Gorsuch Argument Analysis

This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. Police discretion is defined as “The opportunity of law enforcement officers to exercise choice in their daily activities” (Nowacki, 2015). This means that actors with a great deal of discretion at their disposal may allow biases to affect their decision-making. These decisions lead to important implications throughout the criminal justice process, especially in the courtroom. The process begins with the decision to arrest by a law enforcement officer in the field. Once the case is forwarded to the prosecuting attorney, multifarious avenues of discretionary decisions are available to resolve a case. Potential issues that could arise and that are ever-present in everyday policing include racism, sexism and socialism (Miller, 2015). These issues ultimately have a negative affect on the criminal justice process, leading civilians to not trust the one process and actors that are there to help them. While discretion should play a role in the actions a courtroom actor takes and cannot be eliminated entirely, instead it should be limited and controlled throughout the criminal justice environment so that citizens can once again trust the process and so that there will be no disparities.

In this chapter, the question of if judicial independence is being undermined is asked. Attacks upon activist judges is a recurring theme in the United States. Various judges are attacked across the state for the decisions they make. In an adversary system, a judge’s decision often fails to find favor with the losing party. These losing parties normally label the judge as and “activist”. This means that the judge had made an unpopular opinion. There has been many examples of judges being subject to the attacks such as when Justice Penny White was voted off the bench because she voted in a death penalty case to grant the defendant more leeway. These attacks on judges can have a harsh impact on the judicial independence. The American Judicature

Judge Neil Gorsuch is President Donald Trump's choice to fill the Supreme Court seat vacated a year ago by the death of Justice Antonin Scalia. Gorsuch graduated from Columbia, Harvard and Oxford, clerked for two Supreme Court justices and did a stint at the Department of Justice. He attended Harvard Law with former President of the United States Barack Obama. Since 2006, he has served on the 10th Circuit Court of Appeals, in Colorado.

Thus to conclude, Supreme Court Judge Clarence Thomas is consistent in his conservative voting to keep judicial restrain in effect. As long as there is not civil rights violations or straying from the constitution he will vote to keep the any law the same. His upbringing and past has helped create the conservative stance he holds. Being raised in poverty and in a racist community created his passion for law and civil rights. In comparison, he must continue to hold this conservative judicial restrain. Be that as it may, Judge Thomas received the appoint with only having one year of law experience. The controversy that surrounded his appoint after the retirement of Judge Thurgood Marshall has forced him to keep the public and the rest of the

My research was conducted and compiled to present information on the Supreme Court case Mapp v. Ohio. The Mapp v. Ohio case was brought before the Supreme court in the year 1961 and was and still is considered a landmark supreme court case in dealing with Civil Liberties and criminal Procedure. The case itself deals with the admissibility of illegally obtained evidence in criminal proceedings, but I feel the case addressed a more deeply rooted problem. A problem where american ideals of freedom and liberty are pitted against a changing social relationship with law enforcement, which I will discuss

They allude to the unanimous 9-0 decisions the Supreme Court has made as a strong indication that the court remains neutral. Chief Justice Roberts also recently stated at a Boston law school: “We don’t work as Democrats or Republicans” (Savage, 2016, p. 1). Moreover, Justice Scalia, when defending his conservative vote in a 5-4 ruling, claimed: “’I prefer not to take part in the assembling of an apparent but specious unanimity’” (Kuhn, 2014, p. 3). However, decisions become unanimous only when the ideological stakes are not large enough. As for extremely controversial topics, nearly every single recent 5-4 decision has been divided perfectly along ideological lines. The conservative majority, praised by Republicans, has unbelievably struck down major parts of the Voting Rights Act of 1965, upheld an individual’s right to own guns, and has allowed unlimited corporate spending in campaigns (Kuhn, 2014). These types of decisions have caused the divided Supreme Court that we have today. Looking at a more psychological and scientific perspective on this overall issue, an investigation by Anna Harvey and Michael J. Woodruff of the New York University found that the direction of decision and vote of the Supreme Court is frequently contaminated by confirmation bias; justices seeking out facts and reasoning that

In SCOTUS Gorsuch's very decision, he uphold state-sanctioned murder. Gorsuch was conformed for SCOTUS only after Mitch McConnell purposely refused give Merrill Garrick a senate

Both letter to the editor and editorial staff offer position that are supported by both facts and opinions. The letter explores to urges the new reusable bag ordinance while the editorial staff argues that they are serious about making Proposition 328 mandatory in every store. While both side make an acceptable case, it is clear that the letter provides a better argument.

Overall, this proposition has many good outcomes, varying from school funding being increased, to school debts lowering, to also keeping health care free for those low income families who are not able to afford a visit to the doctors office. Proposition 55 will continue to extend the positive aspects proposition 30 has been able to make and hopefully it even does greater things. Proposition 55 should be passed due to the fact that the funding heading to schools will be able to be used to give money to schools to hire more teachers while at the same time maintaining the same pay and benefits to its current teachers. This will support the education of the future generation and make sure they have the same advantages that the previous generations have been able to

Senate Democratic leader Chuck Schumer said he had "very serious doubts" about Judge Gorsuch's nomination.

The New York Times column relates to Chapter 4, 11, and 14 because it deals with a Supreme Court nomination. Gorsuch served as a clerk for David B. Sentelle in the United States COURT OF APPEALS for the D.C. Circuit and a judge in the COURT OF APPEALS for the Tenth Circuit. He is taking the CONSERVATIVE seat for Justice Antonin Scalia. Gorsuch was sworn into court after a long FILIBUSTER by Senate Democrats.

I agree with your statement that Olympe de Gouge is pushing women to be aware of the gender inequalities and stand for their rights in her Declaration of the Right’s of Women. In her declaration she asked women the question “Women when will you cease to be blind?” She is urging the women to start taking action regarding these gender inequalities. In the declaration, she outlined many rights that should be given to women and some of them were very controversial. She is implying that women have the power in their hand to be treated fairly, but they have to take actions in regards to this issue. As what she said in her declaration “Regardless of what barriers to confront your, it is your power to free yourselves; you only have to want to.” Fighting

Like the first source, it must be noted that the New York Times has a long history of credible news reporting and although they have a center-left leaning, they are trusted by a large portion of the public. According to the article, judges in “39 states face elections.” (Liptak 2016) The piece also elaborates on the numerous impacts of elected judges. One such impact is that judges are more sensitive to public opinion. Also, judges are more likely to give harsher sentences when an election is near. A report conducted by New York University School of Law found that “proximity to re-election makes judges more punitive – more likely to impose longer sentences, affirm death sentences and even override life sentences to impose death.” (Liptak 2016) The drastic impacts of elected judges around election time are another indication that political ideology and politics interfere with the operation of the judicial branch, and judges in