On appeal, Michigan Court of Appeals reversed the motion to suppress. Soon after, Hudson was convicted of drug possession. Hudson then filed an appeal which brought the case to the Supreme Court. Provision of the constitution involved in this case: This case involves the exclusionary rule which comes directly from the Fifth Amendment. It states that no object may be used in court as evidence if obtained illegally or without a proper search warrant.
The first, and only, case I observed at the United States District Court on the morning of 7th November 2008 was USA vs. Brinson-Scott. In this case, Brinson-Scott, the defendant, was charged on several counts, including the possession of powder cocaine, and possession of crack-cocaine with the intent to sell to others. The fourth day of the litigation was set-aside to focus on the collected evidence, and allowed witnesses to testify and be questioned by both prosecution and defense attorneys. One important witness that testified during the trial was a forensics pathologist. Since the prosecution’s goal was to exemplify to the jury that Brinson-Scott clearly had intent to distribute, the forensics expert was questioned in detail about an
According to FindLaw.com, 2012, the Sixth Amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The Fifth Amendment declares that “no individuals shall be deprived of life liberty or property without due process of the law” (FindLaw.com, U.S. Constitution: Fifth Amendment, 2012). An individual who receives the obligation or privilege of a jury trial before a judge is exercising his or her Fifth and Sixth Amendment rights of the United States Constution. As mentioned earlier not every criminal case makes it to a jury trial. However, criminal defendants do receive his or her due process rights. These rights are handed down to the states from the Fourteenth Amendment of the United States Constution.
9. Assuming Miss Meanor is found guilty, when will the Judge impose sentence? 10. What is the maximum sentence to be imposed? Scenario #2 Frank Felon a native of Akron Ohio was arrested by officers from the Cleveland Police Department for allegedly committing felonious assault on Vince Victim also of Akron during a tailgate party prior to the Barry Manilow concert at the “Q” Arena on June 29, 2011.
HOLDING: Yes. RATIONALE: 1. Petitioners had a right to the assistance of counsel at the preliminary hearing not because it is deemed part of a "fair trial" by judges but because the Sixth Amendment establishes a right to counsel in all criminal prosecutions. 2. Petitioners constitutional rights were violated when they were refused counsel at the preliminary hearing.
1ST PAGE OF PAGE DOCUMENT REF: PROSECUTING ATTORNEY’S FORM AFFIDAVIT FORM SUPPLIED BY ___________________________________________________________________ DATE:____________________________________________________ IN THE DISTRICT COURT OF , ARKANSAS AFFIDAVIT FOR WARRANT OF ARREST FOR THE FOLLOWING PERSON: D FELONY POTENTIAL DEFENDANT’S NAME DOB/ RACE/ SEX MISDEMEANOR , ADDRESS PURSUANT TO RULE 7.1 OF THE ARKANSAS RULES OF CRIMINAL PROCEDURE, THE UNDERSIGNED AFFIANT(S) BEING DULY SWORN, DEPOSES AND SAYS THAT SHE HAS REASON TO BELIEVE THAT THE ABOVE-NAMED PERSON HAS COMMITTED THE OFFENSE OF VIOLATING ARKANSAS CODE ANN.5-64-419, POSSESSION OF A CONTROLLED SUBSTANCE
If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified. All the evidence was used during the trial to convict Oliver of these charges. He was convicted for posession of a firearm in public and silencer and convicted for
That information spurred them into a countywide hunt, following numerous leads and tips, many of which were mistaken identifications or dead-ends. Then Whittaker informed them that Christopher Wilder had been at the Miami Grand Prix and that he was a suspect in Beth Kenyon’s disappearance. These disappearances became a more serious matter, and regular detectives from Metro Dade were now assigned to Beth Kenyon’s case, with the possibility that the same suspect had kidnapped two girls within a weeks time. They placed information in the newspaper, hoping to get some help from the public. Just as Christopher Wilder was celebrating his 39th birthday on March 13, the police were collecting a file on him.
Hannah Howarth English assessment task Monster by Walter Dean Myers In his recent masterpiece “Monster” Walter Dean Myers brilliantly presents the story of young 16 year old Steve Harmon to uphold and raise his concerns about the mind puzzling Justice System in America and its confusing handling of minors. Walter skilfully questions the barbaric enforcement of the harsh felony murder laws and the courts sentencing of minors as adults in adult incarceration. He uses a variety of techniques to make his audience stop and think whether the American Justice system is doing right or wrong. Steve Harmon is on trial with James King for felony murder from a group robbery in Mr Nesbitts drugstore, Although Steve is not fully responsible
The case that I will be writing a brief on is the case DICKERSON v. UNITED STATES, 530 U.S. 428 (2000). In this case, Charles Dickerson, the petitioner, confessed to committing a crime during his questioning by law enforcement. The petitioner motioned to the court that his confession was obtained by his law enforcement officer before being read his Miranda rights. Subsequently, “[t]he District Court granted Dickerson’s motion and suppressed the statement as evidence, but the United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) allowed the statements into evidence.”(casebriefs) Ever since the case Miranda v. Arizona was heard in 1966, “Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture.” (Samaha, J.) Chief Justice William Rehnquist referred to the Miranda case during the ruling of the 2000 Dickerson v. United States.