The Case Of De Jonge V. Oregon Essay

The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.

The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty-five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014).

In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

Terry v. Ohio is an important case in law enforcement. What did the Court say in this case, and why is it important?

When a person takes steps toward the commission of a crime and has a specific intent to commit the crime, but for unforeseen reasons is unable to complete the crime the person has committed the crime of Attempt (Jirard, 2009). In the case of the State of Indiana versus Donald J. Haines, emergency personnel including two police officers [Dennis and Hayworth] along with emergency medical technicians [Garvey and Robinson] responded to Mr. Haines’s apartment for a report of a possible suicide that just occurred. When officers Dennis and Hayworth arrived at Haines’s apartment they discovered him lying face down in a pool of blood. Officer Dennis noticed that both of Haines’s wrists were cut and were bleeding. When Haines heard the paramedics he stood up, and began screaming at Dennis that he has AIDS and that he should be left to die. Dennis advised Haines that he was there to help him, and Haines told Dennis that he wanted to fuck him so that he could give him AIDS. Haines than told Dennis that he was going to utilize his wounds to spray blood on him, and began to jerk back and forth causing his infected blood to get into Dennis’ mouth and eyes. Haines told Dennis that he could not deal with having AIDS, but that he was going to make him deal with it.

As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical

The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view

The human brain is a remarkably intricate organ. Therefore, simple mutations in its complexity can result in devastating conditions leading to acts of violence. Kinkel, a fifteen-year-old boy, demonstrates his partaking in the unnecessary murders of both his parents and innocent bystanders. Kinkel is said to have shown signs of his intentions through inconspicuous matters. Later holding the guilt of four deaths and twenty-six attempts via semi-automatic weaponry (para. 5). The mental instability of the subject is proven to be in effect, and a suitable cause for these behaviors. The document in question is “The State of Oregon v. Kipland Philip Kinkel”, in which encompasses a trial the young boy capable of murder. Kinkel is convicted of the absolute minimal sentence for the nature of his crimes, followed by his seemly confession. The defense and prosecution contemplate proper arguments given the defendants substantial witnesses to the crimes and articles of law. Justice is debated among the courts and how to satisfy these reprimands. Judge Haselton effectively uses ethos, logos, and pathos to support the higher courts decision to deny the appeal because the original sentence was constitutional and just.

In the Case of Missouri v. Seibert, a mother named Patrice Seibert was convicted of second degree murder. Patrice Seibert had a son named Jonathan who was twelve years old and had cerebral palsy. Jonathan Seibert suddenly died in his sleep, and his mother thought that she would be held responsible for his sudden death. Ms. Seibert then devised a plan with her two older sons and their friends. She wanted to cover up the death of Jonathan, so she conspired with her sons and their friends to cover up the death by burning down their mobile home. Donald Rector was a mentally ill individual who stayed with the Seibert’s and later died as the home went up in flames. Several days later, Seibert was taken into the police station and questioned about the mysterious mobile home fire. While being interrogated, the officer waved Ms. Seibert’s Miranda rights. She was questioned for thirty to forty minutes before she was given a break. While being questioned, the officer hoped that Ms. Seibert would voluntarily confess to the crimes that had taken place. After her break, she was then questioned a second time. This time, the officer turned on a recorder and then read Ms. Seibert her Miranda Warnings, and the officer also obtained a signed waiver of rights from Seibert.

Following a fight with a friend outside a bar, Floyd Johnson, went to his house, got his .22 rifle and ten cartridges, went back to the bar, crawled under a pickup truck across the street and sat in wait for his friend. He later testified that he at first intended to shoot the friend to “pay him back” for the beating he received earlier.

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

He gets a phone call from a person identifying himself as Snitch aka ( Lloyd Williams) who tells the officer, "Trust me, Batman and Robin are planning to start a huge narcotics smuggling ring. They 've already imported more than 100 kilos of cocaine and are planning to slowly put them on the street through Drugger, using one of their erstwhile adversaries."

This essay is purposed for the evaluation of the provocative case, The State of California vs. Orenthal James Simpson, more commonly referred to as O.J. Simpson. On the 12th of June, 1994 the homicide of Nicole Simpson, O.J. Simpson’s ex-wife, occurred at her home. Reports of a body sprawled out the front of Nicole Simpson’s house were made through a 911 call. On arrival, police made the discovery of Nicole Simpson and her friend Ronald Goldman’s dead bodies outside the house. The review of this investigation will be achieved through; Assessment of the key aspects of the process of investigation. Evaluation of the main investigative flaws made throughout the investigation. Identifying strategies to prevent these flaws from happening in

At the turn of the twentieth century, a bourgeoisie fixation on capitalistic structures and mass consumerism often juxtaposed the call for meritocracy, thus placing some individuals at an advantage over others. Tension was soon evident between the beneficiaries and the exploited of the gilded economy. This push and pull relationship can best be observed in the 1908 Supreme Court case, Muller v. Oregon, in which the owner of a Portland Laundromat violated state legislation that disallowed women from working more than ten hours a day. Siding with the needs of the laborer, the Supreme Court overruled Muller’s claim for freedom of contract and right to property (Gagnon Lecture, 01/26/15). While many argue that this decision devalues the relationship between employee and employer as well as undermines an individual’s inalienable rights to life, liberty and property at the hands of another, there is an underlying, and perhaps even larger issue at hand. The ruling of the case indicates that judiciary actions taken only reinforce gender formations- once again attacking the plea for equal opportunity. Because of this alarming backlash in societal equity, the Supreme Court’s decision should be deemed unjust. Although the case recognizes the significance of employee rights in the workforce, the decision is restricted to the sole protection of female workers and only