Case Study: Georgia Vs. Tennessee

FACTS: Graham, 16 years old, was sentenced to three years' probation, with the first year to be served in the county jail. Less than six months after being released, he was arrested for a home-invasion robbery with two accomplices. After that, he was sentenced to life imprison without the possibility of parole.

The trial court denied Harris’s motion to suppress evidence that was found when Officer Wheetley performed a search, and the court found that Wheetley had probable cause to search Harris’s vehicle. The defendant entered a not guilty plea and appealed to the intermediate state court. The intermediate state court affirmed the trial court's ruling. The Florida Supreme Court reversed the decision stating that Wheetley lacked probable cause. When the case was brought before the U.S. Supreme Court, they rejected and reversed the decision that the Florida Supreme court made, and they upheld the decision of the trial court.

There is one case that intrigues me, and confusing to me as well, Tompkins v. Alabama State University (AS) (1995). In the case of T v. AS, AS was told by a federal judge that the university needed to spend more state funds for scholarships to attract white students, the university was primarily black. The judge required the university to become more diversified. Jessie Tompkins along with others filed a lawsuit against the university and its white scholarship. In 2000 AS changed the name of the scholarship, making it racially inclusive. Tompkins denied the settlement because AS could still discriminate (Legislatures, June 2016). My confusion is, most want even opportunities for everyone, but AS had to change the program so it could no longer

Going against the Supreme Court, which is the supreme law of the land, in the Worcester vs Georgia case demonstrates how Andrew Jackson abused his power as president. John Marshall, the chief justice at the time, ruled that the United States did not have possession or legal jurisdiction over Native American land, and no individual states had authority in Native American affairs. However, Jackson went above this, since the court did not order marshals to enforce it. In the Indian Removal packet, it was stated that in May 1830, Jackson signed the Indian removal act to exchange land with Native Americans. To do this, he coerced tribe leaders, sometimes by getting them drunk or high, into signing away their land through removal treaties. In the

In Tennessee v. Garner (1985) a Tennessee statue was under scrutiny due to it providing that if, after a law enforcement officer stated his or her intent to apprehend a suspect, the suspect attempts to flee or forcibly resists the officer has the right to do whatever necessary in order to apprehend the suspect. With this statue in place a Memphis police officer shot Garner’s son while he was fleeing from a home that he was suspected for burglarizing. The officer shot Garner’s son in the back even though he suspected that the individual was just a teenager who was unarmed and was of slight build. The district court ruled that the shooting was constitutional, whereas, the appeals court reversed the ruling. The Supreme Court eventually ruled that

Troy Gregg was charged with committing armed robbery and murder. The jury found him guilty of both and sentenced him to death. Gregg challenged his remaining death sentence for murder, appealing that his capital sentence was a cruel and unusual punishment that violated the Eighth and Fourteenth Amendments. Court's earlier ruling in Furman v. Georgia (1972) which struck down state systems that afforded juries sweeping discretion in imposing the death penalty would spell the end of capital punishment in the United States. Many states, including Georgia, however, responded to the Furman ruling by passing new death penalty laws. The Georgia General Assembly, however,

First and foremost Police officers are instructed during their grooming at the police academy to use deadly force when stopping a fleeing suspect, however Police Officers are also taught, but when there are no other options. As we have learned from a landmark case Tennessee V. Garner, That the use of lethal force by law enforcement in the United States is subject to the 1985 Tennessee v. Garner decision. Under “Garner, deadly force may be permissible if “the suspect threatens the officer with a weapon or there is probable cause to believe that he has charged a criminal offense involving the infliction or threatened infliction of severe physical injury”. Upon watching the video several times it appears to me that suspect Scott was not in

In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.

Facts:          On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over

The Gregg vs Georgia (1976) case study is important because the state of Georgia was in the U.S. Supreme Court’s decision that capital punishment (the death penalty) was constitutional so long as the procedures involved in its execution did not oppose the Eighth Amendment to the Constitution. U.S. Supreme Court’s ruling in Gregg vs Georgia which involved a prosecution for a double murder committed in the development of a robbery. The ruling was rejected the legal argument that capital punishment in and of itself establish “cruel and unusual punishment” and thus disregard the Eighth Amendment of the Constitution.

Maria A. Cardona, write this opinion to support the majority opinion on the case of T.M v. State of Florida.

In the case of Corker v. Georgia, 433 U.S. 584, (1977)., we see that there are questions asked and answered concerning the sentencing of sexual offenders that have been found guilty of their criminal charges (Brody and Acker, 2010). In this case, we see that United States Supreme Court examined the use of the utilization of the death sentence in non-capital murder cases that involved brutal rapes that have a history of felony criminal convictions. These questions that are raised by Corker v. Georgia to the Supreme Court what is the degree of violence and the history of the offender justify the death sentence, does the 8th Amendment provide protection to those that have committed criminal activity but did not commit the crime of murder during their offence, and what would be a just sentence for those that have a violent felony history that commit the criminal act of rape of an adult (Brody and Acker, 2010).

A Bill of Rights recognizes and lists the rights individuals have and protects those rights from governmental interference, unless of course there is a valid reason for government action to take place. While the Bill of Rights for the Georgia Constitution and the United States Constitution do just that, they do have some distinctive similarities and differences. For example, the major difference I see is the fact that the Georgia Bill of Rights is found in Article one and consists of four sections and forty paragraphs, while the United States Bill of Rights consist of the fist ten amendments of the Constitution. This means that the United States Constitution did not originally list the rights of individuals, until anti-federalists fought hard enough to add a Bill of Rights to the Constitution. Another difference is that fact that the Georgia Bill of Rights is more protective of individual liberties than the changes made to the Constitution of the United States. For example, I saw that some freedoms such as the “Freedom of Conscience”, which can be found in paragraph three of section on of the Georgia Constitution, are not mentioned in the U.S. Constitution. There are many other differences considering the length difference of the two Bill of Rights; however, both documents clearly uphold the reasoning behind having a Bill of Rights. Both Bill of Rights list constitutional protection for individuals, and gives

By having knowledge of the chromium in the water supply, PG&E should have been required to let the people know that were affected by it. By not telling the citizens, they were withholding information that affected these people’s lives. Because a risk was created, consequences came, and nothing was done to prevent such injuries that did occur, PG&E should have been considered negligent.

The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a