Rollinson v. State, 743 So. 2d 585 (Fla. App. 4 Dist. 1999) Procedural History The Fifteenth Judicial Circuit Court convicted and sentenced the defendant for crimes he committed pursuant to the Prison Releasee Reoffender Act (PRRA). He appealed his conviction and sentence to the Fourth District Court of Appeal and they affirmed that the Act does not violate any constitutionality challenged the defendant. Facts 1. The defendant committed to serve time for certain crimes and he was prison released in August 1996. 2. In May 1997, the Prison Releasee Reoffender Act (PRRA) is passed. The Prison Releasee Reoffender Act says that when a defendant commits a crime within three years upon being released from prison the defendant must serve an additional …show more content…
Issue 4- Does the Act violate the Substantive Due Process? Issue 5- Does the Act violate the Equal Protection Clause? Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1. No, the Act does not being unconstitutionally applied as an Ex Post Facto law Clauses. 2. No, the Act does not violate the Single Subject. 3. No, the Act does not violate the Separation of Powers Clause. 4. No, the Act does not violate the Substantive Due Process. 5. No, the Act does not violate the Equal Protection Clause. 6. No, the Act does not violate the Procedural Due Process. Rationales Rationale 1- Rollinson argues that the law violates the Ex Post Facto Clauses because he was sentenced after the law was passed increasing his sentence. The court rejected that argument and said that the test in determining on whether or not the law violates the Ex Post Fact Clause requires “(1) whether the law is retrospective in its effect; and (2) whether the law alters the definition of criminal conduct or increases the penalty by which a crime is punishable.” In the same way, the court analyzes that “The Act is not being applied retroactively to Rollinson; it is being applied to criminal conduct that occurred in July 1997, after enactment of the statute in May 1997.” Thus, the court concluded “the Act is not being unconstitutionally applied to Rollinson as an ex post facto …show more content…
The court rejected that allegation and said that the test for determining whether or not the law violates substantive due process involves when “it bears a reasonable relationship to a permissive legislative objective and is not discriminatory, arbitrary, or oppressive.” Consequently, the court supports that the Act was created in order to avoid further Acts of crime enacted by reoffenders by making sure that they will receive and serve the maximum and the entire sentence under the law. Therefore, the court concluded that the argument fails due to the responsibilities of the trial courts to just adjudge a minimum mandatory
In a landmark Supreme Court case involving procedural due process safeguards, the court held that certain requirements must be met when an individual parole is revoked. Based on this case, the court found that due process requirements must be invoked in three stages; the defendant’s deferred sentence, completion of certain terms of probations and whether the defendant successful completes the probation terms or not (Oram & Gleckker, 2006). Since the Supreme Court hasn’t addressed the issue of due process clause under a drug treatment court, a few states have addressed the issue using the landmark Morrissey Supreme Court case to apply whether due process requirements is applicable to proceedings (Oram & Gleckker, 2006). Applying due process
Justice Hughes stating that the portion of the National Industrial Recovery Act which included the Live Poultry Code gave unconstitutional power to the Executive
They all held a presumptive stance against laws that impose a discriminatory burden on the implied freedom. However, the question must be asked: when is a law said to discriminate in the context of the implied freedom? The caps on political contributions under the EFED challenged in McCloy should seemingly constitute discrimination as the caps had different maximums for different groups of people (s95A(1)), and hence had proportionately different impacts on them, but was ruled otherwise. Another implication within the judgment extended to why laws that discriminate in the sense of providing for differential treatment be presumptively illegitimate?
Criminal Penalties Spring 2016 Final Critical Evaluation of Bordenkircher v. Hayes By: 1518 In Bordenkircher v. Hayes, a case that challenged the ability of prosecutors to threaten a defendant with additional and more severe charges if he refused to plead guilty, the Supreme Court held that there is no violation of the Due Process Clause when the defendant is re-indicted on more serious charges for which he is plainly subject to prosecution. The defendant in Bordenkircher, Mr. Hayes, had been charged with uttering a forged instrument in the amount of $88.30. If Mr. Hayes agreed to plead guilty the prosecutor agreed to recommend a five-year prison sentence and to forego charging Mr. Hayes under the Kentucky Habitual Criminal Act (“HCA”).
Issue: Did the President’s orders and the power given to the military authorities differentiate against Americans and residing Japanese ancestry violate the 5th Amendment of no individual should be deprived of liberty without due process? Holding: no.
Issue Did Section 3 of Amendment 73 violate the Qualification Clause of Article I? Rule Article I, Section 5 declares Congress judges the qualifications
: Petitioner, the State of Arizona, sought review of an order entered by the Superior Court of Maricopa County, Arizona, which granted the defendant Pike’s motion to modify his sentence pursuant to Ariz. R. Crim. P. 32. During the time of the offense, a sentence of one year-life was officially put into place. Pike filed a petition for post-conviction relief to have his sentence altered because he believed that his sentence was cruel and unusual punishment under the Eighth Amendment. The trial court granted Pike’s petition and gave him only 15 to 30 years and the state of Arizona filed a petition for review. On July 10, 1975, the defendant Pike was convicted of possession of dangerous drugs for sale which violated the A.R.S. §§ 32-1970(C), 32-1996(C), and 32-1901, and Pike was sentenced to serve a term of not less than 40 nor more than 50 years in the Arizona State Prison.
“The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913 , now MCR 5.925 (E), that he be resentenced” (People v. Smith, 1991). The nature of the action is misconduct and delinquency of Smith as a minor and adult. Smith used his right to appeal his sentence in an attempt to avoid a criminal conviction of incarceration. An argument was presented to the Court of Appeals requesting that the decision in his case be looked at again because the
The Supreme Court unanimously agreed to reverse the previous court’s decision of not guilty citing that it is within the constitutional authority of Congress to standardize interstate commerce. The Court believed that the goal of the Act was to prohibit states from using substandard labor systems to their own monetary benefit by interstate commerce. The Court also established that the clause for keeping records of labor was fitting to allow for the enforcement of the Act. It was also decided that an employer could be held accountable to the law if they failed to follow it.
This case was argued on December of 1967 and decided on June 10, 1968. Terry’s case argued that it was a violation to his constitutional rights and protections due to the search. However, it was determined if is McFadden had broken the Fourth Amendment
Golden Shield Defenses The lawyers of the Justice Department who were working in the Office of Legal Counsel, by writing a memo formally gave the legal authority and empowered the government interrogators to make use of the harsh and abusive methods on detainees. This happened in the month of August 2002, giving this memo the name of “Golden Shield” for the agents of CIA worrying to be held criminally liable on the tortuous interrogations coming to the knowledge of the public. For the purpose of empowering acute techniques against the suspected terrorists, CIA destined that not the agency but the White House is given the ultimate authority. A demand was made by the then Director of Central Intelligence, George Tenet for the White House mandate
The Fifth Amendment and substantive Due Process:- The revolution in due process of law was achieved by judicial interpretation of the Fourteenth Amendment. Once the substantive conception of due process was evolved, it was applied also to the Fifth Amendment containing the guarantee of due process against the federal government. In Adair v. United States a federal statute made it a criminal offence for an agent or officer of an interstate carrier to discharge an employee from service simply because of his membership in a Labour Organisation, The statute by section 10 prohibited "Yellow dog" labour contracts by employees agreed not to join Labour Unions. Adiar was convicted for discharging an employee from service because of his membership
The Criminal Justice Act of 1972 introduced fully the rehabilitation method of community service which reduced the number of people going to prison. Community service gave offenders a chance to turn their negative impact on the community to a positive one. Wilson made huge changes to the Criminal Justice System and the changes he made were positive. According to Andrew Sanders and Robert Young, the English
Since his confession could not be used, Miranda was not convicted. These, although very different, cases both support that due process holds the upmost importance in
This section specifically lists the powers that Congress has. They are distributed uniformly and the states cannot change it. The first and most important power involves taxes and controlling money. They can set taxes, tariffs, and other methods of federal revenue, and control the spending of federal funds. However, these taxes must be uniform and equal throughout the U.S.