This case brings the question up of was T.LO's rights broken or not. The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. T.L.O is the person who sued because she felt that the contents in her bag were only found because it was searched unlawfully. In Juvenile Court it was decided that there had been no Fourth Amendment violation. T.L.O was searched without probably cause of any illegal activity. The fact that she was smoking cigarettes in school have the principle no reason to think she is dealing marijuana.…
In 1980, one of the teachers at Piscataway High School found two girls smoking in a restroom at the school…
Answer: The hearsay rule prohibits statements made outside of court to be offered as proof, in admitting evidence. However there are exceptions to the hearsay rule, which includes statements made in 1) excitement utterance, this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression, statements made during or right after the declarant perceived it. 3) There are various records rules; such as public records which are marriage, death, and birth if reported to legal office, observations made while on public duty like how many times an officer has had disciplinary actions against him or her while on duty. Cases filed in courts prior…
The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…
The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…
The respondent was convicted in Dallas County Criminal Court of desecration of a venerated object in violation of a Texas statute. He was sentenced to one year in prison and fined $2000. The respondent appealed his conviction through the Court of Appeals for the Fifth District of Texas. They affirmed the decision of the lower court. The respondent then petitioned for discretionary review by the Texas Court of Criminal Appeals. This court then reversed the decision finding Johnson’s flag burning to be “symbolic speech” protected by the First Amendment. Certiorari was granted. The case went to the Supreme Court.…
In his article Florida v. Harris: Turning Police Dogs into Search Warrants on a Leash, John Whitehead questions the intentions of both police officers and Supreme Court judges, who seem to be condoning and ruling in favor of unconstitutional searches of American citizens. The criteria for what qualifies as probable cause has now been left up to the judgement of an officer. With variance in why a search should be conducted, Americans are left in the dark when it comes to their own rights. Although the Constitution outlines these rights, their interpretations gets lost when the Supreme Court rules in the favor or those who seem to be abusing their power rather than using it to protect the American people. .…
NYS Unified Court System: A judicial system is independent of executive and legislative and yet accountable to elected officials and through them, to the people. The mission of the Unified Court System is to promote the rule of law and to serve the public by providing just and timely resolution of all matters before the courts.…
This primary source document is from an article from Harper’s Weekly. Harper’s Weekly was a very important newspaper from New York during the Civil War. The article was titled “New York Legislation.” The proper bibliography citation for this source is: “New York Legislation.” Harper’s Weekly (New York), April, 8, 1865, 9th ed., sec. 432. Accessed September 12, 2016. http://www.sonofthesouth.net/leefoundation/civil-war/1865/April/amnesty.htm. The article clearly focuses on the New York legislation at the time. The author of the article is unclear. There is no given author for any of the article in this particular edition of the newspaper. However, the author’s purpose is clear. The point of this article is to highlight the issues that are concerning…
A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventing the breach of peace; consider the flag a symbol of national unity. At Johnson's court trial, he was convicted of aiding, abetting and encouraging the burning of the Texan flag. This, in turn, made Johnson guilty under Texas state law.…
In the case of Katz v. United states, 1967, The FBI agents acted on a suspicion that Katz maybe transmitting gambling information over the phone to other people in other states. Katz was using a public phone booth to conduct the transactions of information ("Findlaw's United States Supreme Court Case And Opinions."). The FBI agents then proceeded to attach an eavesdropping device to the outside of the phone booth to record his conversations. With all the recoding that the FBI could get, they charged Katz with an eight - count indictment for the illegal transmission of wagering information to several states and he was convicted of those charges ("Findlaw's United States Supreme Court Case And Opinions.").…
Eric Harris and Dylan Klebold murdered their classmates and teacher at Columbine High School on April 20, 1999. (Cullen“The Depressive and Psychopath”). Harris and Klebold have planned for a year about what they wereare going to do. They wanted to do the shooting on the same day as the Oklahoma City bombing (“Columbine High School Shooting”). Their hatred led them to seek revenge on the people at the school whomthat they both hated. In Harris’s journal, his opening sentence was “I hate the f---ing world” (Cullen“The Depressive and Psychopath”). In theirthere massacre they targetedaimed towards athletes but, when bombs went off they would gun down any and everything fleeing the school. It was just as much of a bombing as it was a shooting (“The…
Osborne, A. G., & Russo, C. J. (2007). Special Education and The Law: A Guide for Practitioners (2nd ed.). Thousand Oaks, CA: Corwin Press…
Abraham Lincoln once said, “Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties” (Shmoop.com). On September 17th, 1787 the signing of Constitution of the United States of America took place. The members of the Constitutional Convention met to create a strong, centralized government after the dissatisfaction of the Articles of Confederation. The Constitution created a government made by the people, for the people, which includes minors. Every American citizen has undeniable rights that are provided in the Constitution and that should also protect minors while they are at school and at home, where they should be able to express themselves without punishment as well.…
That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…