CJ 207 Project Three Template (1)

.docx

School

Southern New Hampshire University *

*We aren’t endorsed by this school

Course

207

Subject

History

Date

May 16, 2024

Type

docx

Pages

Uploaded by GrandDangerRhinoceros13

CJ 207 Project Three Template Mapp v. Ohio Summary Impact of the Case In 1957, Dollree Mapp's residence was searched by Cleveland police on suspicion of being involved in an illicit gambling business. Requesting to see a search warrant, police waved a piece of paper in front of her. There is some doubt as to whether the search warrant was legitimate, none was shown during the trial. During the search, no evidence of gambling was discovered, although there were some reportedly pornographic materials and pictures in a sealed suitcase. After an appeal, the Ohio Supreme Court determined that Mapp's conviction was upheld even though the search was illegal, despite the fact that she had been found guilty of having pornography and facing a seven-year prison sentence. (Mauro, 2006) Evidence gathered through illegal searches is not admissible in a state court criminal trial. The exclusionary rule, which was previously limited to federal criminal prosecutions, was expanded to state court. Although the Weeks case is where the concept of the exclusionary rule first surfaced, the Mapp case is more well-known and contentious due to its application of the rule to a much wider variety of situations. According to a 1983 research, inappropriate searches that resulted in the deletion of evidence ruined less than 3% of criminal convictions. A court ruled in 1984 that material that had been collected unlawfully might be accepted into evidence in court if it could be demonstrated that the police would have "inevitably" found the evidence without conducting the illegal search or if the police were operating lawfully under the impression that a search warrant was faulty. (Mauro, 2006) References: Mauro, T. (2006). Illustrated great decisions of the Supreme Court . https://doi.org/10.4135/9781452240138

Gideon v. Wainwright Summary Impact of the Case Clarence Earl Gideon, a 51-year-old drifter, was taken into custody in Florida on suspicion of petty theft. He had been apprehended in June 1961 breaking into Panama City, Florida's Bay Harbor Pool Room. He took some wine, beer, and coins, according to the police. Upon requesting legal representation, Gideon was advised that the state would only pay the expenses if facing the death penalty. After defending himself in court, Gideon was found guilty by the jury and given the maximum five-year prison sentence. After appealing, the supreme court ruled unanimously that, in accordance with the Sixth Amendment, states are required to provide legal representation for defendants who are unable to pay for it. (Mauro, 2006) If a defendant cannot afford legal representation, he must be given one when facing criminal charges under state law. The right to a fair trial guaranteed by the Sixth Amendment is so essential that states may be forced to provide attorneys to defendants. Initially, it was believed that the Gideon decision primarily guaranteed legal representation for those facing criminal charges. However, the Court broadened the decision in 1972 to include people accused of misdemeanors. The Sixth Amendment also, at least in part, provided "the effective assistance of counsel," as per Gideon and subsequent cases the Court decided. This meant that if a lawyer's errors significantly influenced the outcome of the trial, the sentence could potentially be reversed. Before Gideon, the majority of states had previously given poor defendants access to attorneys, even in situations where the death sentence was not used. However, Gideon undoubtedly contributed to the nationwide establishment of publicly supported public defense and legal aid agencies. (Mauro, 2006) References: Mauro, T. (2006). Illustrated great decisions of the Supreme Court . https://doi.org/10.4135/9781452240138

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help