Wednesday, May 6, 2020

Violation of Fourteenth Amendment Due Process Rights

FACTS Appellant Brady was found guilty of first degree murder by the Maryland Court system. During his trial hearing Brady admitted to participating in the organization and forethought of the crime with a partner, although plead that he himself did not commit the crime. After disclosing his involvement, Brady’s lawyer admitted to his guilt but asked for a lesser penalty since Brady didn’t commit the murder. Before trial Brady’s council asked for all relevant information to the trial and were given most, but not all of it. The withholding of evidence was a violation of due process laws in which a new trial was requested. A new trial was granted but only for sentencing and not a retrial of fact. PROCEDURAL HISTORY Brady was convicted of murder in the first degree even though he proclaimed not have committed the murder and that his partner in crime carried out the deed, no pun intended. His accomplice had admitted to committing the murder in a separate trial which Brady learned of later on. The confession of his accomplice was suppressed and not shared with the defense as it had been requested. After the defense learned of this suppression, an appeal was filed and remanded the case for retrial of sentencing only. The United States Supreme Court upheld the decision and confirmed while the withheld evidence did violate the due process clause, it didnt prove innocence and a granting just a new sentencing trial was legal. LEGAL QUESTION†¨Ã¢â‚¬ ¨ Were Brady’s Fourteenth Amendment dueShow MoreRelatedThe Road Brown V. Board Of Education Of Topeka ( 347 U.s.1455 Words   |  6 PagesHistorical Setting The road to Brown v. Board of Education of Topeka (347 U.S. 74 (1954)), is littered with many Supreme Court cases that have battled for equality in education. The Fourteenth Amendment strengthened the legal rights of newly slaves and became the stomping ground for many Supreme Court decisions. There were six separate cases concerning the issue of segregation in public schools that was heard and consolidated into the one case named Brown v. Board of Education. The cases includedRead MoreThe Importance of the Thirteenth, Fourteenth, and Fifthteenth Amendendments1493 Words   |  6 PagesThe Thirteenth, Fourteenth, and Fifteenth Amendments of The United States Constitution were important for implementing a total reconstruction of America and the blessings of of liberty to everyone that lived within the borders or our country. These ideas of equality would be reached out to the entire population including but not limited to slaves and their descendants and all American Citizens. These Amendments were especially important to African Americans and minorities who were the main victimsRead MoreThe Case Plessy V Ferguson Essay1726 Words   |  7 Pagesblack. In the case Plessy v. Ferguson, 1896 took place during the era of Jim Crow laws which advocated for separate but equal laws. Plessy was presumed colored due to the one-eighth black factor under the Louisiana law. It was held that Plessy was guilty since the race-based Jim Crow laws, which were applied in his conviction, were not in violation of the Constitution as long as the State of Louisiana proffered the separate but equal treatment. However, in the ruling, one jury member chose to dissentRead MoreCriminal Procedure Policy Paper1457 Words   |  6 PagesKathleen H. Mooneyhan â€Å"Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty† (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order andRead More The Bill of Rights Essay1288 Words   |  6 PagesThe Bill of Rights After the Revolution, the States adopted their own constitutions, many of which contained a Bill of Rights. The Americans still faced the challenge of creating a central government for their new nation. In 1777 the Continental Congress adopted the Articles of Confederation, which were ratified in 1781. Under the Articles, the states retained their â€Å"sovereignty, freedom and independence,† while the national government was kept weak and inferior. Over the next few years itRead MoreThe Ethics Of The Law942 Words   |  4 Pagesoffensive just as Goldberg, Harlan, and White do. Dr. Buxton and Ms. Griswold merely expressed their opinions on contraceptives and practices and instructing how to use them. I feel that by doing this they were exercising their rights under the first and fourteenth amendment, which includes the freedom of speech. Cf. Brotherhood of Railroad Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1. However, while their freedom of speech is one thing , suits concerning physical activities are somethingRead MoreOrigins Of The United States1260 Words   |  6 Pageswas witnessed a distinct ideological change in the opinion of the Supreme Court with respect to the Sixth Amendment include Betts v. Brady (1942) and Gideon v. Wainwright (1963).2 These two cases pondered and deliberated the argument over the course of twenty-one years as to whether defendants in a criminal case are entitled to court appointed counsel under the guarantees of the Sixth Amendment should they not be able to afford one. During the time period between these two landmark Supreme CourtRead MoreExclusionary Rule : The Rule889 Words   |  4 Pagesto prevent the use of inappropriate behavior and violations of an individual’s rights by government officials through the use of the exclusionary rule. The exclusionary rule protects the rights of the people under the Fourth, Fifth, and Sixth Amendments, and requires evidence obtained directly or indirectly as a result of government violations cannot be used as proof of guilt in a court of law [1] The U. S. Const. amend. IV, states that the rights of the people are to be secure in their homes andRead MoreYoungberg Vs. Romeo And Wyatt V. Stickney1407 Words   |  6 Pagesnowadays. Both cases played a part in determining the rights of involuntarily committed patients under the Due Process Clause of the Fourteenth Amendment. Before both cases, patients may have been living in inhumane conditions, refused the right to psychiatric care, and neglected proper habilitation. But now, standards have been set and it’s been deemed appropriate that involuntarily committed patients’ rights must be protected under the Fourteenth Amendment with such standards. YoungbergRead MoreThe Constitutional Court Book By Jack Fruchtman Jr.1331 Words   |  6 Pages The Right to â€Å"Liberty† and the Right to Equal Protection in the Fourteenth Amendment In the United States Constitution, the Fourteenth Amendment states â€Å"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.† (Law.Cornell) Many of the cases that have

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.