A Plea To North Carolina Case Analysis

The right to a speedy trial is considered an essential part of the due process applicable against the states because of the decision in the case of Klopfer v. North Carolina (1967) and ultimately the inclusion of it within the fourteenth amendment, that was granted by the doctrine of selective incorporation. In this particular case, the defendant Klopfer appealed to the supreme court because his trial had been postponed to be brought up again in the future when desired. Klopfer claimed that the right to a speedy trial, granted by the Sixth Amendment, should be pertinent to a state’s criminal prosecution due to the Due Process Clause of the Fourteenth Amendment (Ingram, 2009). The case was examined by the supreme court who ruled that the right to a speedy trial is a crucial basic right, just as the other rights guaranteed by the Sixth Amendment, that has been around for a very long time (Steinberg, 1975).

Jones v. North Carolina Prisoners’ Union Court cases over time have come forth and altered the course of this country and even the world. While this case didn’t really affect the world, Jones v. North Carolina brought forth an important question on prisoner’s rights. Jones v. North Carolina was a court case in 1977 that brought forth the debate if workers in prisons have the right to join a labor union. The details of the court case and thoughts on if the court was justified in their ruling will bring to light of what sort of value as a human being do prisoners have.

The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure?

Introduction Of Case: New Jersey v. T.L.O. (1985) is a court case heard and ruled on by the Supreme Court of the United States. The case dealt with the constitutionality of the search of a public school student after she had gotten caught smoking in a public school bathroom. The search provided evidence of drug paraphernalia, marijuana, and the intent of sale of drugs. The student fought the charges, stating that the search violated her Fourth Amendment rights. The United States Supreme Court ruled 6-3, that the search was reasonable under the Fourth Amendment.

In the case of the State of North Carolina v. Lester Gerard Packingham, the question of whether a state can restrict sex offender’s from being on social media sites without restricting their constitutional rights is played out. Lester Packingham is a registered sex offender who was caught having a Facebook website profile even though it is against North Carolina state law. This paper will explore the constitutionality of N.C. Gen Stat. § 14–202.5 (2011) and will analyze the legal opinions of this case from both the Court of Appeals of North Carolina and Supreme Court of North Carolina and make an educated decision on whether the Supreme Court of North Carolina’s decision should be upheld or reversed.

The Insanity Defense is used in criminal cases in which the defendant argues that due to their mental state, such as uncontrollable behavior during the time of the crime, they should not be sentenced, and instead should receive medical treatment.  Additionally, if the  defendant does not have the mental competency to understand the wrongfulness of the crime because of their mental illness, they should not be charged. If the defense is successful, in lieu of detainment, the defendant is sent to a secure psychiatric facility to receive treatment until deemed “sane” (Gerber 2-4.) The Insanity Defense protects the inalienable right of being of being tried fairly under the law. However, the defense faces great opposition. There are critics who call

North Carolina, the concurrence states, “If the statue is genuinely ambiguous, such that overturning the officer’s judgement requires hard interpretive work, then the officer has made a reasonable mistake.” Based on this statement, it gives us support to consider whether Officer Raymond’s stop was objectively reasonable or not. Also, The Fourth Amendment protects the “right of people to be secure in their persons houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be secured, and the persons or things to be seized.”

Jones, “the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search.’” They stressed the importance of fact that the Government had “physically occupied private property for the purpose of obtaining information.” Under these circumstances, it was not necessary to inquire about the defendant’s expectation of privacy in his vehicle’s movements in order to determine if a Fourth Amendment search had occurred. They continued to reaffirmed this principle in Florida v. Jardines, where they held that having a drug-sniffing dog nose around a suspect’s front porch was a search, because police physically entered the enclosure of the home and gathered information without being permitted by the

The insanity defense “is traditionally classified as an excuse defense, in contrast with justification defenses like self-defense. This classification indicates

Before PTSD became an official diagnosis, various other traumatic stress syndromes such as dissociative flashbacks and survivor guilt were used as criminal defenses for both violent/nonviolent crimes as well as a basis for successful insanity defenses. Initially PTSD raised concerns about its potential misuse in criminal courts, however, there were certain incidences where PTSD was found to be a legitimate phenomenon. Case in point, New Jersey v Cocuzza (1981). In this case, the defendant was a Vietnam veteran who was found not guilty for reason of insanity when he assaulted a police officer. Mr. Cocuzza’s defense was that at the time of the incident, he believed that he was attacking enemy soldiers. His claims were supported by the officer when he testified that Mr. Cocuzza was holding a stick as if it were a rifle.

In the Edwards v. South Carolina case a group of african-american protesters organised a peaceful march to the South Carolina State House and were confronted by a group of police who arrested the protesters for “breach of the peace” after they refused to disperse, and sang patriotic songs. The supreme court decided in favor of the protesters and said that the arrests violated the protesters First and Fourteenth Amendment rights.

A) The Court of Appeals of Kentucky is the court of last resort in that state. The Strunk decision is now Kentucky law. Does the decision make mental institutions a storehouse of human bodies available for distribution to the more productive members of society whenever the state decides that someone’s need outweighs the danger to the incompetent?

In the case of Booth versus Maryland, the case favored victims’ rights over offender rights. According to the Eighth Amendment, the offender's constitutional rights were violated due to the jury being allowed to read the victim impact statement during the sentencing process of the trial. This additional, unrelated information allowed the jury to visualize how the crime impacted the victim's family. In this case, the state had introduced prejudicial and inflammatory documentation which provoked the jury to force unbelievable severe punishment. However, the presenting of the victim's statement during the sentencing process impacted the jury's decision. Under the Eighth Amendment, The Supreme Court decided that states cannot grant juries the opportunity

A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime

Critique the 6 alternative dividend policies proposed by Abe Markowitz. Discuss the implications of each for Georgia Atlantic Company. Make your recommendation on which is the best for the shareholders and state the reasons why.