Mitchell V. Wisconsin: Why Mitchell V. Wisconsin Sucked
.... selected his victim based on race, the penalty enhancement law
allowed Mitchell to be sentenced to up to seven years. The jury sentenced
Mitchell to four years, twice the maximum for the crime he committed without
the penalty enhancement law.
The U.S. Supreme Court's ruling was faulty, and defied a number of
precedents. The Wisconsin law is unconstitutional, and is essentially
unenforceable. This paper primarily focuses on the constitutional arguments
against Chief Justice Rehnquist's decision and the statute itself, but will
also consider the practical implications of the Wisconsin law, as well as a
similar law passe .....
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TLO Vs. New Jersey: When Is The Constitution Invalid?
.... it is the teacher's responsibility to take the student to the
principal for suspension or other means of punishment. When TLO was asked
whether or not she had been smoking, she said no.
The school officials then had a reasonable doubt, and they now had by
all legal means the right to search TLO for evidence that she had been smoking.
The search of her purse, if she had been innocent, would have proved her
innocent, or guilty if she actually was guilty. The search was conducted
privately, and was by no means humiliating to TLO.
Finally the officials did search TLO's purse for any kind of evidence,
to prove her innoce .....
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Olmstead V. United States (1928)
.... information leading to the arrests was made primarily by four
Federal prohibition officers. The officers placed small wires along the main
lines outside the homes of the four main conspirators and that of the office.
No intrusion was made into private property. Olmstead was found to have made
dealings with members of the Seattle police to secure the release of any of the
conspiring parties that might get arrested.
Procedural History:
Petitioners were convicted in the District Court of the Western District
of Washington for conspiracy to violate the National Prohibition Act. The
conviction was upheld upon appeal to the .....
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Chris Moss Vs. Dr. Terry Preece And The Edgewoord Unified School District
.... reasonable assignments and tasks. These are applicable laws that are
supposed to met by all the school district in the state of Independence,
including the Edgewood School District.
Through evidence which the court will hear today, we will prove that Dr.
Terry Preece , the school superintendend made it a point to pass all of the
students in his school district whenever possible.
On the other hand we will call 3 witness to testify during the course of
this case. The first witness which we will call is Chris himself. He will
state that he has problems reading a simple restaurant menu. What again alarms
us about this fact is th .....
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The Downfall Of Communism In Eastern And Central Europe
.... change is that, according to Ulrich K. Preuss, "In
almost all the East and Central European countries, the collapse of
authoritarian communist rule has released national, ethnic, religious and
cultural conflicts which can not be solved by purely economic policies"
(47). While tremendous changes are evident in both the governmental and
economic arenas in Europe, these changes cannot be assumed to always be
"mutually reinforcing" (Preuss 47). Generally it has been theorized that
the most successful manner of addressing these many difficulties is the
drafting of a constitution. But what is clear is the unsatisfactory
ability of .....
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Haig V. Agee: Power To Revoke Passports
.... . . . under such rules as the President shall designated
and prescribe for and on behalf of the United States, and no other person shall
grant, issue, or verify such passports." 22 U.S.C. 211a (1976 ed., Supp. IV).
Since the Congress did not specify who has the powers to revoke passports, it
should be assumed that because the Secretary is the only person who can grant
passports, they are the only ones who can revoke passports on grounds of illegal
activities, such as treason. If you consider that Agee's passport was revoked
because he was uncovering secret CIA agents, he was undoubtedly committing
treason. Though treason is u .....
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Fascism As Opposed To Communism
.... equal aspirations
soon to be in control of two very similar governments.
In any rise of power, there needs to be a period of careful
planning requiring much thought. These two men had very little history with
which to work with which to model their revolutions. Times had been
changing rapidly, technological improvements in the fields of manufacturing,
transportation, and communication made this period of time very different
from any other. Hitler spent his time imprison writing his book, Mein Kampf,
filling it full of warped ideas of conquest and superiority of one race
over another. I think it is strange that such works wo .....
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R. V. Keilty
.... even though he
did not posses at any time the narcotics. In the case R.v.Piscopo it was
demonstrated that an accused can be convicted upon circumstantial evidence. The
accused can be convicted using all of the aforementioned cases. Another issue
is that if this case becomes precedent it would open a "floodgate" or loophole
in the law where other criminals may escape through. This would allow for more
dangerous dealers of narcotics, who operate their business "long distance" to
escape prosecution because they never actually had the narcotics in their
possession.
Appellant arguments
A person should not be stigmatized .....
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Landmark Supreme Court Decisions
.... came
some conflicting viewpoints about the armbands. The school board said that no
one has the absolute right to freedom of expression, where the Tinkers said that
only banning armbands and not other political symbols was unconstitutional. The
school board said that the armbands were disruptive to the learning environment,
where the Tinkers said they were not. Finally, the school board said that order
in the classroom, where political controversy should be discussed, is entitled
to constitutional protection. The Tinkers believed that the armbands were worn
as the students views, and therefore should be constitutionally pro .....
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Law Of Precedent
.... found as no longer applicable, or on the other hand, a new
decision may be found in a trial which can also be undesirable. Keep in mind
that the courts are not supposed to create new policies to deal with new
problems, that is the role of the legislature. This drawback is prevalent in
two forms: The first is the ruling of a court case, and the second is the
sentencing or judicial decision of a case.
In order to examine the first form an example is given. A long time ago,
sexual harassment at the work place was virtually unheard of or it was ignored
altogether. The case probably would not even make it to court. Nowadays if .....
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Critque The Efficiency Of Of FDR's Administration At Alleviating The Suffering Of The Great Depression
.... continued its role as mortgage guarantor and
widened it area of responsibilty to include mortgages lent to the owners of
multifamily dwellings and to public housing authorities as well as
individual homeowners. Focusing now on another program called the SSA also
called the Social Security Administration. This program is the most known
program from the New Deal program today. And we know that is was without
question successfull. It secured people's earned money so when they retire
they still get money and don't starve. It not only helps the people but
also helps the government. The government takes the money and invests it in
sec .....
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The Canadian Justice System V.s. Aboriginal People
.... that is unintended, but is rooted in police and
law.
Two specific incidents in late 1987 and early 1988 clearly illustrate
this unacceptable discrimination. The first of these was the November 1987
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
While the trial established that four men were present when the young aboriginal
woman was killed, only one of them was ultimately convicted of any crime.
Following the trial, allegations were made that the identity of the four
individuals who has been present at the killing was widely known in the local
community.
On March 9, 1988, J.J. Harpe .....
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