Bounds v. Smith was argued November 1, 1976 and the case was decided April 27, 1977 by THE UNITED STATES COURT OF APPEALS for the Fourth circuit. MARSHALL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, BLACKMUN, POWELL, and STEVENS, JJ., joined. POWELL, J., filed a concurring opinion. BURGER, C.J., filed a dissenting opinion. STEWART, J., post, and REHNQUIST, J filed dissenting opinions, in which BURGER, C.J., joined.
The issue in this case is whether States must protect the right of prisoners to access to the courts by providing them with law libraries or alternative sources of legal knowledge.
In another case Younger v. Gilmore it was ruled unconstitutional, so they was mandated by the constitution to providing them with law libraries or alternative sources of legal knowledge. Respondents filed three separate actions all with the Eastern District of North Carolina. The respondent said they was denied access to the fourteenth amendment right. The
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The courts found that the respondent's rights had been violated because the state had not provided proper research facilities. The court charged the department of correction with finding a way to provide appropriate legal service for inmates. They said the program should be economic accessible.They said it could be a law student, lawyers or public defenders. Also they said they should have access to law libraries. The state responded by setting up several libraries.The respondents wanted libraries at every prison.The courts founded the state plan to be fair.The prison got the the Federal Law Enforcement Assistance Administration (LEAA) for a grant to cover 90% of the cost of setting up the libraries and training a librarian and inmate clerks. The state said this would benefit all
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
The Supreme Court exercised its interpretation of the Constitution and found that a violation of the First Amendment was apparent and therefore, also a violation of the fourteenth Amendment showing that due process of the law was not given.
Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups. Exhaustion of remedies for administration also allows for one to articulate grievances against the prison official before suing them. Emotional or mental injuries are among other issues of prison litigation addressed in this prison litigation
Johnson V. M’Intosh case illustrates how the developing United States established the ownership of the Native American land that is now the United States of America. In the case, Johnson had inherited land that was previously owned by a Native American tribe. On the other hand, M’Intosh claimed ownership of the same land because his family had purchased the land from the United States. In the end, the United States Supreme Court ruled in the favor of M’Intosh ownership of the land, because the land is federally owned by the United States government. Chief Justice, John Marshall bases his decision on the “Doctrine of Discovery”, a law that allowed colonial powers to claim newly discovered land. As stated in the course readings, Uneven Roads; the text goes onto explain that Marshall didn’t believe that the Indians had any ‘right of occupancy’ and are not entitled to the ownership of their land. Shaw further
In this essay, I would like to reflect an article on The New York Times, ‘‘The Court Side Steps The Law, the South Caroline’s Poor Go to Jail’ ’on October 14, 2017.This article describes a man who was jailed or cited 270 times on the same charge, Trespassing without a lawyer. In America, the constitution is enshrined that you are entitled a counsel. The framer of the united states constitution has seen the of lack of liberty during the British colony and they know that unalienable rights of the citizen must be protected against the government. Thus, they had anticipated all the problems that citizen can face in their future interaction with the government and they put the six amendments in the bill of right which guarantees an accused person the right
...a clear definition for what the school-to-prison pipeline is and why it continues to exist. I see the issues that have proceeded because of this policy. The research gives me an advantage of providing the unconstitutional wrongdoings. This is not an issue just morally wrong, it is unjust. Literature provides me with information on why courts are not taking action as well as possible solutions to endure without depending on legislators to take actions. The school-to-prison pipeline has a direct target and the literature also contributes information on who that target group is and why they are so easily targeted.
Citation: Texas v. Johnson, 491 U.S 397, 109 S. Ct. 2533, 105 L. Ed. 2d 342, 1989
Parise, A. S. (1991). Maryland v. Craig: Ignoring the Letter and Purpose of the Confrontation Clause. Brigham Young University Law Review , 1093-2007.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
For county jails, the problem of cost and recidivism is exacerbated by budgetary constraints and various state mandates. Due to the inability of incarceration to satisfy long-term criminal justice objectives and the very high expenditures associated with the sanction, policy makers at various levels of government have sought to identify appropriate alternatives (Luna-Firebaugh, 2003, p.51-66). I. Alternatives to incarceration give courts more options. For example, it’s ridiculous that the majority of the growth in our prison populations in this country is due to people being slamming in jail just because they were caught using drugs. So much of the crime on the streets of our country is drug-related.
In the case of Turner v. Safley, the court ruled that inmates are still required to have their all their constitutional rights while they are in prison if it is feasible within the guidelines of the prison and the law. For any of their constitutional rights to be violated the issue must pose a legitimate concern to the prison system. The ruling states that attempts need to be made to ensure the constitutional rights of the inmate are not violated by seeking out alternative solutions (Vainik, 2008).
An American resolution: The history of prisons in the United States from 1777 to 1877 by Matthew Meskell. Stanford Law Review.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
On September 25, 2017, Justices of the Supreme Court of the United States will exam Heard v. Georgia Department of Human Services. This case is indicative of the institutionalized and systemic problems associated with mass incarceration in America. The focus of the legal claims relates to child support and the inability to make payments during incarceration and the denial of direct appeals following contempt proceedings. However, the outcome of the legal claims is that the current system forces former inmates and others to create their own economy.
5. According to the Legal Information Institute of Cornell University Law School, "In 1940, the Supreme Court held in Cantwell v. Connecticut that, due to the Fourteenth