Amendment Research Papers Samples For Students

Introduction

NEW YORK v. BURGER, 482 U.S. 691 (1987) 482 U.S. 691 is a leading case on the American criminal justice system. This paper intends to discuss the abovementioned case in detail along with the facts, issues, and findings of this case.

Brief Facts

Brooklyn based Respondent used to own a junkyard. He was in the business of dismantling automobiles and selling the dismantled parts. Police Officers of New York City department suspected his business and rushed at his premises on 17th November 1982. Police officers were in civil dress, and they wanted to conduct an inspection of the premises. Police officers asked for ...

Abstract

One of the issues that have garnered massive media attention is terrorism. Terrorists have attacked various places causing massive loss of human life and property. The September 11 attack on America signalled to its administration that it had to re-examine its security policies. It believed that the attack was instigated by its ignominy to control the security situation in within its jurisdiction and undoubtedly the citizens’ overprotection by the constitution. The government made a decision to severely scrutinize the citizens. The previous privacy that the 4th constitutional amendment granted the Americans was later disregarded and president bush took it to ...

Voting Rights Act 1965

Introduction
The Voting Rights Act of 1965 is a very important piece of legislation in the history of American civil rights. The voting rights act has a long history of alterations and revisions before it was consented in 1965. The effects of the legislation had, and still have far reaching implications. The Voting Rights Act of 1965was assented to law by the then president Lyndon Johnson on the sixth of August in 1965. The new legislation outlined the disenfranchisement of African Americans characterized by discriminatory voting practices that were adopted by many Southern states after the end of the civil ...

Introduction

Entities of health care recognize revenue for which a little portion of the total amount is billable or billed or the final collection is not assured reasonably at the time the services are rendered. There have been concerns raised by the constituents that these kind of accounting practices lead to gross-up revenue for unexpected amounts to be collected in the end. To add to it, due to the fact that entities of health care make their own decisions as far as bad debts and adjustment to revenues is concerned, the decisions are different from one another and it is not ...

1. Prosecutorial Misconduct
Prosecutorial misconduct refers to any situation in which the prosecutor in the course of litigating a case breaks a law, violates a code of ethics or misbehaves to such an extent that the fairness of the criminal justice process is unambiguously tilted in her favor. An example of prosecutorial misconduct would be a prosecutor who prior to trial fails to turn over a key piece of evidence that provides an alibi for the defendant, and tells a witness friendly to the defendant that she will tell the federal authorities about his illegal immigration status if he testifies. Moreover, at trial the ...

‘Instructor’s Name’

‘Subject’
Should the US have stricter gun control laws?
Guns have a special place in American history and Americans have always had a love for firearms. This love affair for guns started in the seventeenth century, when the early settlers were required to carry gun to protect themselves from Indian attacks. The ‘Kentucky rifle’ of the 1700s, Samuel Colt of the nineteenth century and WWII veterans bringing home their enemy guns as trophies are all symbols of the proud American past. However, the spate of recent mass shootings has called for a stricter regulation of gun ownership and distribution. The ...

ANALYSIS OF KYOTO PROTOCOLName:Course:Tutor:Date: Introduction Kyoto protocol is an international treaty which aimed at extending the 1992 United Nations framework convention on climate change so that it would commit state parties to reduce greenhouse emission. This was based on that global warming exists and manmade carbon oxide that had caused it. A second period was proposed which was called the Doha amendment, and its common basis is to put obligation to developing countries claiming they have contributed to interference in climate change. Russia is ranked fourth in the world as the biggest greenhouse gas emitters contributing 5.67 percent of ...

“A well regulated militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”
Second Amendment, U.S. Constitution
On June 7, 2013, police arrived at 2036 Yorkshire Avenue in Santa Monica, California to respond to a report of shots fired. There, they saw the house on fire, with bodies of two men inside, one dead due to gunshot wounds. At the time, the suspect – John Zawahri – had already armed himself with a semiautomatic rifle and proceeded to the Santa Monica College campus, where he was a former student. ...

In the exploration of the current controversy over the Second Amendment given the recent debates that have sparked from the many school and neighborhood shootings, it becomes evident that there are a diverse number of positions on the subject. These positions represent the fundamental issue that underlies the effects that this type of legislation would have as well as the way in which it is informed. Their differences arise due to important factors that contribute to their existence. This existence pertains to how the basis for gun control should be established.
The issue is that, while it is important ...

English

Introduction
Most lawyers grapple with First Amendment Issues Daily according to Professor Marvin Amori as they have to deal with laws that govern and concern speech and consequently write rules on them. Laws on speech are a crucial component in the society due to their significant contribution not only to national matters but also in global corporate boards as well as different public and private institutions. These lawyers therefore have to operate globally and are not only concerned with the First Amendment of the United States constitution but with customs, laws, and practices of different foreign nations (Mark 2238).

Tinker’s Decison

...

Identity Alteration

Anyone who has seen Nicholas Cage and John Travolta’s 1997 film entitled Face Off would be able to relate to the statement that identity alteration of that nature is mind boggling. The film portrays two men—one is a law enforcer and the other is a criminal, trading identities and in the process necessary has to go far to trading off faces. Many would probably say that is insane and no person in their right mind would agree to that because of the risk that it involves. Others would probably have to agree with the Feds’ decision to allow one ...

Introduction

San Francisco is one of the states in the United States. The city is regarded as a vibrant and dynamic urban area, which elicits competition for housing for both the poor and the rich. The dwellers of this city are characterized by factors such as minimum wage and existence of trade off between freedom and equality. On a similar note, the conditions have made the city to have a continuous problem in the housing capacity for its dwellers, particularly, the permanent resident dwellers. This essay seeks to examine the level of effectiveness of the housing policies and real estate prices in San ...

21st Amendment

The 21st Amendment was proposed on February 20th, 1933, was passed on December 5th, 1933 and was rectified during the presidency of Franklin D. Roosevelt. The 21st Amendment was proposed in order to nullify the so-called Prohibition Amendment (18th Amendment). It is the only incident in the constitutional history of the United States that an amendment was repealed. The 21st Amendment of the constitution is inextricably linked with the 18th Amendment. The 18th Amendment prohibited the manufacturing and transportation of Alcohol and other intoxicating liquors in the United States. The 18th Amendment was the consequence of the anti-liquor sentiments ...

The constitutional scholar and radio host presenter Mark Levin culminates as an author of the book, “The Liberty Amendments: Restoring the American Republic.” The author of the book invokes Article V of the constitution that sets out methods for amendments that intend to rein in a reckless, unruly, and usurpations federal government highlighted in the 10th Amendment. McCarthy, (2013) assert that Levin undertakes this project to preserve and restore the constitutional republicanism and the civil society and prevent federal Leviathan authoritarianism. According to Levin, Statists achieved the process of disfiguring the compact constitutional order (Levin, 2014).
Framers of the ...

- The History of the Cotton Industry:
When Christopher Columbus was exploring the Bahamas and Cuba, he found out that the natives were wearing clothes made of cotton. The natives had sleeveless shirts and mantles beautifully painted with different designs and colors. The French Catholic priest, Fr. Coeurdoux, uncovered how the natives processed its colors and designs. He brought this idea to his country and France introduced cotton throughout Britain and Europe.
The new invented spinning wheel speed up the production of cotton. The fabrics made of cotton were easier to design than wool and were cheaper ...

Introduction

The debate on gun control in the US is well-documented in various publications and journals. This has elucidated different views on whether gun control mechanisms should be implemented or not. In general terms, gun control refers to policies and laws that serve in regulating the use, possession, modification, manufacture and sale of firearms. Throughout the world, such policies differ. Whereas countries such as the United Kingdom have strict limits in regard the possession guns, others like the United States of America have less strict rules. Most industrial democracies are less strict to such rules and regulations. In the United ...

Introduction

Birthright Citizenship Act deals with an individual’s acquirement of US citizenship because of his or her birth on the American soil. The issue of American citizenship is a subject of US federal law. Citizenship clause under fourteenth amendment of the American constitution deals with the US citizenship. This law provides US citizenship to everyone who born on the American soil. A large number of Americans including various congressmen believe that this law should be amended. Birthright citizenship Act has been introduced several times in the US congress in order to amend the original Act.
Birthright Citizenship Act has ...

If you ask someone what they think about the Fifth Amendment, most people will likely point out that it provides citizens a right against self-incrimination. However, besides the well-known “plead the Fifth” clause, the Fifth Amendment provides a number of other important privileges and protections including the right to a grand jury for capital offences, the right to due process, the right to fair compensation when the government takes your property and a prohibition against being prosecuted or punished twice for the same crime. The Fifth Amendment was one of the original ten amendments included in the Bill of Rights that was passed ...

The Second Amendment (U.S. citizen's right to bear arms)
The Second Amendment (U.S. citizen's right to bear arms)
The Second Amendment got adopted on December 15, 1791 which provided U.S. citizens the right to bear arms. The amendment led to the horrible massacre at Virginia Tech on April 16, 2007 when single gunmen shot 32 people (Virginia Tech massacre, 2014, May 3). The Second Amendment holds that, the right of an American citizen to have and keep arms were respected at all times. As a result of that statute, research indicates that over 40% of the American homesteads ...

- Introduction: The Second Amendment is crucial to the very nature of American democracy.
- First point: The framers of the constitution wrote the constitution under the assumption that the most important governing document would not let government pass restrictions that would prevent free citizens from owning a firearm.
- Second Point: Media coverage is often slanted on the issue, with different media fighting with each other instead of offering objective viewpoints on the issue.
- Third Point: Self-defense, stopping government tyranny, protecting from foreign invasions are three reasons why the government should not pass laws infringing ...

Introduction

The right for vote was very important for women in all ages, as it proved their significance and made them feel like the worthy members of societies of their countries. There is no doubt as well that not every woman could put all at stakes and choose the path of struggle in 18th or 19th century. These were difficult periods for many countries of the world, and specifically for the USA, when people were fighting for their freedom to express what they think and what they feel. However, some women had courage to put everything at stakes and sacrifice ...

When the founders of United States of America ratified the Bill of Rights in 1791, they could not have imagined the technology we use and rely on today. The 4th Amendment of the U.S. Constitution was intended to provide the American public with protections from unwarranted government intrusion into their most private property. While the language used in writing the 4th Amendment has been broad enough to function fairly well for more than two centuries, the rise of personal computers and internet technology has created a wave of questions and court cases about what data and communications receive 4th Amendment ...

Introduction to American Government: Chapter One

I am interested with chapter one on the United States constitution because its offers a thorough analysis on the content of the America constitution. The chapter analyses the importance of the constitution in American development. Some of the key milestones in the making of the constitution are also clearly described in the chapter. The chapter also takes note of the importance of the constitution in enhancing unity and development in the country. In addition to this, the constitution explains the role and contribution of all the parties in the country’s social and political progress. The analysis of the chapter ...

The word revision is a noun that is derived from the verb revise. To revise has more than one meaning depending on where it is being mentioned. In the US it refers to changing something or to reconsider it based on newly acquired information. This may be a book, an assignment, an article, or even statement. In Britain to revise refers to studying especially in preparation for examinations. Revision thus refers the work that has been revised in the US and the act of revising in Britain. In this article, Revision will be discussed in light of the US definition of ...

Is the phrase “under God” in the Pledge of Allegiance a violation of the 1st amendment or an acceptable traditional expression?
The phrase “under God” in the pledge of allegiances has been embroiled by endless controversy over years. Some professionals and legal experts are opposed to this idea for various reasons, while others support the inclusion of the clause in the Pledge of Allegiance. Campaigns to alter the clause have also been live and vibrant ever since its introduction in 1892. The debate on the clause under God revolves around numerous controversial religion and royalty questions. Some religious leaders ...

During the ancient times, Kings ruled without question and used their absolute power to define the societal morals and understanding of right and wrong. These rulers at times altered their rules to justify their actions. In various states, the Bill of Rights, which spells out the fact that people should have the freedom to pursue life, happiness and liberty, had little support in the original constitution as proposed in Philadelphia in 1787. It is argued that the framers of the original constitution were concerned with the establishment of the machinery for an effective federal government. The Bill of Rights, ...

Missouri is a mid-western state located at the geographical centre of the United States. The state’s landscape is both rich and diverse with a lot of economic potential. Missouri has 114 counties that are spread across its rural and urban areas (Hardy, Dohm and Leuthold 1). Senator Roy Blunt built on his background in public service, academic contribution as a teacher and his display of leadership as university president to seek the people’s vote for the Missouri senate seat. In 2010, Senator Blunt was elected to the United States Senate (Blunt 1).
The Senator has several roles and responsibilities ...

Introduction

The US citizens’ protection quest resulted to the enactment of the Fourth Amendment to the US constitution. The amendment was purposely brought to congress by James Madison on the grounds that the, the US people have the right of security in their houses, papers, persons and effects against unreasonable seizures and searches. This generally protected what could be reasonably considered to be private as in accordance with the law and the expectations of the US citizens (The Bill of Rights and Beyond,). The Amendment further provides that any warrant for conducting search and seizure citizens must be sanction and ...

- The Fourth Amendment
Terry Vs. Ohio 1968 is one of the landmark judicial rulings by the United States Supreme Court that maintained the Fourth Amendment. The Fourth amendment does not give the police the authority of conducting arbitrary searches and seizures on individuals if they are suspecting of committing a crime. The Fourth Amendment declares “the right of the people to be secures in the persons houses, papers, and effects, against unreasonable searches and seizures; shall not be violated and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the ...

Introduction

The Fifth Amendment to the United Sates Constitution provides that Private property shall not be taken by the government for public use without just compensation to the owner. It may appear that the Fifth Amendment only applies to actions by the federal government. However, the Fourteenth Amendment to the Constitution extended the application of this clause to the state governments and the local governments. When government seeks to obtain land to construct say a school or another amenity for use by the public, it must first buy land from the open market as do, private individuals. However, if the seller ...

Women’s Right to Vote in the U.S.
Women’s right to vote in the U.S.
The movement for women’s right to vote began intensely in the decades preceding the Civil War. In the early 1820s and 1830s, for instance, majority of the states in America had extended the permission to every white man, regardless of his income or property owned. At around this time, there were all sorts of reformation groups proliferating across the U.S. These included temperance clubs, moral-reform societies, religious movements, and anti-slavery organizations. Women played prominent roles in many of the organizations.
...

Abstract

Slavery in the American society was a common practice in the early years after the American revolution. The black slaves were treated as properties of the people who owned them and were used as factors of production for their economic progress. The American constitution was ratified in 1778, but it did not recognize the rights of slaves. However, in the early 1860’s there was an increasing pressure and civil war against slavery had began with states in the northern states against slavery while the southern states supported slavery. Therefore, after the civil war there was a need for amendments that ...

An amendment refers to a change that can be added to the Constitution or a change to an older version. Amendments are made due to the changing society and or when some parts of the government overstep its boundaries. The constitution provides that an amendment may be proposed either by a majority vote of two thirds by the congress in both houses of the senate and representatives or by a constitutional convention called for by two thirds of the state legislatures, though none of the 27 amendments to the constitution have been proposed by constitutional convention.
This amendment is proposed in the ...

Abstract

This paper will attempt to collect and collate a number of sources on the issue of gun control in the United States of America, examining the basic causes of gun violence and the link between gun ownership and gun violence. Both quantitative and qualitative data will be examined, and the philosophical, ethical, practical and legal ramifications of controlling gun ownership will be thoroughly investigated. The collective research has led the researcher to conclude that while there are good arguments for and against gun control legislation, the ideal gun control legislation is minimal for a variety of reasons.
The United States ...

For many in the United States, the words “Gun Control” is a four-letter word that immediately causes their preconceived notions to surface and prevents them from logically looking at the issue. The polarization of gun-control in this country has evolved to a point where neither party, even the one with the most control in Washington is able to put fourth any legislation regarding this issue. This essay analyzes this phenomenon with a view to the historical context behind gun control and laws that regulate gun ownership in the United States.
Everyone who has engaged in conversation or argument on the issue ...

Steven Spielberg’s Lincoln (2012) focused almost completely on how Abraham Lincoln moved the 13th Amendment that abolished slavery forever in the United States through the House of Representatives. Such amendments are very difficult to pass under any conditions, since they require a two-thirds vote of both Houses of Congress and then ratification of three-quarters of the states. It had already passed the Senate in April 1864 but in the House there were still enough Democrats opposed to the abolition of slavery to block it. As the film showed, Lincoln, Secretary of State William Seward and House Republican leader Thaddeus ...

The Eighteenth Amendment

The Eighteenth Amendment was a constitutional provision that facilitated the provision. The amendment was to the effect of prohibiting the production, transportation and sale of alcohol in the United States of America. It was legislated by Congress on behalf of the citizenry. The spirit of the amendment lied in the need to remedy and save the American society which was being adversely affected by alcoholism. It is instructive to note that the amendment did not expressly ban alcohol consumption. However, the amendment banned the production, transportation and sale thereby making dealing and access alcohol impossible. As Rockefeller would note in ...

Introduction

The American Constitution is rich in the protection of the rights and freedoms of the individual. In light of the Justice System in relation to the administration of justice to adults and juveniles, the relevant amendments include the fourth, the fifth and the sixth amendments. This paper shall examine the constitutional safeguards occasioned by these amendments, examine their impacts and their application in juvenile and adult courts. The paper takes the position that the amendments are essential for the protection of the rights of individuals especially in the justice system.

Fourth Amendment and its impact

The Fourth Amendment relates to the search and seizures ...

Introduction

Shoot out rampage involving guns has become a common incident in US, resulting in the loss of innumerable innocent lives. After the shootout in Connecticut elementary school in 2012, the recent mishap of a 5 years old boy gunning down his 2 years old sister in Kentucky has sparked the debate anew whether the Federal government should come up with a strong gun control law in regulating hand guns and firearms. The most savage opponent to federal gun regulations is the National Rifle Association (NRA) and the group strongly supporting the stance of federal regulations is Handgun Control Incorporated (HCI) reinforced by its ...

Flag Burning as a Symbolic Speech

Nature of the case
When thinking about the symbols of a nation, the flag comes into mind; this is the principle upon which a country is built and of national unity. The flag possesses a special and revered role that is exhibited with pride from different groups and individuals. The lingering question is what would happen in the event that the flag is treated with disrespect, or dishonored. The Supreme Court of the United States addressed flag burning issues and free speech on Texas vs. Johnson. The burning of the American flag is expressive or symbolic speech and it fell within ...

Industrialization in developed countries often has severe costs for the environment, and the quality of air is not an exception. To find a beneficial compromise between technological and industrial advancement and care for natural resources, strict and reasonable legislation is necessary. Detailed in this paper are different air quality regulations of two developed countries namely China and the United States. Although there are several similarities between the two, there are ostensible differences between them and the consequences for each country vary.
Pollution has been an increasingly pressing ...

Rights of Accused

The concept of the due process can be traced from multiple origins which include customs, practices, enshrined ideals, cherished moral and ethical values and finally, precedents. . (Leonard W.1968).Because of the continued struggle for the freedom of the people, the due process has lead to the acknowledgement of the human rights by the government and they were finally made into legally binding statutes. . (Leonard W.1968).It is clear that the idea of the due process was already old when the constitution of United states was written, in fact is also older than English common law. The process can be ...

Toward a Happy Medium: Maintaining Balance Between America’s Right to Liberty and Need for Security Through the Fourth Amendment

Abstract

The Fourth Amendment to the Constitution is near the heart of the American model of civil liberty. In no other amendment do the notions of liberty and security rest at such delicate legal counterpoints. Maintaining balance between the two is a constant challenge. Decisions in landmark cases in the last half of the 20th century helped to affirm important Fourth Amendment principles and protections concerning search and seizure, drug testing and probable cause. But in the post-9/11 world, Americans’ right to ...

Introduction

American history shows that people are unique and live together by the rule of law. As historical facts suggest, America's success as a democracy is due to its successful implementation of the rule of law. The rule of law is put into place as 'The US Constitution Bill' by the Founding Fathers of America. After the signing of 'The US Constitution' in 1787, the original law comprised of seven articles. Finally, a collection of ten amendments was made to 'The US Constitution' and signed in 1789 by our Founding Fathers who are known as 'Bill of Rights'. In this paper, we ...

Amending the U.S. Constitution
As the Supreme law of the land, the United States Constitution is the highest legal authority and is binding at the federal, state, and local levels. Since the Constitution is the preeminent legal source of authority, all other laws, regulations, and rules must comply with the Constitution. Cognizant of the powerful force and effect of all Constitutional provisions, the Framers set forth a demanding procedure that must be satisfied in order to amend the Constitution. Article V of the Constitution provides the steps that must be taken to properly amend or add to the Constitution. ...

Abstract

The Fourth Amendment was included in the Bill of Rights with the intention of safeguarding individuals' right to privacy by requiring the production of a warrant by law enforcement officers in case of suspicion; however, the balance between ensuring privacy and the need to safeguard national security has been a subject of intense debate. This paper starts by giving a historical background of the Fourth Amendment, the evolution that has happened since it was put in place, the arguments for and against it, and an analysis of whether its observation impedes the work of the police. The paper also ...

The 14th Amendment and the Protection of Civil Rights

QUALIFYING CITIZENSHIP
Abstract

The 14th Amendment, and its “Citizenship Clause,” has been the means by which questions of citizenship are resolved. Over the past two years, a group of state lawmakers have sought a way to change the constitutional meaning of citizenship by circumventing the 14th Amendment without seeking to alter the Constitution itself. The attempt to create a dual birth certificate system is their attempt to identify and separate the American-born children of illegal aliens. In a violation of due process, this move to redefine what it means to be an American citizen is a legal matter, requiring the amending of the ...

In the Constitution of the United States of America, there are many different sections which come under debate from time to time. As times change and the principles and cultures our country holds dear begin to shift, it is necessary to look back at some of the rules and regulations that have been established and determine whether or not they are still applicable to today’s society. Two of the Amendments of the Constitution come under particular scrutiny – the Second Amendment states that people have the right to bear arms, and the Twenty-First Amendment repealed Prohibition, also allowing states ...

Introduction

The 2nd amendment is one of the most important parts of the American Constitution, which gives an individual right to bear arms. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (U.S. Const. amend. II) has raised many public debates about the controversy of the topic with trying to limit and even ban the right of the firearms from citizens. The 2nd amendment added to the Constitution on the December 15, 1791 has been questioned and seen different interpretations. The American ...

The Bill of Rights is an essential part of American government. Not only did the Bill of Rights play an important role in the ratification of the Constitution of the United States, it laid the foundation for the modern legal system. Some of the most important Amendments in the Bill of Rights are the 1st, 6th, 7th, 8th, and 10th. The 1st Amendment is one of the main reasons that people from around the world idolize life in the United States. The 6th, 7th, and 8th Amendments are some of the basic principles that guide the legal system today. ...

Introduction

The constitution is the supreme law in the United States of America. The document came in to address the weaknesses of the articles of the Confederation and perpetual Union. The main issue was the collection of revenue by the Federal government. Most of the power was concentrated in the States. The American constitution is a very important part of the US public life because it serves as the foundation on which the values, beliefs and traditions which defines the American people. The federal government could not therefore levy taxes. It had to ask the State governments to assist them collect ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

Abstract

The democratic system of the United States should presuppose transparency and good faith associated with the activities of the fundamental institutions such as the Supreme Court of Justice. The real practice confirmed that there are some significant shortcomings associated with the structure of this legislative body such as absence of definite term limits for the members of the Court to carry out their functions. According to the Constitution there are no definite terms of responsibility. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior. At the same time the live tenure may ...

Annotated Bibliography

Bambauer, Jane. "Hassle." Michigan Law Review 113.4 (2015): 461-511. Print.
Bambauer suggests that Searches and seizure in schools are in other words a debate about the privacy of individuals and the extent to which the state or anybody is able to invade an individual’s private life. Despite the fact that this may seem insignificant, a student’s locker in most cases is the only private space that a student has in a communal atmosphere of the school. In many occasions, the debate about searches and seizure is seen as an American issue. However, this can apply to ...

Capital Punishment

Capital Punishment is the highest form of punishment wherein the law offender who was accused of committing grave offense will be convicted and faces death as a penalty of the crime. Many convicted felonies are on death row and just waiting for their sentence to be executed. The Capital Punishment is legal in some of the States and not being implemented country-wide. The capital punishment, also known as death penalty, has different execution method as well as crimes subject for each State, which have also been changed through the years. The capital punishment in The United States has some degree ...

Introduction

The main issue that revolves around this case is the issue of Eminent Domain. In KELO V. CITY of New London (2005), the United States Supreme Court upheld the use of the eminent domain power to take property from homeowners for the purpose of economic development. Under the Fifth Amendment, eminent domain may be used only for a public purpose. Conversely, public purpose is a wide notion. At this point Eminent Domain refers to the authority of the government to acquire certain properties for public use, for example building a freeway. The idea dates to the early seventeenth-century; in U.S. law, underneath ...

In the case of Oregon v. Guzek, the Supreme Court of the United States ruled that the eighth amendment to the U.S constitution does not warrant the accused in a criminal trial the right to present evidence during the verdict stage that had not been presented in the trial stage (Americabar.org). The ruling had the impact of extending the jurisprudence to individual state courts that had prior to the ruling been allowed to make an individual determination concerning the introduction of mitigating evidence during the sentencing stage (Knowmyrights.org). The ruling of the case had implications not only for the ...

The Role of Due Process and Crime Control Models on Criminal Procedure

Fourteenth Amendment
The Fourteenth Amendment states that: (1) a person who is born or naturalized in the United States is a citizen of the State in which he resides and of the United States, regardless of race, (2) no State has the right to abridge the “privileges and immunities” of any its citizens, (3) no person can be deprived of life, liberty, or property without due process of law, and (4) every person is entitled to equal protection under the laws of the United States Constitution.
Therefore, the rights granted and protected under the Bill of Rights are further ...

Perhaps one of the most commonly known rights guaranteed by the first ten amendments to the Constitution is the Fourth Amendment’s “right of the people to be secure in their persons, houses, papers and effects against unreasonable searches” (U.S. Const. amend IV). Interestingly, while the meaning of the term “unreasonable” might seem intuitive, the Framers of the Constitution did not provide a specific or detailed definition of it. However, after the Supreme Court; relying on the fact that Article III of the Constitution vested the Court with the judicial power to “all cases” that arise under the “Constitution, ...

The First Amendment to the US Constitution provides that Congress shall make no law that restricts freedom of expression or of the press. Such wording restricts state power as a greater and a lesser degree compared to what it could do in this regard if the wording used in the literal sense.
The said formulation limits the power of the state to a greater extent in the sense that it applies not only to Congress but to all branches of the federal government, all branches of state governments and local authorities. The wording in question, limit state power to ...