“UNDUE PROCESS” WRONGFUL CONVICTIONS AND VIOLATIONS OF CIVIL LIBERTIES Latrina Dickerson Master of Arts in Liberal Studies Clayton State University, Morrow, Georgia February, 2013 “UNDUE PROCESS” Wrongful Convictions and Violations of Civil Liberties Abstract: Over the past twenty years, advancement in DNA technology has directly led to the exoneration of nearly 300 people in the United States. In addition to these scientific advancements, a growing body of
United States, 163 U.S. 662, 16 S. Ct.1192, 41 L.Ed. 300 (1896). The same principle has been applied after conviction, in more recent years; but if a defendant appeals a conviction and succeeds, it is not double jeopardy for the prosecution to retry the defendant; unless a higher court (appellate court) rules insufficient evidence in the case to sustain the defendant’s conviction. Nor would it be double jeopardy in a case if the trial court declares a mistrial by the defendant. However, if
The jury acquitted the corporation but convicted Dotterweich, who was sentenced to a fine and probation for 60 days, although under the statute he could have been sentenced to imprisonment for a year. The Supreme Court affirmed the conviction, holding that the statute required no mens rea at all with respect to whether those charged knew or should have known the shipment was mislabeled. I agree with the supreme court, because of the lives that are at risk, they should have been more
up her seat on the city bus to make room for more white people, which led to her arrest, followed by the Montgomery Bus Boycott which ultimately led to the desegregation of public buses. The most famous of all cases, however, was the leader of the Civil
to violence and further offenses/ harm the first amendment has rejected such awful forms of expressions placing a fence to one of the civil rights granted by the United States. Although the first amendment stands as part of the democratic ideals granting the people in the United States freedom of expression, the government should appropriately limited this basic civil right, with the attempts of preventing violence, or unlawful methods of terrorism restricting. Article 19 states that every person
increased amount of laws created, there is a vast variety of codes, which often overlap and thus cause an individual to commit dozens of violations for just one crime. These codes were created because of the laws/ codes set up originally by the Bill of Rights, and are consistently changed as well as re-created in order to maintain these rights and keep civil liberty. The next issue under discussion is what accounts for the fact that 95 percent of criminal cases end in plea bargaining, even though
sentence3. In this paper, the National Commission seeks to demonstrate the urgent need for the abolition of the death penalty from Kenya’s statutes. This is because the death, penalty is a violation of the fundamental right to life. The death penalty The death penalty entails the taking away of a person’s life after conviction on a capital offence by a competent court. This form of punishment has
any violation of public order, public health, morality and security of state. Further, in respect of freedom of profession, trade, and business, the state can prescribe professional or technical qualifications. The State can also nationalize any industry or business. Protection against Arbitrary conviction (Art. 20). The constitution provides protection against arbitrary conviction in cases of offences committed by a person. It lays down that: No person canbe punished except for a violation of
Civil Liberties, Habeas Corpus, and the War on Terror Civil Liberties, Habeas Corpus, and the War on Terror Do you remember where you were on September 11, 2001? I was working as a Personal Care Provider in a Senior Home at Newport, NJ. Do you remember the feeling you felt when you saw the planes crashing on the Twin Towers in New York? I remember feeling powerless. I wanted to do something to help out the people trapped in those towers. It was a horrible feeling not to be able to help
the opportunity for exoneration. Since the process of an execution can immobilize a person from being able to speak if they are in pain it is viewed that the death penalty is a cruel and unusual punishment which violates the 8th amendment. The violation of the 8th amendment also applies to juveniles and mentally retarded criminals because they do not have the capacity to understand that the crime they committed was a societal wrong. Statistically, the amount of people who are convicted are generally