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Freedom.of speech
Freedom of speech and the
Freedom of speech amendment
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The court case that I chose as the precedent for this scenario is Brandenburg v. Ohio. In this court case, a leader from the Ku Klux Klan made a speech at a Klan rally in Ohio and was charged with terrorism, sabotage, and violence.This conviction violates Brandenburgs right to free speech. In the scenario and the court case both Ku Klux Klan members were convicted of a crime that violated the state law which does not allow the advocacy of crime, sabotage, violence and unlawful methods of terrorism. Also in the scenario John Doe is fined $1500 and sentances to 5 years in prison. Both cases are very similar down to the point that they both deal with the Ku Klux Klan. After reading the court case I believe that the punishments given to John Doe
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
The hypocrisy and double standard that allowed whites to bring harm to blacks without fear of any repercussions had existed for years before the murder Tyson wrote about occurred in May of 1970 (Tyson 2004, 1). Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1).
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
As said by Governor George Ryan, “Since 1973, over 130 people have been released from death rows throughout the country due to evidence of their wrongful convictions.” With each of these wronged convictions, the victim who should rightfully be convicted was able to walk free and possibly continue to commit crimes. Many of these wronged convictions entail parts of conflict theory with them because the dominant group will view things that they believe are socially deviant as criminal. The example in class of the 1992 Chicago gang ordinance shows how the dominant group, the police force, viewed standing on a street corner as socially deviant and thus, labeled it criminal. In The Central Park Five, the five who were convicted were in Central Park late at night, which was socially deviant. Since there was crime that was committed that night, it was easy to take the socially deviant situation of the kids being in the park late at night, them being in the same place as the crime, and them all being non-white and the victim being white and turn the crime on them. At the start of the night, there were kids who were throwing rocks at cars and assaulting homeless people to the extent of smashing one with a beer bottle. Out of all of the kids who were in the park that night, when they all took off running, it didn’t matter which five were stopped and taken to the police station, as long as there were non-white and in the park that night they could have been one of the “central park five”. “Central park five” turns into a label knowing that regardless of who the kid was and their background, the officers involved were going to manipulate they into confessing to the crime and then end up being convicted. Crime today involves conflict theory and can
On the evening of September 21, 1977, the alleged victim in the case, known as Pat, was out at a high school alumni function, where she met up with several friends. They decided to go to Fells Point to have a few drinks. While en route, Pat stopped to phone her mother who was watching her child to inform her that she would not be out much longer. Once at Fells Point, they went to the bar and had approximately one drink. Pat and her girl friend, Terry, walked two blocks to an additional bar. This is where Pat met the defendant, Edward Rusk. A conversation ensued between the two of them. It was reported that their conversation covered the subject of them both being separated from their spouses and having children. Rusk is reported to have asked Pat for a
Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/. Kansal, T. (2005). The 'Secondary'. In M. Mauer (Ed. Racial disparity in sentencing: A review of the literature.
In the presidential election of 1800, Thomas Jefferson defeated John Adams to become the third president of the United States. The Judiciary Act of 1801 was passed which modified another act in 1789 that established ten district courts, six circuit courts, and the addition of judges to each circuit giving the president authority to appoint federal judges. The Marbury v. Madison was a landmark case in 1803 in which the court formed the basis for the exercise of judicial review. The landmark decision defined the boundary between separate judicial and executive branches of the American form of government. The Marbury v. Madison case of 1803 played a key role in making the Supreme Court a separate branch of government.
Skinner v state of oklahoma The first case of many cases dealing with the topic of the reproductive system , the rights of an individual to have the rights to a choice in reproduction . Though Roe v Wade is the most commonly known of the Supreme Court cases regarding reproductive rights it was not the first Supreme Court case regarding this topic. Reproductive rights was in fact not Roe v. Wade , but rather this case had no element that discussed the principle of abortion or contraceptive use.Skinner V, State of oklahoma Rather this case dealt with the topic of a discipline/ punishment based forced sterilization,( the removal of the reproductive capabilities
...ce about committing a crime. But lawmakers failed to see that this is the point of any law. Look at how much crime this country has. That is part of the reason why many states reinstated the death penalty—because people were supposed to think twice about committing crimes. Obviously, these laws are not doing their job. The government reported 97 executions this year alone, up from 68 in 1998 and 74 executions in 1997 (Johnson 1). Officials should rethink their strategies. If laws already exist for a certain crime, regardless of whether or not it is a hate crime, then those laws should be used. Laws should not be changed to fit individual situations.
middle of paper ... ... Violence on College Campuses," (Baltimore: National Institute Against Prejudice and Violence, 1990). Fox, James and Jack Levin Overkill: Mass Murder and Serial Killing Exposed (New York: Dell, 1996). Freeman, Steven, "Hate Crime Laws: Punishment Which Fits the Crime," Annual Survey of American Law (New York: New York University School of Law, 1993); pp.
When the topic of hate and bias crime legislation is brought up two justifications commonly come to mind. In her article entitled “Why Liberals Should Hate ‘Hate Crime Legislation” author Heidi M. Hurd discusses the courts and states views that those who commit hate and bias crimes ought to be more severely punished. She takes into consideration both sides of the argument to determine the validity of each but ultimately ends the article in hopes to have persuaded the reader into understanding and agreeing with her view that laws concerning the punishment of hate and bias laws should not be codified. Hate crime is described as a violent, prejudice crime that occurs when a victim is targeted because of their membership in a specific group. The types of crime can vary from physical assault, vandalism, harassment or hate speech. Throughout the article Hurd tried to defend her view and explain why there should be no difference of punishment for similar crimes no matter the reason behind it. Her reason behind her article came from the law that President Obama signed in 2009 declaring that crimes committed with hatred or prejudice should have more sever punishments. While the court has their own views to justify their reasoning behind such decisions, in the article Hurd brings up points and facts to prove the wrongfulness of creating such a law. However, though Hurd has made her views clear in the following essay I will discuss reasons why the penalties are justifiable, why they should receive the same degree of punishment, less punishment and my personal view on the topic.
There are both state and federal laws that prohibit hate crimes, but proving an assailant committed a crime in prejudice is very difficult. Any type of crime can call for some form of punishment, from fines and short prison stays for misdemeanors to long term imprisonment for felonies. Once it has been reviled that an accused willfully committed an offense, proof must be given that indicates the crime was influenced by prejudice against a specific characteristic in order to show that it was also a hate crime. When this can be proven, the harshness of the crime automatically increases. People often wonder why hate crime punishment is harsher than for crimes that are not motivated by any type of bias. The basic reason for this is that most crimes are directed at an individual, but hate crimes are against an entire community. A burglar who breaks into a random home does so for personal gain, and usually doesn’t even know who lives in the home they are invading. Conversely, a person who chooses a victim based on a particular bias is singling out a ch...
There are many who believe hate crime should be punished more severely since it ‘’has the potential to cause greater harm.’’ (Hate Crime Laws, 2014) Hate crimes, like racial discrimination, have unfortunately been a part of this country for centuries, racial discrimination was rampant in the 19th and 20th century, but mostly in the south; many segregation laws were created at the time ‘’that banned African Americans from voting, attending certain schools, and using public accommodations. ’’ (Hate Crime Laws, 2014)