Supreme Court Research Paper

Only available on StudyMode
  • Download(s) : 243
  • Published : May 7, 2012
Open Document
Text Preview
American Government
“Supreme Court
Research Project”

Brown v. Broad of Education, Topeka (1954)
This may be the most known and the most controversial decision of the modern Supreme Court. The Court finally saw that some women don’t have any other choice than abortion.Right after the moment was handed down, Roe v. Wade has divided lawyers, politicians, and the public into those who support the decision and those who would like it brought down, either by the same Supreme Court or by act of the legislature. A judge's or politician's position on the case of abortion has played a very important major role in numeroud appointments and elections. After the decision which impacted for the rest of his life, the opinion brought its author, Justice Harry Blackmun, a nonstop stream of mail both praising and critizising harshly him for the decision. Does segregation of children in public schools deny blacks their Fourteenth Amendment right of equal protection under the law? Opinion of the Court:

Segregation of children in the public schools only on the basis of kinds of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. The education in public schools is made for all kinds of people, and it doesn’t matter what race they are. The question above is studied not only on when the Fourteenth Amendment was adopted, but in the light of the role of public education in American life today. The separate and equal at the same time doctrine adopted in Plessy v. Ferguson, doesn’t fit in the field of public education. Separating black children from the other kinds of color children is a negative act, because it causes or it may cause heart damage, in the way that they will feel out of the cirle and treated badly. Impact:

 The impact of segregation is greater when it has the approval of law. I think that the feeling of being like less important, or in the bottom of others affects the motivation of a child to learn. Segregation with the approval of law usually blocks the educational and mental development of black children. That keeps them away of some of the benefits they would receive in a social or mixed school system. Whatever may have been the increase of psychological knowledge and intelligence at the time of Plessy v. Ferguson, this finding is amply supported by modern authority and any language against in Plessy v. Ferguson is not allowed.

Gideon v. Wainwright (1963)
This was a case decided in 1963 by the U.S. Supreme Court. Clarence Earl Gideon was convicted of a crime in a court in Florida. After he had been denied a request for free guidance, he had defended himself. The Supreme Court held that the right to guide, promised in federal trials by the 6th amendment to the Constitution, is fundamental to a fair trial. State failure to provide guidance for a defendant charged with a crime violated the due process clause of 14th amendment of the Constitution. The decision was one of many by the Supreme Court under Chief Justice Earl Warren that protected the rights of accused criminals and extended the guarantees in the Bill of Rights to state actions. The holding was expanded in 1972 to require counsel for any defendant who would spend even one day in jail if found guilty. Did the state of Florida violate Gideon’s Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, by not providing him with the assistance of counsel for his criminal defense? Opinion of the Court:

The American right to have assistance of guidance in all criminal cases set a meaningful departure from the earlier English practice. This allowed lawyers only in some criminal offense cases. In ordinary crime cases Great Britain did not allow guidance at all until 1836, although judges apparently often bent this rule. 12 of the original 13 states rejected the English doctrine, and increased...
tracking img