ussc.gov/guidelines-manual/2011/2011 Findlaw for Legal Professionals. (2014). Blakley v. Washington. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=542&page=296 Findlaw for Legal Professionals. (2014). Gall v. United States. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=552&page=38 Findlaw for Legal Professionals. (2014). Rita v. United States. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=551&page=338
Confrontation. West's Encyclopedia of American Law , 85-87. McKinstry, R. (2007). "An Exercise in Fiction": The Sixth Amendment Confrontation Clause, Forfeiture by Wrongdoing, and Domestic Violence in Davis v. Washington. Harvard Journal of Law & Gender , 531-542. Parise, A. S. (1991). Maryland v. Craig: Ignoring the Letter and Purpose of the Confrontation Clause. Brigham Young University Law Review , 1093-2007. Richey, W. (2003). Can a Defendant Be Denied the Right To Confront Witnesses? Christian
the United States Constitution states, "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” Throughout the years, this clause has been very controversial. In the 2004 case, Crawford vs. Washington; Michael Crawford and his wife, Sylvia Crawford had approached a man by the name of Kenneth Lee. There had been alleged allegations that Lee had tried to rape Mrs. Crawford. In the midst of the confrontation, Michael Crawford stabbed Lee in his
counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984). The Supreme Court, Strickland case set the standard for ineffective assistance of counsel. Strickland v. Washington, 466 U.S. 668 (1984): the defendant David Washington had pleaded guilty to three counts of murder and was sentenced to death. During the sentencing process Washington lawyer did not seek any character witnesses and did not request any psychiatric evaluation
proceedings. In illustration to the application of the rights espoused by this amendment, Ralph Howard Blakely, Jr V. Washington, 542 U.S. 296 [2004] is going to be my first case example. In this case, it was held that the right to jury under Sixth Amendment restricts judges from increasing the sentences based on facts other than the jury decides. Lastly, the case of Marc Gilbert Doggett, Petitioner V. United States, 505 U.S. 647 (1992) expounds on the right to a speedy trial. It was held that the eight
Question 1, option A: In the formal criminal justice process one has to undergo many steps before they can be released. There are two phases that one must endure before arrest they are the initial contact where a police officer observes, hears, or responds to criminal activity. The other is the investigation process where it is the burden of the police to find sufficient evidence to support a legal arrest. Once a person is arrested the police needs to have a probable cause for arresting the individual
When remarking on the issue of capital punishment, Henry Ford was quoted as saying that “[c]apital punishment is as fundamentally wrong as a cure for crime as charity is wrong as a cure for poverty”(“Henry Ford”). His comment, while not saying that capital punishment and charity does not have the right idea about how to deal with the issues that plague societies, it does say that it does not properly address the issue so that it can be completely solved. While portrayed as the solution for to stop
College, but it was not until 1875 that the state’s economic situation was secure enough to proceed with it. That year, Branch Normal was established as a branch of Arkansas Industrial University, now the University of Arkansas (UA) in Fayetteville (Washington County). Its primary objective was educating black students to become
sixth amendment. The sixth amendment guarantees the right to speedy and public trial by jury, jurisdiction, right to a defense attorney, right to know the accusations against you and the right to face your accuser. In the first case, the United States v. Booker, Booker claimed that his sentence was unconstitutional, because the guidelines required the judge to sentence "based on additional facts that the sentencing judge found by a preponderance of the evidence," rather than the facts considered by
Diagnosis and Treatment This paper was designed to address the diagnostic similarities and differences between Oppositional Defiant Disorder (ODD) and Conduct Disorder (CD) as described by the Diagnostic and Statistical Manual of Mental Disorders V (2013), as well as treatment options for children that have been diagnosed with either of these behavioral disorders. Also included is information regarding differential diagnoses for ODD and CD, cultural implications, and general considerations to keep
enterprise to commit any racketeering acts. Since the passing of the RICO act in October of 1970, many states have decided to implement similar statutes to fight organized crime. Some notables states include New York, California, Colorado, and Washington. Many people over the years have argued that RICO act has now been abused passed its original purpose of eliminating crime organizations. It now has allowed for nonviolent criminals that are faced with long prison terms. Many lawyers have