Legal Brief Case Study

The Supreme Court specifically held that the Eighth Amendment is inapplicable to discipline imposed in the schools.” “The prisoner and the school child stand in wholly different circumstances, separated by the harsh facts of criminal conviction and incarceration.... The school-child has little need for the protection of the Eighth Amendment.” (“DICKENS BY DICKENS v. JOHNSON COUNTY BD. OF EDUC. (n.d.)”)

Then the defendants took her to a bridge and threw her off where she drowned. The day following the crime, the police came and arrested Simmons and his friends and charged them with burglary, kidnaping, stealing, and murder in the first degree.” (Roper v Simmons-No. 03–633. Supreme Court of Missouri. 1 Mar. 2005.

Continuing onto the second case I have researched. This case is titled People v. Nothnagel 187 Cal. App. 2d 219; 9 Cal. Rptr. 519; 1960 Cal.

QUESTION PRESENTED 1. Under Alabama’s burglary statute, does a former occupant of an apartment who partially moved out four to five days before committing a felony in the apartment and who has a estranged relationship with the occupant have an absolute right to enter? BRIEF ANSWER 1. Probably not. A person has an absolute right to enter as long as he remains an occupant of the apartment, ownership is irrelevant, and an estranged marital relationship is not sufficient.

Gregg v. Georgia Ware, 1 Gregg v. Georgia: Death Penalty Cheyenne Ware Liberty High School 3AB ? Gregg v. Georgia, decided July 2, 1976, was a case that has influenced a lot of cases after it. This is due to the fact it defined it the constitutionality of the death penalty and how extreme of an offence one must commit in order to receive the death penalty, as well as overturning the decision of Furman v. Georgia (Chicago-Kent College of Law, 2015 A) (Cornell University, 2015). In Furman v. Georgia, Furman was in the process of robbing is home when a resident of the home noticed him.

Gideon sued Louie L. Wainwright for habeas corpus. The decision was by the Supreme Court under Chief Justice Earl Warren that protected rights of accused criminals and extended the guaranteed the bill of Rights to state actions. Failure of the state to provide counsel for a defendant charged with a felony violated the due process clause of the Fourteenth Amendment. Gideon began a life of crime at a young age.

Georgia, Furman and his attorneys helped the supreme court decision that overturned his death sentence. Furman killed someone while robbing someone’s home and was sentenced to death. He did not feel that that was right and him and his attorneys argued that the fourteenth amendment protected him from his punishment. There are not as many death penalties in today’s world in America because of this case. I would not have voted for Furman on this case though, I strongly agree with Georgia.

MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,

The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.

The University of Texas-Pan American Essay #2 Anna Salkinder LSPI July 27, 2015 The death penalty has been a major topic of debate in the United States as well as various parts of the world for numerous years. At this time, there are thirty-one states in which the death penalty is legal. Nineteen states have completely abolished it (“States with and without The Death Penalty”). Since its initial development back in the 1600’s, the death penalty has taken a different course in the way it is utilized. In its early days, the death penalty was greatly used and implemented for several offenses.

A few short years later, Parliament created the Bill of Rights which prohibited “cruel and unusual punishment” (Stevenson). They descried Titus Oates punishment “as exorbitant, extravagant, barbarous, and inhuman,” therefore becoming the central key reason why the Eighth Amendment was created to put a stop to any more harsh chastisements similar to his (8th Amendment). It was placed into the English Bill of Rights which stated, “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” which later was almost taken word for word and placed into the U.S. Bill of Rights (Levy). The U.S. Constitution reads today, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” for the Eighth Amendment (Baltzell). Then exactly a century later, in 1789, the Constitution was on its way towards ratification

The Eighth Amendment was created to prohibit cruel punishments that the colonists would receive from the British. The British brought colonists over to an unfair trial and then received punishment that sometimes would be death. The writers of the wanted to make sure that the colonists received the fair trial and fair punishment they deserve. The Eight Amendment was ratified in December 5, 1791 as a part of the Bill of Rights. The Eighth Amendment has not been changed since the ratification in 1791.

Gideon was undoubtedly found guilty of the crime and was sent to prison. While he sat in a Florida prison, Gideon felt that his constitutional right to have an attorney was not granted. Thus, Gideon formulated an appeal to the Supreme Court handwritten on prison paper. The Supreme Court accepted his documents and decided to hear his case. Prior to Gideon vs Wainwright, Betts vs Brady was the case doctrine that was followed.

Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.

Texas, a case that has become controversial on whether or not the death penalty is appropriate for rape victims. Branch was accused of rape when he was found early in the morning driving his car with his pants unzipped, matching the description given by the victim. The victim was a widowed women who lived a few blocks from her son, she lived alone. At the scene of the crime there were a set of footprints matching the shoes that he wore(Branch v. State, Justia Law). Branch was charged with rape from examination of the victim and was later put to death after his eighth amendment claim was denied.