Dwight Dexter Case Study

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In The Supreme Court of the United States Dexter (Petitioner) v. Michigan State Prosecutor (Respondent) On Writ of Certiorari To the Supreme Court of the United States BRIEF AMICUS CURIAE OF THE Criminal Bar Association In Support of Dexter [petitioner] The rights of Dwight Dexter were not upheld in the criminal justice system. The rights that were not upheld include rights in the Fourth, Fifth and Sixth Amendments, such as the right to a fair trial, search with a warrant. The Sheriff’s actions were also violated Dexter’s rights. The rights of Dwight Dexter in the Fifth Amendment were violated. The amendment prevents the government from prosecuting people unfairly. Accused cannot be jailed or have their property taken without due process…show more content…
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
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