Georgia V. Georgia Case Study

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).

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

Hannah Patrick, one has only to look at some of the cases such as Coker v. Georgia to feel that the death penalty does not violate the Eight Amendment’s ban on cruel and unusual punishment. However, the U.S. Supreme Court says it is excessive punishment for the rape of an adult woman and that it violates the Eighth Amendment prohibition of cruel and unusual punishment. In Coker v. Georgia, the defendant raped a woman and stabbed her to death. Eight months later he kidnapped another woman, raped her twice, and abandoned her to die after biting her severely. While he was serving multiple life terms in prison, he escaped and kidnapped, raped, and robbed a third woman at knifepoint (LeSage, 1978). I do not see how you can read about this case and decide as the U.S. Supreme Court did.

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 Georgia Constitution has many differences then you think, from the US Constitution. The differences are determined by the time of creation of both the Georgia and United States constitutions. With that being said, the United States Constitution throws down the fundamental aspects of the Constitution like the legal, political and economic system. Then there is the Georgia Constitution, this constitution extends the first Amendment of the United States Constitution and provides us with more accurate details on the freedom of religion. The Georgia Constitution just basically meets the United States Constitution, but is more up-to-part and

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

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.

I found this unit to very interesting because although I knew that each state had its own constitution I did not realize some of the similarities and differences that they shared. It is important to understand your states constitution because we have more contact with state and local governments on a daily basis than we do with the federal government. Above I made this table that visually shows us the United States and Georgia Constitution so we can compare and contrast them. As we can see the United States Constitution has seven articles and was only ratified once in 1787, while the Georgia Constitution has eleven articles and had been ratified 10 times with the more recent in 1983. Looking at my table I bolded the similarities between the

Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.

Death penalty, or also known as capital punishment, today is still used. Many oppose many support it. In the case Furman v. Georgia, the death penalty was abolished. But not fully, because it is still used today. In 1991 more than 2,600 people awaited execution but only fourteen were executed. Capital punishment should be legal, and should be used more often.

The Georgia Select Committee on Constitutional Revision had a goal when they ratified the 1976 Georgia Constitution- to create a brief, clear, and flexible constitution. The Georgia Constitution, which was ratified in 1983, is the governing document of Georgia. It has 11 sections and is subdivided into paragraphs. Article I is the Bill of Rights for the citizens of Georgia. Article II concerns voting and elections. Article III establishes and defines the legislative branch of government. Article IV deals with constitutional boards as well as commissions. Article V establishes the executive branch and details the responsibilities of the governor. Article VI establishes the court system in the judicial branch of government. Article VII concerns

In addition, the owner argued that the act violated his Fifth Amendment rights to choose customers and operate his business as he wished and resulted in unjust deprivation of his property without due process of law and just compensation. Finally, the owner argued that Congress had placed him in a position of involuntary servitude by forcing him to rent available rooms to blacks, thereby violating his Thirteenth Amendment rights.

Even If This Court Was To Find That Ms. Brie’s Authority to Consent Was Ambiguous, This Court Must Still Find that the District Court Properly Denied the Defendant-Appellant’s Motion.

The state of Georgia earned the nickname "The Empire State of the South" in the antebellum period largely because of its textile industry. From 1840 until 1890 the state consistently led the South in textile production,

As the result of a national referendum following the fall of the Soviet Union1991, the people of Georgia reestablished their independence and proactively sought Western-style democracy. The semi-presidential type of democracy may have been chosen by Georgia because of its familiarity to that of the Russian Federation. From 2004 to 2013 the country operated as a sub-type of semi-presidentialism known as a president-parliamentary system. Since 2013, Georgia has transitioned to the other type of semi-presidentialism known as premier-presidential, a change which further reduced the powers of the president.