U.S. v Salerno (1987) established that there is not absolute right to have bail set. Salerno argued that the 1984 Bail Reform Act violated his 5th amendment due process rights. the 1984 Bail Reform Act allowed federal courts to detain arrestees prior to court if the government could prove that individual was potentially dangerous to other people in the community. In Selarno's case, he was connected to a crime family and had ties to crime. The court held that the act was constitutional because pre-trial detention could be the only potential solution to a pressing societal
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
While, reading the case, Elonis v. United States, I was astonished to see that someone would post something so explicit, offensive, and inhumane. Basically, the case of Elonis v. United States is about a man named Anthony Elonis who is an upcoming rapper and used his stage name, Tone Dougie. His Facebook page consisted of him posting disturbing rap lyrics. Even though Elonis was going through a divorce with his former wife, which did not stop him from writing and posting crude lyrics. Eventually, it got to the point where his wife felt that she was being targeted by his lyrics. According to an article on, New York Times, Elonis wrote that he wanted to see a Halloween costume that included his wife’s “head” on a stick. Obviously, she felt threatened and reported the assaults to the police. Anthony Elonis was convicted for posting threats that targeted his wife, his coworkers, police officers, a kindergarten class, and even an FBI agent. Although Elonis argued that his posting are not considered to be a “true threat” and that he is protected under the First Amendment. I believe he wanted to cause fear towards his wife, Tara and therefore, is his lyrics are a true threat. Basically, a true threat is defined as something a person would consider to be “purposely” harmful and cause pain. Elonis mentioned that his post were not offended nor were the threatening anybody. He stated that he did not have the intent of trying to harm anyone, he was just trying
United States v. Lopez was a landmark case, being the first United States Supreme Court case, since the New Deal, to set limits on Congress’s power under the Commerce Clause of the United State Constitution. United States v. Lopez dealt with a previous decision made by the Supreme Court called the “Gun-Free Schools Zone Act of 1990,” and whether this act was constitutional. In other words, is Congress given the power by the Constitution to regulate guns in schools under the Commerce Clause?
Raymond DeSABATO, Jr., and Robin DeSabato, Plaintiffs,v.UNITED STATES of America, Defendant.Civil Action No. 06–40151–FDS.March 6, 2008.
The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose
The Dusky V. United States was a case that began to question the competency of people that have committed crimes. On September 10, 1958 Milton R. Dusky was charged with unlawfully transporting, a 15 year old, across state lines from Missouri to Kansas with two other young boys, Leonard Dischart, age 13, and Richard H. Nixon, age 16. The young girl had known Nixon before she knew Dischart; therefore, she accepted the invitation when the two boys and the defendant asked if she needed a ride to the drug store. Dusky and the boys, after leaving the drug store, had decided to go for drinks, that Dusky had provided. Intoxicated, they debated whether or not they should have sexual relations with the young girl with “the type of girl she is.” Returning
The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questions. The premise of Breyer’s approach is that the Constitution enshrines values and principles, but it grants judges the flexibility to apply those principles to changing circumstances (Yale 11). Hence, pragmatist judges embrace constitutional
I choose the Supreme Court case United States v. Causby because initially it reminded me of the movie Burlesque. In the movie, a man named Marcus did not want the view of his penthouse to be ruined by a skyscraper being built right next to the window. So, instead of buying the land property, he bought the air rights. Owning these air rights means that he owned the air above the surface level. This is similar to this Supreme Court case because Lee Causby was suing for the disturbance being caused planes that was happening above his property, and common law doctrine said that ownership of land extends to the periphery of the universe. Lee Causby “owned a dwelling and a chicken farm near a municipal airport. The safe path of glide to one of the
During the supreme court case U.S v. Lopez, the United States Federal Government’s argument was that carrying a firearm inside an educational environment would lead to a violent crime. A violent crime ultimately affects the population of a school. Due to this, the federal government believed that the commerce clause should be practiced in this case. The Supreme Court backed the previous decision offered by the Five Court of Appeals. In United States v. Lopez, the U.S Supreme Court stated that Congress actually has the ability to make laws under the Clause, but these powers were limited and could not affect the Lopez case.
District of Columbia v. Heller is a court case that occurred through the years of 2007 through 2008. The reason of the occurrence of this court case is because Dick Anthony Heller was a special police officer in D.C.. He was authorized to carry a handgun on duty but not off duty because of D.C.’s policy on firearms. D.C. made it illegal to carry unregistered firearms and prohibited the registration of handguns. However the Chief of Police could issue a one year license to carry a handgun.
In the case of Kyllo v. United States, I believe that the federal government did not exceed boundaries set by the Fourth Amendment. Conducting basic surveillance of the home with a basic thermal imager, Kyllo’s illegal activities were inferred using common patterns associated with indoor marijuana growth, and this information was used to obtain a search warrant. Although agents used extrasensory technology to view the normally invisible heat radiating from the home, their actions did not infringe upon Kyllo’s rights. All of the information used in obtaining the search warrant was gained from the exterior of the house, not through an unconstitutional search. However unorthodox the methods may have been, they did not constitute a violation.
The final argument Alexander makes is called “Poor Excuse,” which that police use minor traffic violations to conduct what is called a “consent search” or a “safety search”. A consent search is when an officer "asked" for consent to search someone’s vehicle. Many people do not refused, but some do refuse, and that is when some officers will bring drug-sniffing dogs around someone’s vehicle and tell the dog in German to bark, which allows the officers to search the vehicle for suspicion of drugs. The Supreme Court has ruled in Rodriguez v.United States that walking a drug-sniffing dog around someone's vehicle (or someone's luggage) does not constitute a "search," and therefore does not trigger Fourth Amendment scrutiny. In addition to a “consent
Giglio (defendant) and Taliento (co-defendant) were thought to be committing several forgeries. The prosecution presented Taliento with immunity in trade of his testimony against Giglio. During the trial, Taliento said that the prosecution never offered leniency for his testimony. Giglio was ultimately convicted. After filing an appeal, Giglio learned of Taliento’s offer from the prosecution.
Mr. and Mrs. Cesarini discovered in 1964, when cleaning a piano they acquired at an auction in 1957 for $15.00; old money that they converted to new money in the amount of $4,467.00.
1) Identify audit procedures that, if employed by Ernst & Whinney during the 1981 USSC audit, might have detected the overstatement of the leased and loaned assets account that resulted from the improper accounting for asset retirements.