New York State Penal Law V. Newton Case Analysis

Joseph Lochner was a bakery owner in New York who was convicted of violating a law limiting the hours of employment in bakeries to 10 hours a day and 60 hours a week. The New York appellate courts ruled against him, sustaining his conviction. Lochner appealed to the Supreme Court from the New York Court of Appeals.

The case of New Jersey vs T.L.O was a resultant case of a search conducted by the then assistant vice principal- Theodore Choplick at Piscataway township high school with two freshmen girls -T.L.O inclusive, after a teacher had caught them smoking cigarettes in the bathroom. The first girl had admitted to the offense, however, T.L.O denied this. This prompted Theodore to demand to search her purse where he found implicating evidence. In short, she was expelled and fined for 1000 USD. This led to a court case with an intent on proving that the school had violated the Fourth Amendment since the school was a Governmental organization. The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,

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.

New York v. Sullivan (1964) involves the petitioner the New York Times Company and the respondent City Commissoner L.B. Sullivan and was decided on March 9th 1964. According to Oyez, a brief history the case was “decided together with Abernathy v. Sullivan (1964), this case concerns a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King 's efforts to integrate public facilities and encourage blacks to vote. L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Under Alabama law, Sullivan did not have to prove that he had been harmed; and a defense claiming that the ad was truthful was unavailable since the ad contained factual errors. Previously, according to the Alabama Encyclopedia, “Under Alabama law, belief in the truth of statements did not excuse libel, although it could be used as a factor when determining punitive damages. During the trial in Montgomery 's circuit court, six local residents testified that they believed the statements in paragraphs three and six referred to Sullivan personally. Therefore as a remedy sought in the lower courts, the jury awarded Sullivan $500,000, which was affirmed by the State Supreme Court after an appeal by the NYT, The New York Times

Within certain circumstances, liability is based on the accused 's action, which is also known as an act of omission or negative act. Regardless of the defendant 's motive, the failure to act supports a finding of criminal liability only when the s/he is under a binding legal duty, has the necessary knowledge to behave aptly and carrying out his or her responsibility is possible. Even so, there are instances when the issue of guilt results from a lack thereof. Each element must be proven beyond a reasonable doubt and decided as a matter of law by the court. With regard to any crime, all criminal elements are distinguishable and identifiable for the careful analysis of each issue. Take for example the difference between points of dispute in Proctor v. State (1918) and People v. Newton (1973) when reading Criminal Law: Cases and Methods.

In the case New Jersey v. T.L.O., the student’s purse was searched after the principal had reasonable suspicion that she had cigarettes in her purse since she was caught smoking in the bathroom. The court decision in this case concluded that teachers are acting as agents for the state and are therefore allowed to search if they have reasonable suspicion. Students do have the Fourth Amendment right as all people in America have. However, student’s expectation of privacy has to be balanced with the needs of the school to maintain the educational environment. Schools do not have to obtain a warrant to search, but must have reasonable suspicion in order to search a student’s person or property.

Although Etzewieler allegedly knew Bailey was intoxicated, he still allowed Bailey to use his vehicle while he

The Dred Scott vs. Sanford case was a huge decision in the history of our country. Dred Scott was a slave who was owned by the Sanford family. The Sanford family moved Scott to a Wisconsin territory, where slavery was prohibited under the Missouri Compromise, where he lived for 4 years working on and off to raise money for him and his family’s freedom. Later on, the Sanford family moved him back to St. Louis where Scott tried to buy him and his family freedom but was denied by the Sanford family. Scott sued the Sanford’s and made a case that he and his family lived in a free area for an extended period of time making him legally free. The state court declared him free but the wages that Scott had were withheld by the Sanford family who then appealed the decision to make Scott free to the Missouri Court. The Missouri Court overturned the decision to make Scott free and ruled in favor of the Sanford’s. Scott then sued the Sanford’s again for physical abuse and the court would not rule on it because they said Scott was regarded as a slave in Missouri territory.

Please give the facts and significance of the two cases, mentioned on your weekly page, involving school searches: NJ v. TLO and Redding v. Safford School District. What is the difference between searches conducted in schools and those conducted in public? NJ v. TLO case was about a female who was caught smoking in her school bathroom. When she was searched money was found on her and list of people who owed her money and weed. In another case Redding v. Safford School District, “Savana Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy” (Safford Unified School District v. Redding,

Since the creation of baseball, the game has been America’s favorite pastime. Baseball has fostered connections throughout generations and has a rich history that goes beyond the surface of the general game. Although slavery was no longer a concern during the peak of baseball, the culturally iconic game was not always integrated. Some African-Americans were allowed and able to play on predominantly white teams, but unfortunately racism was still an issue for most.

B.T.G. Inc. is a mediation and arbitrary firm located in Jacksonville, Florida. Gaylon K. Powers is certified by the Supreme Court of Florida as a county, family, and circuit mediator. He has over 30 years of experience in the business. Gaylon K. Powers has spent his career on participating at result-driven discussions and activities. Their mediation rate starts at $90 per hour with a $60 admin fee.

Duane Buck, a death row inmate, has served more than twenty one years for murdering his ex-girlfriend Debra Gardner and Kenneth Butler. He accused Kenneth for sleeping with Debra and also shot his stepsister in the chest, who survived. After shooting Kenneth, Gardner ran to the street and was chased until she was gunned down while her children watched. Even though the crime should be punished, bucks attorneys argue Mr. Buck was denied a fair trial. Walter Quijano, a psychologist, gave his testimony during the trial stating that Buck was more likely to be a future danger because of his racial color. What surprises everyone is that Buck’s defense lawyer was the one who called Quijano and evoke the testimony. Even though the racial testimony had no place in the trial it still didn’t justify whether they should throw out the death sentence. No racial testimony appeared to be in his early appeals due to his counsel’s impotence for introducing it. Still it was very believable because this was not the first case Quijano made a similar testimony that had violated an inmate’s constitutional rights. Bucks lawyers tried to use this information to fight for Buck but they were not successful because the courts ruled Buck had waited too long to raise the issue. The argument here is if Buck is

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.

Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?

Christopher Simmons was not your typical American teenager. Abused and neglected as a young boy, by the time he was seventeen years old he came a convicted murderer and was sentenced to the death penalty. His case quickly became under fire for overriding his Eighth Amendment right that stated that the federal government cannot impose cruel and unusual punishment upon anyone. Christopher Simmons was old enough and mature enough to understand that what he did was morally and socially wrong. If someone can completely conjure up a murder plot by oneself, then they should be sentenced to the death penalty no matter the age. Simmons should have received the death penalty despite his age at the time of the crime he