Court Cases

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Arizona case argued whether or not “the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect” (Oyez). Miranda, after two hours of interrogation, gave a written confession to the police saying that he was guilty. However, the police did confess that they had never informed Miranda of his Fifth Amendment rights, which included a right to an attorney, and because of this, the argument was made that the police had violated Miranda's Fifth Amendment rights. Warren, who was a part of the majority, in this case, decided in favor of Miranda, and that “the Fifth Amendment’s protection against self-incrimination is available in all settings. Therefore, prosecution may not use statements arising from a custodial interrogation of a suspect unless certain procedural safeguards were in place” (Oyez).

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