Main article: Speedy trial Criminal defendants have the right to a speedy trial. In Barker v. Wingo‚ 407 U.S. 514 (1972)‚ the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant’s speedy trial right has been violated in the case. The four factors are: Length of delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment‚ whichever first occurs) was termed "presumptively prejudicial
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people affected by these laws. “Truth is Supreme Court has actually granted the police license to discriminate.” (Alexander 130) The system reinforces racial caste by accepting legal violation of the fourth amendment targeting African American Men. The reinforcement of racial caste by violating the fourth amendment allows several individuals to realize the issue because many experience unjust intervention in the enforcement capacity. “Police departments believe that racial profiling exists only
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Gabrielle Embry Coach Lehman 6th period Report on The Sixth Amendment Criminal Case The Sixth Amendment In all criminal prosecutions‚ the accused shall enjoy the right to a speedy and public trial‚ by an impartial jury of the state and district wherein the crime shall have been committed‚ which district shall have been previously ascertained by law‚ and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for
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The Fourth Amendment protects the right of the people to be secure in their persons‚ houses‚ papers and effects‚ against unreasonable searches and seizures‚ and provides that no warrants shall issue but upon probable cause supported by oath or affirmation‚ and particularly describing the place to be searched and the persons to be seized. In order to establish probable cause‚ the officer must establish that there is a fair probability that the area to be searched contains evidence
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Abstract The understanding of the Fourth Amendment in the U.S. Constitution and its relevance for searches and seizures is critical for any investigator‚ and it strikes a balance between individual liberties and the rights of society. Most importantly‚ the limitation on any search is that the scope must be narrow‚ if a search is not conducted legally‚ the evidence obtained is worthless. As a matter of fact‚ the exclusionary rule established that courts may not accept evidence obtained by unreasonable
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Article Summarization on the News Article Regarding the Possible Violation of the Eighth Amendment Payton Iannarino The article I found was written on March 14‚ 2011 about the controversy of the constitutionality of the treatment of Private Manning. There have been many articles about this topic‚ but the one I looked at was an editorial in the pages of the New York Times. Private Manning was convicted of leaking restricted military files to WikiLeaks and was arrested on the twenty sixth of May
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Violation of the First Amendment Understanding how or why the Government has compromised our rights as citizens is vital information when living in the United States. Let’s take the First amendment for example; Freedom of Religion. The First amendment states “Congress shall make no law respecting an establishment of religion ...” But how far can our freedom go? Either if you are part of a religion or not. The Government can’t get involved with any religion party involving politics. What about the
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One specific amendment‚ the Fourth Amendment‚ requires the federal government to get a warrant‚ signed by a judge‚ stating the area being searched‚ the person they are searching‚ or what they are going to search. There have been various occasions where the Fourth Amendment’s been brought up in court. Some of them include with federal agencies‚ Supreme Court cases‚ corporations‚ and well-known people. Recently‚ federal agencies have come under fire for violating peoples’ Fourth Amendment right. Of the
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Carvajal AIU Online Abstract The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th‚ 6th‚ 14th amendments‚ and discuss the 5 philosophies of sentencing. The Process The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that break the law. The criminal
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Constitution and Amendments. It rules how the government should work. It creates the Presidency‚ Congress‚ and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States Constitution is higher. The Constitution can be changed‚ and it’s changed by an "amendment." Among the amendments is a list of the rights of the people. It is illegal for the government to violate those rights. As of 2006‚ there are 27 amendments. Not all
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