Essays on Amendment

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 Continue reading...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have Continue reading...

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 Continue reading...

The Second Amendment, commonly referred to as the right to bear arms, is the constitutional provision that guarantees individuals the right to keep and bear arms. Even though in the text it talks of militias and people, the Supreme Court in the case of District of Columbia v. Heller interpreted it to also include the right of an individual to bear arms. The philosophy underpinning its inclusion by the founding fathers was the inalienable right of self defense and the duty of the citizen to act in defense of the state, whether in resisting oppression or external aggression (Johnson, Continue reading...

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 Continue reading...

The United States constitution has an amendment process that has been included in the Bill of Rights. The amendment allows Americans to make changes to the September 17, 1789 United States Constitution, that was ratified and made law (Zink 450). The amendment process has made it possible for the constitution to change moderately, than to be overhauled, and it has been changed to adhere to the current times and changes. The Second Amendment to the US constitution is part of the Bill of Rights that guarantees all American citizens the right to keep and bear arms. This amendment gives Continue reading...

In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of Continue reading...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future as Continue reading...

In the history of the United States, the security of the nation has always been valued at the expense of civil liberties and freedom. In the 21st century, the implementation of US PATRIOT Act meant to increase security seems to have increased violation of civil liberties and the Fourth Amendment of the bill of rights. The Fourth Amendment focuses at prohibiting any sort of unreasonable seizures and searches. On the same note, the 4th Amendment focuses on ensuring that a warrant should be used in case of a search (Schulhofer, 2012). The US PATRIOT Act has tremendously depleted the Continue reading...

Claim

My position as per the application of FISA and the Fourth Amendment is that the FISA violates the fourth amendment requirement. This is in line with the fact that the Fourth Amendment Act operates on the basis of the exclusionary rule and revolves around the search and seizure whereas the FISA is seen to violate the exclusionary rule.

Background

The Fourth Amendment Act was put in place following the dissenting argument at the time of arrest by the police officers. This is pegged on the basis that the exclusionary rule which is applied where admissibility of the unlawfully acquired evidence Continue reading...

Inmate Rights

Inmate Rights and Prisons
Part 1: Supreme Court decisions
Helling v. McKinney (91-1958), 509 U.S. 25 (1993).
A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future as Continue reading...

28, 2, 2014

The United States got independence upon the signing of the treaty of Paris. As a result, it expanded westward enlarging its borders seven times. Two major border adjustments were then made with the colonies of the United Kingdom and Spain among other minor disputes. This led to increment from thirteen states to fifty states, many of them starting as incorporated territories. Generally, the pattern followed is territorial extension, adjusting the boundaries of organized territories from the newly obtained land, adjustment of the borders of these territories, and ultimate statehood. However, Nevada and Missouri grew after statehood while North Carolina, Continue reading...

The First Amendment is perhaps the most well-known among Americans. It guarantees us all the right to free speech. It also guarantees that nobody, state official or otherwise, will stand in the way of our freedom of press, as stated by Thomas J. Curry in his book “The First Freedoms: Church and State in America and the Passage of the First Amendment” (2005). It can be argued that Nancy Jamison was exercising both of her rights protected under the First Amendment of the United States on the night that she posted these terrorist threats (2005). To prosecute her for Continue reading...

Introduction

When a city or a town is a host of a conference, it is always difficult to arrange everything. The preparation should begin as early as possible. The point is that there are many people involved, as well as many work to be done. One should take into account not only the peculiarities of a conference or a meeting, but all legal issues, as well. This essay is aimed at answering several questions on the legal peculiarities of the case. The essay will be divided into three parts: according to the amount of questions to be answered. Such analysis Continue reading...

Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for Continue reading...

Free speech codes and harassment policies happen to be adopted by many Oughout. Colleges and universities so that they can stop racist, sexist, or other kinds of offensive language. The rationale is that racial along with other offensive slurs are chaotic verbal assaults that restrict students’ rights. Many city liberties activists, students, higher education faculty, and administrators fear that such codes violate Primary Amendment rights. Who decides what exactly offensive language is and what exactly is not? Should “hate speech”possibly be protected, or can it result in violence? Are there limits to free speech only greater good and Continue reading...

Chapter One

Curiosity and interest are the main factors in writing a good research paper or a magnificent essay. The first chapter is devoted to this very aspect of conducting a research. The main idea of the first chapter is to show students that every researcher should be interested in what he or she is doing. The author suggests that if a researcher is bored, the research papers will be bored, as well. On the contrary, if the topic is interesting for the researcher, he or she will present a high quality research paper. The author emphasized how necessary it is Continue reading...

1. Facts
2. Issue

The issues in the following case are:

Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?

Could the evidence (drugs and guns) be considered admissible in a court of law?

3. Rule
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things Continue reading...

Citation: 376 U.S. 254 (1964)
Vote of the Court: It was a unanimous decision by all nine justices with two concurrences for the New York Times Company.
Legal Issue(s): Do the First Amendment protections of free speech and freedom of the press include false or libelous statements? To what extent can state courts apply their own rules of law in regards to their interpretation of libel law?
Procedure of the case: The case was first tried in the Montgomery County Circuit Court in Alabama. The jury entered a verdict against the New York Times. The New York Continue reading...

Much like the earlier Populist movement, the progressives sought changes in the US Constitution that promoted democratic reform by allowing a petition by the people to be voted into a law, public referendum where voter approval would be sought for laws proposed by politicians, and for Senators to be elected directly instead of relying on state legislatures. However, while the Populists were focused on the labor and farming class, Progressives were anchored in the increasingly influential middle class. As they belonged to a higher class and were generally better educated than the Populists, Progressives succeeded in having several reforms Continue reading...

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 Continue reading...

Criminal Law

Blond (2009, p.164) stated that the best evidence rule expresses a preference for the use of original documents, instead of using reproductions. This has been known as the original document rule. The best of evidence rule only applies if it is being offered to produce the contents of evidence presented in court. The proponent of the writing seeks to prove its contents and that the writing is closely related to a material issue. In order to comply with the best evidence rule, the proponent of the evidence should produce the original document. If the producing the original is not Continue reading...

1. Federal vs. State Level
The clearest difference between the United States (US) federal constitution and the Arizona state constitution is their jurisdictional operation. The federal constitution operates throughout the US, while the Arizona state constitution operates only within Arizona. Provisions under the federal constitution operate at the national level; no state constitution within the US may impede or contradict any of the provisions therein. On the other hand, the Arizona state constitution addresses matters specific to Arizona, although the provisions therein are in compliance with the federal constitution. One could not claim that the Arizona state constitution, as Continue reading...

Brief of Mapp v. Ohio (1961)

Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals in Ohio, Continue reading...

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 Continue reading...

U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) case. Continue reading...

Kelo v. city of New London conn.

The city of London in the implementation of ``economic revitalization plan” sought to acquire 90 acres for development from private owners. The development was geared towards increasing employment as well as generating revenue for the government. The city acquired land from most private owners but 15 owners refused to surrender their lands and the city commenced a suit to claim the said land. The developer was a private entity. The owners of the said lands disputed the acquisition of their land due to lack of reasonable compensation by the city. The Fifth Continue reading...

Q.1
The five basic assumptions of positivism in law are realism, objectivity, scientific evidence, and ultimate proof is unattainable. The realism operates in order to impress investigators to face the reality without letting their emotions cloud their judgments. The objectivity wants them to focus on objectives without getting hurt from the presence of obstacles and problems in the way of solving the crime. The good investigator always follows the evidence because it does not lie, but people do in order to hide their wrongdoings. The final assumption argues that ultimate proof is not possible to be found, and therefore, Continue reading...

Overview

The Department of Corrections has changed its mail room policy to reduce the risk of contraband inflow through the mail and to reduce its burden on existing correctional officers. The measures taken include the introduction of a postcard that inmates can use to communicate with the outside world. According to the Commissioner, this postcard will end the flow of contraband through the mail and more easily managed by the existing staff. He also believes that this measure will reduce the overtime burden of staff. The inmates, their families and lawyers see this measure as a violation of the First Continue reading...

Psoriasis and Inflammatory Bowel Disease are two of the most prevalent types of immune disorders. Being diseases of the immune system, both diseases have similarities and, of course, striking differences. Reviewing both of their pathophysiology, incidences of occurrence and maladaptive responses may help us understand how these two immune disorders manifest their symptoms and affect the human body.
Psoriasis is considered as the most prevalent autoimmune disorder, particularly the psoriasis vulgaris type (Krueger and Bowcock, 2005). Additionally, the prevalence of psoriasis considerably varies worldwide (Langley, Krueger, and Griffiths, 2005). In USA, an estimated 2% of the population is said Continue reading...

‘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. Continue reading...

Abstract

This paper proposes that The Clean Indoor Act must be amended to ensure that there are no exceptions and that all public places are tobacco-free. This amendment will help further reduce the effects of secondhand tobacco smoke. Smoking in the public subjects passersby to second hand or passive tobacco smoke. Passive smoking is an act of an individual inhaling in other people’s smoke. Second hand smoke has many effects on the health of non-smokers. Therefore, it is vital to safeguard their health. Since this is a statutory law, the changes can only be made by the state’s Continue reading...

History:

The Reconstruction era and the settlement of the West were two of the most defining events in American history. These are the formative years when the United States experienced tremendous changes in its political, social and economic conditions. The Reconstruction period affected much of the Southern part of the United States, especially those that concerned the African-Americans and their newly acquired freedom. On the other hand, the settlement of the West, despite contributing much to the improvement of the economy, brought the unavoidable conflict between the government and the Native Americans.

THE RECONSTRUCTION PERIOD

The Reconstruction period started in 1865 until 1867. Continue reading...

The Police

In this paperwork, I am going to discuss the video, the confession, depicting the positive or notable actions portrayed by the police and any issues with police behavior that cause my concern. I will also discuss any illegal or unconstitutional acts by the police, therefore, specifying the constitutional Amendments the police actions may have violated.
The Confession is a video written and directed by Ofra Bikel. The video revolves in the context of the rape and murder of Michelle. Daniel William, Michelle neighbors, called the 911 after the incident had happened so as to establish the cause of the Continue reading...

Response Paper

The second amendment to the first amendment it accepts that the God-given natural right of the people, and allows the government not to interfere with the exercise of power thus there is nowhere the constitution grants the public to arm themselves. Instated, in today society, are highly being alert about the gun violence, it is important to understand both sides of the views points of the second amendments to modify it or leave it the way it is. In this case paper we will focus on the Warren E. Burger's the right to bear arms. He argues that, the Continue reading...

(Professor/Instructor)

The Second Amendment and its interpretation have stirred considerable debates in American legal circles. At the center of the legal “storm” is the correct understanding of the scope of the amendment in guaranteeing the right of the people to “bear arms.” One side of the political aisle on the issue believes that the clause “the right of the people to bear arms” engenders a unique constitutional liberty for American citizens. In the premise of the “individual right” postulate, the fundamental law of the United States bars lawmaking bodies from banning people to possess firearms.
On the other side Continue reading...

In 1972, the Equal Rights Amendment was passed in the Senate. The legislation was then taken to the states for approval. The National Woman’s Political Party proposed the amendment as they advocated for legal equality of both sexes. The amendment aimed at prohibiting the discrimination based on sex. In 1960s, the issue of feminism reemerged. The U.S. Representative Bella Abzug of New York and feminists Betty Friedan and Gloria Steinem took it to the senate, and it successfully received support from more than two-thirds of the votes casted. By 1972, the amendment was forwarded to the states by Continue reading...

Drones or unmanned aerial vehicles (UAVs) are often synonymous to the remote controlled jet-like machines currently used by the military to conduct reconnaissance and stealth operations in major conflicts around the globe. Millions of dollars have been spent to produce these state-of-the-art machines in order to improve military operations in uncharted terrain. In recent years, manufacturers have managed to replicate the technology used by these million dollar machines and miniaturize them for commercial use. Many consumers use these drones for leisure or photography, but there are also groups using these drones for questionable activities like stalking, spying and even Continue reading...

The world has experienced an extraordinary internet growth since the last millennium. There has been a considerable measure put in place to adapt to this growth. The vacuum could be so unhealthy if the law did not catch up with the trend (Susan, 2005). The Americans in their bid to secure their fundamental rights and freedom in this new era of information technology adopted the fourth amendment to their Constitution.
Nonetheless, the internet age has made the amendment so porous and almost worthless. The advent of cybercrime has brought up the modern violation of the fourth amendment (Susan and Continue reading...

The Sixth Amendment

Based on the Sixth Amendment to the United States Constitution, it reads, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” . Notice that in that summary of Continue reading...