The Equal Protection

The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states “equality of rights under the law should not be denied by the U.S on the account of one's sex.” Section two says that “congress has the power to enforce this law.” Last but not least, section three says the amendment will take effect two years after ratification.

Petitioner’s appeal from a denial of that motion was dismissed by the Court of Appeals without any prejudice to relief under the Maryland. The petition for post- conviction relief was dismissed by the trial court; and on appeal the Court of appeals held that suppression of the evidence by the prosecution denied petitioner due process of law and remanded the case for a retrial of the question of punishment, not the question of guilt.

Whenever I hear about discrimination, prejudice or stereotypes, as they relate to race, ethnicity and you name it, my system aches. Being inhumane and lack respect for your fellow brothers or sisters, regardless of color, speaks volume and causes unsettling issues in our society today. In this assignment, my mission is to share an historic event that took place in Martinsville, VA back in 1949. This case includes rape and a racially motivated justice system, that leads to racial discrimination; ultimately, led to the execution of seven. This case garnered international recognition and eventually left an indelible scar on the world. With numerous evidence of racial discrimination, I have put together a compelling argument which establishes

The Equal Protection Clause derives from the Fourteenth Amendment, which specifies “no state shall deny to any person within its jurisdiction the equal protection of the laws…” As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court (“the Court”) concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment. Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University of Texas School of Law (“the law school”) violates the Fourteenth Amendment since neither the law school nor the University of Texas system has proved a proof of

Racial disparity in the sentencing process of the criminal justice system also exists because of racial jurors. To eliminate the suspensions of racial disparity of racial jurors the jury will select at least one African-American to serve for the jury. A percentage of African-Americans oppose capital punishment (Tabak, 1999, p. 6). Prosecutors commonly discriminate against African-Americans during challenges of discretions and blatantly abuse the powers of prosecutors. Juries predominantly use more Whites in every trial is inappropriate on the levels of the criminal justice system. Americans have rights to a trial by jury of peers and has the right not to exclude minorities in the selection of a jury. Excluding minorities in a jury of an individual’s peers is a violation of an objective and fair trial for a defendant.

Mr. Plessy was then brought before the recorder of the city for preliminary examination, and committed for trial to the criminal district court for the parish of Orleans, where information was filed him in the matter set forth, for a violation of Louisiana act. Mr. Plessy's argument was that the Louisiana Act did not apply to him being more of white descent. The main point of Plessy's argument was based on the fact of it being unconstitutional of the act of general assembly. In response, the district attorney on behalf of the state of Louisiana filled a demurrer. Upon the issuing of such demurrer, overruled the plea of the court be enjoined by a writ of prohibition from further proceeding in such case, the court will proceed to fine and sentence the petitioner to imprisonment and thus deprive him of his constitutionality of the act under which he was being persecuted.

“The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community. Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice. Discrimination within the judicial system is most pernicious because it is ‘a stimulant to the race prejudice which is an impediment to securing to [black citizens] that equal justice, which the law aims to secure to all others.’” (72 A.B.A.J. 68, July, 1986) With the Court’s ruling new standards were set that required the defendant to show: --That they are members of a cognizable racial group and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendants’ race --The defendants may rely on the fact that peremptory challenges are a jury selection practice which allow those who are minded to discriminate to do so --That these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. (Batson v. Kentucky 476 U.S. 79 [1986])

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

Ellen DeGeneres states, “I'm not an activist; I don't look for controversy. I'm not a political person, but I'm a person with compassion. I care passionately about equal rights. I care about human rights. I care about animal rights.”(“Ellen DeGeneres Quotes.”). Ellen is a popular television host that isn’t afraid to express her opinion to the public. She knows that people do not need to have a high education in equality to understand the every person deserves to be seen and treated equally. People can still take a stand and make a difference simply by supporting a cause. Imagine being discriminated against for something one cannot control, such as their sex. Many people had faced this, until someone decided to take charge. The Equal rights Amendment was supposed to protect oneself from this type of discrimination. A lot has had to happen just to get this amendment up and running to be introduced. The equal rights Amendment has a long history and can be linked to many famous writings, which makes it easily relatable to almost everyone.

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

Darryl Hunt is an African American born in 1965 in North Carolina. In 1984, he was convicted wrongfully of rape and murder of Deborah Sykes, a young white woman working as a newspaper editor. This paper researches oh his wrongful conviction in North Carolina. Darryl Hunt served nineteen and a half years before DNA evidence exonerated him. The charges leveled against him were because of inconsistencies in the initial stages of the case. An all-white bench convicted the then nineteen-year-old Hunt, even though there was no physical evidence linking him to the crime. A hotel employee made false claims that he saw Hunt enter the hotel bathroom, and later emerge with bloodstained towels. Other witnesses also fixed Hunt to the case.

The values of social work include service, social justice, dignity and worth of the person, the importance of human relationships, integrity, and competence. Including these values in one’s social work practice will in most cases create rather successful results. Discrimination against lesbian, gay, bisexual, transgender, and queer (LGBTQ) people will be the focus of this paper. The Equality Act will also be discussed because it is a policy being pushed to create federal non-discrimination laws for LGBTQ people. This then poses the question, will the passing of the Equality Act into law decrease discrimination against LGBTQ people? To answer this question the five dimensions of social policy and change will be discussed.

In school especially, as well as throughout our daily lives, we learn in America to live by the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding fathers of this nation created a Constitution which included laws that dealt with individual freedoms. However great the founding fathers envisioned the United States Constitution, it did not form a perfect union and justice for all. America would

Human rights are a key factor to living in a great environment surrounded by great people having and an amazing life well spent with other. If people would all pay attention to all the laws that had been right in the Declaration everyone would be free and would all be equal to each other.Closely looking at that would need some help on would be article 7 about equal protection, and article 11 part 1 on how people in our society shouldn’t be guilty unless proven. Studying the Declaration of Human Rights have made me think outside the box, and not just look at the laws that were written, but what problems that are occurring right now between the races. As brought up to my attention our society is having trouble with African American being stopped

juror including race and sex. Part of the reasoning behind the right to a jury