Again, the impact of these cases, as well as, three amendments on modern day hostage negotiations will be examined in this paper. Impact of 4th, 5th, and 6th Amendments Legal Issues Associated With Hostage Negotiations The world of emergency mental health is full of crises, but few of these are ever as critical as hostage situations. In such occasions, lives are in danger and at risk of immediate death, and it is often at the hands of unstable, emotionally traumatized, and desperate individuals…… [Read More].
Evolution of the 4th Amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced. The invasion of privacy is something that is taken very seriously in the United States of America and it is for this reason that the fourth amendment encompasses all areas in this respect, and safeguards the rights of all individuals.
Although it is not very clear if this law is uniform or not because there appear to be cases where there has been exceptions to what the 4th amendment really says. For the past thirty years or more, innocent people traveling in different states have been pestered through no fault of their own. The police however believe that it is through this means of spot-checking that they have been largely successful at recovering weapons and drugs being transported around the country.
The Confrontation Clause and the Sixth Amendment. The main objective of the American constitutional provision under study was: The main objectives that this paper will look at include: The confrontation right is one among the basic assurances of liberty and life The 6th Amendment's Confrontation Clause assures one key aspect of the process of adversarial trial Sixth Amendment -- Rights of Accused in Criminal Prosecutions Challenging questions pertaining to these rights' limits and scope A set of principles may be derived from available Maryland appeals court and U.
Supreme Court cases connected with the clause, for aiding busy practitioners or trial judges with speedy and accurate analysis of potential issues relating to it, even right in the midst of trial, where there is no…… [Read More]. Constitution were the 13th, 14th and 15th Amendments ratified in , which abolished slavery and granted equal citizenship and voting rights to blacks for the first time in U.
All of these passed Congress as compromise measures between the Radical and moderate Republican factions in Congress, and were resisted intensely by Democrats in the North and South as violations of the rights of states and a tyrannical exercise of power by the central government. Then as now, of course, these were often code words for the fact that many whites simply did not favor black equality and voting rights.
In the South, the Ku Klux Klan used violence and terror to prevent these amendments from being fully implemented, and after , they succeeded in making them dead letters -- rights that existed only on paper but never enforced in reality. So it remained until the civil rights revolution of…… [Read More]. However, the Supreme Court has heard several such cases and consistently upholds the constitutional legality of the death penalty on Eighth Amendment grounds, as with Gregg v.
The death penalty cannot be considered much if at all crueler than a life term in prison, and when the death penalty is proportional to a crime, it is by no means unusual. Therefore, the death penalty is not a violation of the Eighth Amendment, as long as it is restricted for use in response to capital crimes unequivocally committed by mentally capable adults.
The Supreme Court has also created limitations on the use of the death penalty,…… [Read More]. Constitution was ratified in It altered the way in which Senators of the Congress were elected. Previously, under Article 1 of the Constitution, it was the state legislature's responsibility to elect senators to Congress. With the 17th Amendment, however, the voting power was placed directly into the hands of the public. The Amendment also provided a way for states to allow governors to fill vacancies in their state's appointed seats in Congress by temporarily appointing a senator until a time in which a special election could be conducted.
The text of the Amendment states specifically that "two Senators from each State, elected by the people thereof, for six years" shall be the manner in which senators are now voted into office. This effectively made the process of electing senators more democratic and less representational, in the sense that that the voting public had the…… [Read More].
Some of them may have failed at first, such as Abigail Adams and Mercy Otis, who unsuccessfully lobbied the authors of the U. Constitution to include women's rights in the document. Over and above, abolitionist women drew parallels between the conditions of slavery and those of women. Anti-slavery activist Angelina Grimke wrote in In their Declaration of Sentiments, the women progenitors demanded equality in law with men, education and the right to vote.
But their disadvantaged status did not progress very much. The middle class woman continued to confront a dilemma, which was captured by Betty Friedan in her powerful book, "The Feminine…… [Read More]. Fifth Amendment to the Constitution. Or, as Saletan points out, those three elements "by deduction, are the due process test" But this ought to leave a bad taste in one's mouth because all three of these elements can be manipulated to violate one's due process right.
If the target is a suspected terrorist, "imminence" can be redefined to justify killing him. If the weapon is a drone, feasibility of arrest has already been ruled out -- that's why the drone has been sent to do the job. So in any drone strike on a U. Has he been fighting alongside al-Qaida? If he has, we can kill him. That's the same rule we apply to foreigners. In effect, citizenship doesn't matter.
The "due process" test is empty"…… [Read More]. Equal Protection Clause of 14th Amendment the. Equal Protection Clause of 14th Amendment The equal protection clause of the Fourteenth Amendment extended to protections of the Bill of Rights to all Americans, including pregnant women. Therefore, it is fundamentally unconstitutional under the equal protection clause of the Fourteenth Amendment to criminalize pregnant women who take illegal drugs for fetal abuse or neglect without applying the same conditions on pregnant women who endanger their unborn child by drinking alcohol, smoking, or otherwise failing to provide the best possible nurturing environment for the fetus.
This paper reviews the relevant peer-reviewed and scholarly literature together with the precedential case law concerning these issues to support this view, followed by a summary of the research and important findings in the conclusion. Review and Analysis A growing body of research concerning fetal development together with innovations in modern healthcare technologies have provided researchers with new insights about what can harm or nurture…… [Read More]. Controversy Over Lincoln's First Emancipation.
He did so using complete military preconceptions in order to carefully avoid breaking the peacetime rules and regulations set forth by the American Constitution. Thanks to the free labor of the slaves, the South had more than enough white men willing to fight. Tons of able-bodied young men enlisted and left home, but the economy was not drastically affected due to the fact that there were still laborers available to support the war effort.
Therefore, freeing the slaves in the rebellious States, Lincoln was encouraging a mass escape which would strike a crucial blow in the infrastructure of the Confederacy. Unlike other wars both before and after the Civil War, America had rarely shown the man power of a nation in war such as the South had done. The economy…… [Read More]. Aviation Security First Case United. Notwithstanding the defendant's claim that the money orders were not his, the DEA and other federally authorized airport security seized the briefcase because they had probably cause to do so.
One federal statute 31 U. Moreover, believing that they had probably cause to believe money laundering was involved they invoked 18 U. And after a drug sniffing dog detected cocaine, the federal law 21 U. The answer to the question posed in the first paragraph of the Second Case, the contents of a briefcase may be seized if a "plain view" observation on the contents gives the officer probable cause to believe that the contents could have resulted from: Those contents may…… [Read More].
Hypothetical Case Involving the 4th Amendment Criminal. I would need to know more about the case such as if there was other evidence besides what was obtained with the heat sensor. I am not also familiar with the rules regarding police officers and the technology they can use on public property. Don't police officers position themselves on public property and aim speed guns at traffic in order to make arrests on public streets or highways?
If it is permissible for that kind of evidence to lead to a ticket or arrest, why should the heat sensor evidence be thrown out? This is why I would need to know more about the case. Have the police been monitoring this person's activities before the heat sensor was used?
Did the person participate in activities that gave the police a valid…… [Read More]. Electing the First Black President of the. Still, a vast amount of progress has taken place concerning racism in America. Slavery and the Jim Crowe laws were abolished and balance-minded programs such as Affirmative Action though controversial have been implemented Bonilla-Silva, However, a large degree of racism continues to be present in the United States as the push for equality has remained nearly stagnant for decades.
Racism is an extremely difficult problem to eradicate for several reasons. For one, it has been a part of America since its beginning causing structural discrimination to occur. When the puritans pilgrims came to America they were attempting to escape religious persecution and achieve freedom to live how they wanted Bonilla-Silva, The puritans were invested in their beliefs and ways of life.
Therefore, because the founding pilgrims were…… [Read More]. By enacting the Black Codes, starting in , following the 13th Amendment, however, and by giving birth, in , to the Ku Klux Klan and its reign of terror over the freedmen, the southern states successfully circumvented the actual enjoyment by blacks of most of the freedoms granted them by the 13th Amendment. A History of the American People.
The Declaration of Independence. Mississippi Black Code, November Fifth Amendment Miranda Issues the. The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder Dershowitz, ; Zalman, Search and Seizure and Unlawful Arrest Issues: The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred.
Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still reasonably believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda and related doctrine and principles. However, the police did seize Fred's vehicle, which was an impermissible…… [Read More].
Fourth Amendment Limits Analysis. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed. Court Decision At the end of the trial the court granted a motion in favor of the police department and the city. The court also found for the other defendants on all issues. When the plaintiff appealed, the Sixth circuit upheld parts of the district court's verdict, but dismissed the cases against individual defendants.
The upper court in its decision remanded with respect to a Supreme Court decision in the case of Monell v. Department of Social Services, in which the court held that municipalities could be subject to liability the U.
Code title 42, section Blume, The district court was further instructed to weigh whether the city…… [Read More]. Three Strikes Laws Rationale and Amendments. Criminal Justice -- Three Strikes Law Decades ago, America got tough on crime, especially when it involved habitual offenders. In order to reduce crime, at least 26 states passed Three Strikes Law giving especially long sentences to those offenders.
The original Three Strikes Law had consequences that outweighed the benefits, so many states have amended or otherwise revised Three Strikes, usually reducing or eliminating mandatory maximum sentences and giving judges more discretion.
Perhaps the most striking example is California, which enacted a very tough Three Strikes Law in , suffered serious consequences, and then "reformed" the law. While states still wish to be tough on crime, they want to ensure that the benefits of Three Strikes Law outweigh its consequences. It supposedly reduces crime in two ways: The student journalists sued, citing the Tinker standard Hazelwood School District v.
The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" language, or about viewpoint discrimination. Instead, the issue was whether a school official had the right to censor school-sponsored publications if they believe the material is inappropriate for some students, or that the material will disrupt the school atmosphere.
Rather than being a question of power over dissent, the issue was over pedagogical concerns Hazelwood School District v. In a vote, the Court ruled that the school did have a right to censor school-sponsored publications when their reasoning was based on legitimate concerns about the educational atmosphere. In their decision, the Court noted the difference between private student speech and student speech that is sponsored by the school.
Since the…… [Read More]. School Uniforms the Legal Debate. Schools are legally allowed to mandate uniforms for sports as well as protective gear. The ACLU notes that school administrators can make students "wear special stuff like the gym uniforms or goggles if they are needed to protect" them. Although schools cannot restrict hairstyles, certain they can ban certain types of clothing ranging from low-rise jeans that show panties to trench coats that might conceal weapons.
The courts can and do balance public safety needs with First Amendment rights. School uniforms are not necessary to improve school safety, even if dress codes might be. Legal precedent proves that school uniforms pose a genuine threat to student freedoms and constitutional rights: School uniforms are unconstitutional because they prevent students from expressing their allegiance with social organizations or with their religious and cultural heritage.
Clothing can become means of self-expression and identity formation…… [Read More]. City of Hialeah Religious Freedom is one of the key principles on which the foundation of our country was laid. United States has always supported and endorsed free exercise of religion and this right has been considered so important that it became part of the First Amendment, which clearly states that: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Polygamy On the surface, and with the most shallow of analyses, polygamy would seem to be protected by the First Amendment freedom of religion clause because polygamy in the United States is mainly a phenomenon among specific religious groups -- namely Mormons, fundamentalist Christians, and Muslims Turley. In fact, even a polygamous marriage that was not rooted in religious tradition could be protected under the Due Process clause, which basically encompasses right to privacy Hamilton.
Indeed, the state of Utah's Supreme Court and the Supreme Court of the United States have heard numerous cases related to the constitutionality of polygamy.
According to Turley, "Utah and eight other states make polygamy a crime, while 49 states have bigamy statutes that can be used to prosecute plural families. The stigma against polygamy remains strong, and has been…… [Read More]. Legal Analysis Case Summary the.
Here, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police. The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents.
Thus, the police were acting in accordance with the law. So, there was no false arrest. Conclusion Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment.
Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum…… [Read More]. National Bank v Bellotti Case. There must be a compelling state interest to limit freedom of expression. Why doesn't it make a difference whether the corporate speech is about matters that materially affect its business interests? It is not the state's place to regulate when and if First Amendment rights apply in certain areas.
The inherent worth of the speech in terms of its capacity for informing the public does not depend upon the identity of its source, whether corporation, association, union, or individual. Constitution The effect that ever changing societal values have on the Supreme Court's interpretation of the U.
Constitution Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application.
Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society.
This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…… [Read More]. Pornography Remains One of the Most Contentious. Pornography remains one of the most contentious issues related to the freedom of expression.
The definition of pornography and the parameters of the First Amendment must be taken into consideration when determining what, if any, types of pornography are protected as a First Amendment right.
The First Amendment does have its legal limits, in theory and in legal precedent. As Lowey points out, the Supreme Court has consistently ruled that the First Amendment right to free speech can be delimited in cases of obscenity.
Placing too many legal restrictions on the freedom of speech guaranteed by the United States Constitution is dangerous, though. It is critical to have a liberal interpretation of the First Amendment, protecting the right to produce, disseminate, and consume material that some might find offensive so long as no entity is harmed in the process. One of the primary reasons to protect the right to freedom…… [Read More].
They file the required information with the Securities and Exchange Commission at regular periods Priebe. Illegal Insider Trading This is conducted by trusted person but violates that company's trust Priebe, The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders.
He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips Priebe.
Characteristics of the Inside Information It must be important and private Priebe, Free exercise can be explained as follows: However, the free speech clause of the First Amendment has been cited for reasons to allow religious expression on school campuses: Private institutions have significantly greater leeway in the freedom of religious expression, and state governments also offer significant protections of religious expression.
The free exercise and establishment clauses are more naturally reconciled in private institutions. Private institutions "have no obligation of neutrality," and can establish religion as they see fit and in most cases regulate religious expression p. Phelps The First Amendment is part of the Bill of Rights, and prohibits the making of any law " impeding the free exercise of religion," infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
However, in the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government Farber, , intro. The First Amendment has been used over and over again to test the limits of free speech or exercising opinions that may be contrary to current public views, or even offensive to some.
This was the case in a Supreme Court Decision, Snyder v. Supreme Court , in which…… [Read More]. Antitrust and Intellectual Property Antitrust Law Remedies in Intellectual Property Cases In any research paper it is important to first define the terms used prominently in order to make sure that the reader understands what is being said.
In this case, the two terms that require definition are antitrust and intellectual property. According to a definition from Cornell University Law School "Trusts and monopolies are concentrations of economic power in the hands of a few.
Mark Putnam, a business ethics expert, goes on to say that "Basically, antitrust laws prohibit price-fixing, allocating territories, boycotts, or any other kind of conspiratorial or monopolistic behavior between companies that unfairly restrain free trade.
Speech of a Public Institution's Faculty Member. Do these criteria suitably balance the interests of faculty members and the institution in the higher education context? There are really two key principles that must be satisfied. The first is that the court determines whether the speech in question hinges on a matter of public concern.
If it does, the court takes further criteria into consideration such as: Whether the statement impairs discipline in school or harmony amongst superiors or amongst cookers. Whether the statement has a negative impact on close working relationships Whether the speech interferes with the way the operator usually conducts his business, Yes, these criteria take the interests of faculty members and school into consideration. Specifically, what was the fatal flaw in the instructor's speech?
Was it the profanity itself? Or was it the belittling…… [Read More]. Finally, the First Amendment increases the scope of our view and beliefs, enabling us to understand more than what is told or seen. In many strictly religious communities, individuals are exposed to only what they are told; consequently, they unknowingly form a biased view of a certain subject. In World War II, Hitler attempted to influence the mindsets of children by modifying certain parts of information in the history textbook; this resultantly made Hitler seem like a hero during the war.
Fortunately, in the U. Because of the religious diversity that this country gathers, we are exposed to all viewpoints of a cause, and this, in turn, allows us to use our own judgments to make decisions. In many aspects, the First Amendment to the Constitution has contributed greatly to the nation; indeed, this law has been the cause of many great events.
This law also strengthens national pride by advocating for freedom. The First Amendment not only strengthens the power of our country, but also holds great importance in human and religious rights. Which of your works would you like to tell your friends about? These links will automatically appear in your email. If you have a suggestion about this website or are experiencing a problem with it, or if you need to report abuse on the site, please let us know.
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The First Amendment - The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government.
Show More. First Amendment Paper. The First Amendment Essay. The First Amendment The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish petition the Government for a redress of grievances. The Importance of the First Amendment Essays. First Amendment .
My Short Essays. The first Amendment 1st Essay If the freedom of Speech wasn’t guaranteed in America then everyday life would definitely change for the worse. The first amendment of the Bill of Rights to the constitution guarantees four freedoms: freedom of religion, speech, press and assembly. The Bill of Rights was passed on December 15, Since then, the freedoms have .
The Importance of the First Amendment. "Congress shall make no law respecting an establishment of Religion, or prohibiting the free exercise thereof; or abridging the freedom of speech," this Amendment is the most important part of the constitution. Essay On The First Amendment: Free Speech Is Free Speech This is a sample college essay about freedom of speech, and the continuing relevance of the first amendment to the American constitution. For other sample essay please use the search bar.