CJ 207 Project Three Template

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Southern New Hampshire University *

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207

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History

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Apr 3, 2024

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docx

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Uploaded by BrigadierHawk17472

CJ 207 Project Three Template Mapp v. Ohio Summary Impact of the Case [In 1957 a search was done by Cleveland Police on the apartment of Dollree Mapp, in which was suspected of being involved in an illegal gambling operation. The police had arrived with a search warrant in which they waved in Mapp’s face, in which Mapp would snatch and put into her blouse. Officers would fight to get it back, but it was not clear whether or not the warrant was valid or not. They continued to conduct a search in which they would find no evidence of gambling but find a suitcase full of obscene literature and photographs. She would be convicted of possessing pornography and sentenced to up to 7 years in prison, the search was unlawful, the conviction was still upheld. At the trial the fourth amendment issue would be raised on which came to the decision of her case, the court had ruled out that the evidence was illegally obtained and could not be used against the accused (Mauro, T. 2012.)] [The impact of the Mapp v. Ohio had launched a due process revolution in American law and policing practices. It had strengthened the right of the fourth amendment, which protects against the rights of unreasonable searches and seizures. Making any search or seizure illegal for any of the evidence that was found during the search without the use of a warrant. This case was a 5-4 decision in one of several cases that was decided by the court during the 1960’s, it had dramatically expanded the rights of the criminal defendants (Span landmark Cases.) Since the decision of the Mapp case the exclusionary rule had come under attack and intense criticism, the opponents would argue that the effects would exclude evidence from the courts that was needed to help ensure that justice would be served (Bryan, A. 2023.) Mapp’s case was far better known as the most controversial case, due to the fact it had applied the rule at a broader range of cases, Mapp v. Ohio would also impact law enforcement to ensure that they would properly follow people's constitutional rights (Mauro, T. 2012.)] Gideon v. Wainwright

Summary Impact of the Case [In June of 1961 located Panama City, Florida was a man by the name of Gideon, who was 51-year- old drifter that was charged for breaking into the Bay Harbor Poolroom. According to reports from the police he had taken beer and wine as well as coins from a juke box and cigarette machine. At the start of trial Gideon had asked the judge to appoint him a lawyer to represent him in court, the judge told Gideon that he was wrong, only in cases where a defendant was facing a death penalty. Since Gideon offense was minor Gideon’s request would be denied. Gideon would then have to act as his own defense during trial, he had questioned the government witness and eight other witnesses of his own. The trial transcript had shown that Gideon missed several opportunities that would help the case, that even a lawyer would’ve noticed firsthand. Gideon was told he could not question jurors about any of the possible biases or alibis, so he would not. The jury would then find Gideon guilty, and he was sentenced to 5 years in prison. Still acting on his own defense, Gideon would appeal his imprisonment to the Florida Supreme court, where in which his plea would be denied this would set his appeal to the U. S Supreme court. Gideon would file a petition stating that he was refused aid of counsel and that his plea was denied by the lower counsel. His plea would be filed in forma pauperis, which meant that it would be accepted without fees. In which the supreme court agreed to hear his case and appoint him a lawyer (Mauro, T. 2012.)] [The impact of Gideon v. Wainwright had caused the court to declare that anyone who was accused of crime (Mauro, T. 2012.), must be guaranteed the right to an attorney whether or not he or she cannot afford one. Gideon’s case is increasingly important to this day because it had established that no one could decide whether or not someone was worthy or not worthy of having the right to counsel because of the size of their wallet. In 1964 Congress passed the Criminal Justice Act which would help provide funding for the court-appointed counsel in the federal cases. The Criminal Justice Act had strengthened the fairness and integrity of the justice system, the decision of the supreme court had helped the right for defendants to have a right to counsel in all of the felony cases. Due to the acts of the Gideon case the sentencing laws have made the robust public defense more critical than ever (United States Courts. 2023.)] Furman v. Georgia and Gregg v. Georgia

Summary Impact of the Case [ In 1971 a 26-year-old black man by the name of William Furman, was convicted of killing a white woman while burglarizing her home. Furman had claimed that it was an accidental shooting but since it had occurred during a felony, Furman would be sentenced to death using the electric chair (Mauro, T. 2012.) Gregg v. Georgia was a U.S Supreme court case that had held the death penalty for murder was not in and of itself as cruel or unusual punishment, that was prohibited by the eighth and the fourteenth amendment. The court would also rule that the character of the defendant would also be considered when deciding whether or not to impose the death penalty, this was just to ensure that such punishment is not disproportionate (Legal Information.)] [When it came Gregg v. Georgia the death penalty was deemed constitutional if the jury was given the standard to guide them in the sentencing deliberations. Furman v. Georgia was the opposite that would declare the death penalty unconstitutional under the eighth amendment (Granger, L. 2023.) Furman v. Georgia had caused what was caused a “constitutional earthquake” the single decision of the court had invalidated all existing capital punishment laws and had removed all threats of death for hundreds of prison inmates. The rule was said to have represented the biggest step that criminal justice has taken in over 1,000 years. It would be determined that legislatures were free to eliminate capital punishment for any specific crimes, without adherence to the strictures of the eighth amendment. So, some of the legislatures had enacted those laws and had made the death penalty mandatory for when it came to certain crimes, hoping to help remove arbitrariness that had upset the majority of the court (Mauro, T. 2012.)] Roper v. Simmons OR In re Gault

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