1. First and foremost, in regards to the case of Brady v. Maryland (1963), prosecuting attorneys withheld information from the courts in the conviction of Brady and Boblit for first degree murder. Boblit had written a confession before the trial stating he had committed the murder on his own, but due to the prosecution withholding exculpatory evidence, Brady was also convicted of the same murder. Brady petitioned the courts and the Supreme Court Ruled in favor of Brady, stating his rights of “due process” had been violated by the state of Maryland. It is from this case that a defendant may request Brady disclosure. Brady disclosure is any evidence that has been withheld that could reduce the sentence or punishment received of the defendant. …show more content…
Lastly, in United States v. Agurs (1976), a woman was heard by hotel staff yelling and screaming for help. When the staff entered the room, they saw a male on top of the female trying to stab her. When separated, the female left the scene before the police arrived and the male had died from multiple stab wounds to the chest. The woman turned herself in the next day and offered little information to investigators. The police charged her with second degree murder, but her defense argued she had acted in self-defense. The male had cuts to both his wrists and his hands which were determined during autopsy to be defense wounds. The woman was found guilty and sentenced to jail. Later, the defense tried to argue to the courts that the male victim had previous assault charges with weapons and was prone to violence. The court dismissed these findings, as they were not relevant to the case at hand and did not bring any new findings into the case. The defense tried to argue under the grounds that if the jury were to hear about the previous charges, then they might have not found her guilty. This case added to the previous cases in that there was a duty to disclose all exculpatory information even if there was never a request for the
This memorandum is written in response to your September 1, 2015 request for information regarding the case of Samuel V. Morgan. The analysis will show that Samuel is liable to pay the fine. Robert is a senior weight lifter and member of the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. at Howard University. Although he is strong, he is extremely slow moving which forces him to limit himself to fighting with people who are considerably smaller than he.
History of this case: The accused, Ms. Angelique Lyn Lavalee was in common law relationship with victim, Kevin Rust, for around 3-4 years between years 1983-1986. Their relationship was marred with violence, domestic physical intimidation, abuse and instances of woman-battering of Angelique at the hands of her abusive and brutal partner, Rust. Things took such a violent turn that it is alleged that Lavalee feared for her very life and safety at the hands of her stronger, abusive and violent partner, Rust, who threatened and humiliated her off and on, both mentally and physically and which also required numerous hospitalization visits for the accused on several occasions for treatment and medication for wounds inflicted on her by her abusive
I have given this investigation careful consideration due to Officer Noname’s length of service within the Spring Falls Police Department. Through the facts given and statements made by Officer Noname, I am requesting immediate termination of employment. By lying to investigating officials in his involvement with the misuse of department resources, Officer Noname has become untrustworthy and his credibility as an officer of the law has been brought into question. It is from this incident that if Officer Noname were to give testimony in a hearing, his credibility would be called upon due to his dishonesty during this investigation. In Brady v. Marland (1963) and Giglio v. United States (1972), the Supreme Court has imposed rulings that all exculpatory evidence must be disclosed and that the defendant has a right to learn of any incriminating and/or discrediting information pertaining to the witnesses against them and may result in impeachment of witness testimony.
Marbury versus Madison was one of the most controversial court cases in the Supreme Court history. The overall decision of the court case was a landmark decision that would carry on into setting up boundaries between the executive and judicial branches of government. The case was brought to trial on February 11, 1803 and the final decision was made February 24, 1803. The case included William Marbury and James Madison. Marbury was appointed by President John Adams to be the Justice of the Peace.
“Fairness is not an attitude. It’s a professional skill that must be developed and exercised”- Britt Hume. Fair trials are something that doesn't happen often, but in the Slager trials and the Brown trials, there is truly no such thing as a fair trial. The Michael Brown trial was when Brown, a black young adult, was unarmed and was shot by a white male Ferguson police officer. The police officer was not charged with any crime relating to the shooting of Michael Brown.
Marbury vs. Madison John Marshall was the Supreme Court Judge that presided over the Marbury vs. Madison case. This case is important because it established the doctrine of judicial review. The Marbury vs. Marshall Supreme Court case began with John Adams who at the time was the President of the United States. James Madison was the Secretary of State and he was responsible for delivering commissions.
The jurors who were interviewed said there was not enough evidence and if there was it would have change the verdict. Even though the defense of battered women was not acceptable back then if her attorney brought the information about her abuse, even if it might not completely change the outcome at least he could have used as mitigating circumstance. In addition the trial is held by a judge who confuse the battered women syndromes with self-defense. It looks like even if the information about her abuse presented and the battered woman syndrome defence can be used the judge misinterpretation about battered women syndrome would have affect the case and the judgment in negative
Crime In May 1957 the Cuyahoga City Police Department received an anonymous tip via phone that Virgil Ogletree, a man wanted for questioning in reguards to the bombing of Don King’s home. The tip stated that Ogletree could be found, along with betting slips and gambling equipment ran by Edward Keeling who lived with his girlfriend, Dollree Mapp, at 14705 Milverton Rd (wikipeda.org, 2017). Mapp, after calling her attorney, Mr. Greene, refused the officer’s request stating that if they didn’t have a warrant she would not let them in.
In a murder case where an 18-year-old, Sarah Johnson was sentenced to life in prison for committing a first degree murder for both her and dad. The case reopened when a retired crime lab technician Michael Howard “testified that whoever shot Diane and Alan Johnson at close range on September 2, 2003, would have been hit by a "rain" of blood spatter” (http://www.cnn.com/2005/LAW/03/03/johnson/index.html?eref=sitesearch). Howard came up with his theories proving that, Sarah was not even close in committing those murders and it is a wrongful conviction. Based on blood spatter, Howard disclosed that the shooting which took place was at a very close range and blood would have been all over the assailant, where as there was no blood pattern found on Sarah’s clothes. In fact, the pajama pant, Sarah was wearing on the day of shooting had no trace of her parent’s DNA or blood.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
While most of the unlawful conviction cases have been widely publicized, the general public remains alert and skeptical on how to properly address this new wave of challenges in our criminal justice system as a by-product of police brutality, junk science, eyewitness misidentification and much more. Limited policy adjustments have been implemented in the existing framework of conducting legal proceeding to indict criminal behaviors, nor have it provided adequate opportunities and resources for victims that fall under the wrongfully acquitted category. Current regulations for have strengths and flaws, which will be disclosed in this research. Exoneration, the contemporary legal approval from the judge and the court that indicates a defender
These doctrines were in constant conflict. Those who favored privacy believed that to compel disclosure of a confidential communication was inherently wrong (EPIC Staff, n.d.). Therefore, compelled testimony would infringe on the right of people to control the distribution of their personal information and keep people from sharing that information with their friends for fear their friends would be forced to reveal it. However, the need to protect private information from compelled disclosure was not always recognized as a legal interest. To determine a need for privacy, courts had to handle things on a case by case basis and weigh the information necessary.
In this scenario, as a homicide detective, you are faced with a dilemma of having very little evidence against the suspect you believe is involved in the murder of the 9-year-old. Even though there is no Supreme Court law against deception, the question of whether it’s ethical to use deception to obtain a confession is in question, especially when speaking about a crime that is one of the most heinous that a homicide detective will have to work. An ethical person (detective) in this scenario would continue to work the homicide case and continue to collect evidence to use against the suspect. Even though there is not a Supreme Court case yet on deception against a suspect to obtain a confession, the last thing a detective wants is to have
The fifth amendment is possibly one of the most underrated yet incredibly important amendments in the constitution. The fifth amendment gives rights relevant to both civil and criminal proceedings, the most well known being the protection against self-incrimination and the “double-jeopardy” clause. The rights given in the fifth amendment have proven to be important, yet controversial over the years in this country’s justice system. The fifth amendment gives various personal liberties involving the court system.
The privilege against self-incrimination allows a person to refrain from answering questions or producing documents which may result if, in the opinion of the trial judge, in the exposure of said person to a criminal or civil charge. The privilege can be relied upon at any stage prior to or within proceedings when/if incriminating evidence is sought from them. With the introduction of the Criminal Justice Act 2007 (2007 Act), the privilege of self-incrimination has been somewhat placed under threat. Part 4 of the 2007 Act has created a number of reforms relevant to the privilege of self-incrimination/right to silence. These reforms will allow a jury/court, dependent on the case, to draw inferences from the accused’s silence during the investigation