State Constitutional Law Case Study

A muddy shoe print was use to link an unnamed man who was on the run from the police to his vehicle which was carrying 3 ½ pounds of marijuana. Police detective Chad Larner attempted to pull over this man in a Mazda for speeding but he would not stop. The man was eventually able to lose Larner. He then parked the car, got out and tried to hide. The police later found the car and found the man two blocks away. He attempted to bribe a young woman to walk with him by saying that he would give her $40. The woman told the police that he told her that he was in a police chase in which he was not the driver and he was trying to hide from the police. When the police searched the car they found four bags of the 3 ½ pounds of marijuana. The police also

The Court apprehended that conducting a DNA buccal test as a part of the arrest process and it does not violate the Fourth Amendment because the test serves from a state that does not require a warrant for a search. The Court apprehended that determining an arrestee's character and criminal background is an essential part of the arrest process and that a DNA test is just as lawful as fingerprinting. Determining a suspect’s criminal background serves the legitimate state interest of determining what level of risk the person positions in the community and what circumstances should be established on his or her discharge from

In effort to help you prepare for the upcoming Multi Disciplinary Team meeting for the case The State V. Sam Ruth, you have asked me to look further into the following concerns (1) Wendy’s “normal” medical exam findings. (2) Wendy’s diagnosis of a Urinary Tract Infection (UTI) and if it is relevant to her disclosure of sexual abuse; (3) Wendy’s resistance with testifying in court; and (4) Wendy’s recent recanting of her allegations of sexual abuse.

Throughout the course of this investigation, the following courthouse was researched to locate any all court documentation for Dennis Baker and Charlotte Baker, as the search was expanded to include Shawna Thornton’s affiliation with the Bakers’.

In order to support his opinion, the author uses historical references to the enormous impact of racial inequality on African American lives. Additionally, Desmond names a set of historical data and rates of the poor African Americans in cities to enhance the reader’s understanding of this complex situation. African Americans were also more likely to get the apartment with broken furniture, windows, and other facilities that confirmed the existence of racial inequality (Desmond, 2016, p.249). To reassert his position, Desmond provides offensive statistics that millions of people are evicted from American homes, and most of them are African American (Desmond, 2016, p.293). As a matter of fact, the author proves that housing discrimination based on race is the primary cause of

In the case of the State v. Wells, Defendant Paul Ellis Wells was charged with a DUI in California for operating a motor vehicle under the influence of marijuana and causing serious bodily injury to three other victims. At first glance, this case seems obvious that the defendant’s negligence at the wheel was caused by him being intoxicated. Further research shows that the defendant was diagnosed by a doctor as being prediabetic. In my opinion, the actus reus elements of the crime of DUI would be that the defendant did test positive for marijuana in a blood test conducted which in any state would be considered a DUI because it is obviously a crime to operate a motor vehicle under any substance that can alter your mind. On the other hand,

I am humbly asking that the court of Tennessee will appeal its verdict in regards to the nationally recognized Scope v. State, in 1925. This case will argue the liberties in educating future scientist and general students; and not subjecting religious beliefs in a publicly taxed arena. John Scopes( the defendant) is an educator serving as a substitute teacher at Rhea County High School in Dayton, Tennessee public school system. The defendant was accused of violating the “Butler Act” on the 25th of May, 1925 ,which forbade the teachings of Evolution in public schools because, of the major contradictions to biblical doctrines. William Jennings Bryan( the Prosecutor) was a highly respected lawyer and former secretary of State. Clarence Darrow was an extremely notable attorney who served as legal counsel for Mr. Scopes.The defendants actions resulted in a criminal trial that was held for eight days. Coverage of the case was the first to be publicized by a reporters in the courtroom. The verdict was in favor of the state of Tennessee which motioned that the Butler Act was broken. Scopes found guilty and charged with a substantial fine of $ 100 dollars($1366 in 2017). It is my argument that the defendant was poorly favored by the court because, the testimonies examined where those persons whom Mr. Scope taught the chapter Evolution to. Testimonies that would support the defendant was overruled.

Body paragraph3- Everyone is entitled to a house, as long as they can afford it. Well, the Shelley Family had money and they bought a house in a white neighborhood. At the time, black people couldn't live in white neighborhoods so Kraemer sued to take the house back. The Supreme Court considered two questions: are racially-based restrictive covenants legal under the Fourteenth Amendment of the United States Constitution, and could they be enforced by a court of law. In the end, they realized that the argument violated equal protection from 14th amendment . But despite the ruling of the Court, the widespread practice of racial covenants continued, although it is now legally

To be honest, the majority of the topics or cases discuss in the course were interesting in their right. They touched on all aspects in criminal justice,but in a more thought provoking manner. Our first discussion post on the flexibility and stability of the Constitution helped me further understand the goals of the constitution. I have not had the opportunity to study the law from that perspective since my undergraduate studies ten years ago. Unit three’s discussion involved Wisconsin v. Mitchell and Apprendi v. New Jersey. This was a favorite as well. This case viewed racism and bigotry from both sides. Those cases express that hate does not have one particular color. I will continue to agree that Mitchell’s right was not violated (Wisconsin v. Mitchell,1993). When there is proof that the intentions of a criminal are racially motive, there should, in fact, be harsher penalties. For instance, in Apprendi v. New Jersey, where the preponderance of evidence proved that Charles Apprendi crime was to intimidate the African American family that moved into the neighborhood (Apprendi v. New Jersey, 2000). To create a positive shift in the society, we as a

The Leno Amendment can help solve some of the issues that surround the act, by imposing new restrictions and regulations that will hopefully reduce the number of “casualties”. In imposing fines for violations of the act and limiting the number of times the act can be enforced, California is headed in the right direction. However, it has some missteps, such as the lack of time extension for evicted tenants to find new homes. Despite this, the Leno Amendment is the right choice for California. As the Leno Amendment attempts to aid the financial situation of the tenants by giving them more time to relocate, as well as being paid relocation fees, the state of California is attempting to even out the wealth gap. The landlords gained the most money and made up smaller, but wealthier end of the spectrum, whereas the tenants gained the least, and made up the poor majority while the Ellis Act is in place. However, with the aid of the Leno Amendment, California is not only addressing the issue of greed and high tenant evictions, it is also taking a progressive step forward in the fight against the wealth

Political forces, which are controlled by the government, can majorly influence and change the way people live their life. From the Federal Housing Administration, which enabled citizens to become homeowners by underwriting mortgages, to the Interstate Highway Act, that change the route of expressways, political forces can dramatically change the way a city runs and functions. Wilson (2011) states, “In short, public housing became a federally funded institution that isolated families by race and class, resulting in high concentrations of poor black families in inner-city ghettos” (pg. 14). Wilson describes political forces as

The state of Mississippi has not passed many laws, which are named in honor of crime victims. A check of the state legislature’s web site, which shows the status of bills passed during each legislative session, shows that, since 2006, only three laws have been passed, which are named in honor of crime victims (Miss. Bill Status, 2016).

Article 25 of the Universal Declaration of Human Rights asserts that housing is a fundamental component to a decent standard of living, yet few city governments--even in the most developed economies--have proven themselves capable of ensuring such a basic right to their constituents (United Nations, General Assembly). Ranked 49th among the 50 U.S. states for its number of housing units per capita, California has notoriously struggled with chronic shortages in its urban housing market. With 118,142 homeless people recorded in 2016, California holds almost 22% of the nation’s homeless population (Fact Sheet: Homelessness in California 1).

Every New Yorker has the right to a safe and affordable place to live in. New York’s shortage of affordable housing has reached a crisis point. Poor and elderly people throughout New York City are at a greater risk of homelessness and forced low-income residents do not have food or medical care to stay in their homes. A sinful structure of homelessness in New York City is New York’s shortage of affordable housing. Millions of New Yorkers are desperate to find affordable housing and tens of thousands are forced to live either in dirty shelters or on the streets. Recent data indicates that nearly 60,000 people, including more than 23,000 children, stay in the city’s main homeless shelter system (Guelpa). A small amount of poor renter households received a housing subsidy from the local government. Little assistance is being provided which means that most poor families and individuals that seek assistance

In Grootboom the Court was faced with the issue of a group of displaced squatters, who felt that their rights under sections 26 (everyone has right to adequate housing) and 28 (1) (c) (every child has right shelter) were being violated. The Court’s ruling found that the government was not meetings its obligations under sections 26 (2) of the Constitution, which required that the state take measures to increase access to housing; specifically the Court noted that the state had especially failed in providing any sort of aid to those poor who were in desperate need of places to live. Thus the Court issued an order declaring that the state devise and implement a program to