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Essays about the fourteenth amendment
Equal Rights and Fairness
Essays about the fourteenth amendment
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Overview: Alabama, March 25, 1931, nine African-American teens were arrested after a fight with several white teens on a freight train going through Alabama. After throwing the white teens off the train, they were accused of raping two white females. They were arrested and taken to the county seat of Scottsboro, charged, convicted and sentenced to the maximum penalty under Alabama law – death. All the defendants were tried and convicted in three separate groups, with each trial lasting one day. Eight were sentenced to death and the Alabama Supreme Court affirmed seven of the sentences. The issue of this case is whether or not their due process rights were violated by the denial of the right to counsel and equal protection under the Fourteenth Amendment (Powell v. Alabama, 1932 & Zalman,
On April 6th, six days after the incident, the trial began. When the judge asked the parties if they were ready for trial, the state answered in the affirmative and no one answered for the defendants. Mr. Roddy, a lawyer from Tennessee addressed the court by indicating he was not employed by the defendants but was there on behalf of interested parties of the defendants. There was a discussion between the judge, Mr. Roddy, and other members of the Alabama bar association in open court. At the end of the exchange, there was no clear representation for the defendants, the judge stated he would not appoint counsel for the defendants and when the trail started, no lawyer was named or designated as on record for the defendants. The Supreme Court judged this as from the time of their arraignment and beginning of the trial, they had no opportunity for consultation, through investigation of the claims or any preparation; ultimately, they had no aid or counsel of any real kind (Powell v. Alabama,
In a Georgia Court, Timothy Foster was convicted of capital murder and penalized to death. During his trial, the State Court use peremptory challenges to strike all four black prospective jurors qualified to serve on the Jury. However, Foster argued that the use of these strikes was racially motivated, in violation of Batson v. Kentucky, 476 U. S.79. That led his claim to be rejected by the trial court, and the Georgia Supreme Court affirmed. The state courts rejected relief, and the Foster’s Batson claim had been adjudicated on direct appeal. Finally, his Batson claim had been failed by the court because it failed to show “any change in the facts sufficient to overcome”.
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.
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
On March 25, 1931 nine African American youths were falsely accused and wrongfully imprisoned for the rape of two white girls. Over the next six consecutive years, trials were held to attempt to prove the innocence of these nine young men. The court battles ranged from the U.S Supreme court to the Scottsboro county court with almost every decision the same---guilty. Finally, with the proceedings draining Alabama financially and politically, four of the boys ...
This was a very controversial issue, because the court faced the decision of whether to go with the laws that the forefathers had come up with or grant people right to counsel so that the truth can be brought out. The issue was whether the state of Florida violated Gideon's Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, because they did not provide him with the assistance of counsel for his criminal defense.
Based on the pronouncements of the court on May 17, 1954, everyone in the courtroom was shocked after it became clear that Marshall was right in his claim about the unconstitutionality of legal segregation in American public schools. Essentially, this court’s decision became a most important turning point in U.S. history because the desegregation case had been won by an African American attorney. Additionally, this became a landmark decision in the sense that it played a big role in the crumbling of the discriminatory laws against African Americans and people of color in major socioeconomic areas, such as employment, education, and housing (Stinson, 2008). Ultimately, Marshall’s legal achievements contributed significantly to the criminal justice field.
In a 7-2 decision, the Supreme Court ruled in favor of Batson. The Court held that the Fourteenth Amendment forbids the prosecutor from challenging potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to consider the state’s case ag...
First, in State vs Jesse case; Jesse, a fourteen years old slave, was charged for both rape and assault upon a white female. It was obvious that Jesse would get an automatic execution for his crime. However, due to his professed age complicated the matter of the case. There were no proofs to convince Jesse was fourteen because birthday of slaves not to be recorded during that time. Under the act of 1823, when a color has been committed for a rape upon a white female, he cannot object, and stripped him under protection law. Jesse was defenseless, the court did not give any leniency toward the black slave, and was sentenced to death. There was no attention to his age rather than because of his color which make the public view him as an
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 for his client. Due to this defendant decided to appeal his sentence on the basis of inadequate representation of his attorney a violation of ...
After his clients were found guilty of rape and sentenced to the death penalty for a third time, Sam Leibovitz noticed a disturbing trend in the courtroom. Out of the multitude of jurors used in each hearing, none of them were black. Every single one was a white southerner, and Leibovitz felt as though the jury was rigged in favor of the prosecution. This was exceedingly common in the South at this time, as many states excluded people of color from sitting on a jury. In Norris versus Alabama, Leibovitz voiced his concerns to the United States Supreme Court. This landmark case was unorthodox, as Leibovitz had the jury rolls from the cases brought up all the way from Alabama to be read by the justices. The preponderance of the names on the lists were those of whites, but there were a few names belonging to blacks at the bottom of some of the pages. These were all hastily scrawled, as if they were added recently. Leibovitz argued that they were written there merely to show that Alabama did not intentionally influence the jury against the boys, when they actually did. The Supreme Court voted for Leibovitz, and ruled that all people, no matter their skin color, should be able to vote on a jury. This verdict would be instrumental for later race-based proceedings in the future. During the Civil Rights Movement in the 1960s, many crucial cases were won because of empathetic, equal
This term paper is on one of the most controversy discussion known as Capital Punishment. This is a topic in which the writer believes does not have a positive effect on decreasing crime in the world. For almost three years now, the writer has grown a passion for criminal behavior in some of the notoriety of a few crime cases that resulted in Capital Punishment and Wrongful Executions. One of my personal favorite crime cases in history is the Scottsboro Boys. This case represents an incident where five innocent African American men nearly faced execution after being accused and convicted of raping two white females on the back of a train back in 1931. This case is one of many reasons I am against capital punishment because it can lead to wrongful deaths of innocent men and women without justified evidences and witnesses. The writer is also
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
Historically, the right to counsel was only guaranteed in federal criminal court (Wice, 2005). A person charged with a crime in the state court did not have the right to legal representation. Law scholar Professor Mason Beaney explained this by saying, “only a few states guaranteed the right to appointed counsel…In most jurisdictions counsel was appointed in none but the most serious cases, often only when the crime was punishable by death” (Wice, 2005, p. 3). Many defendants, who were poor, illiterate, and uneducated had to face the justice system without legal assistance (Smith, 2004, p. 579). Los Angeles County started one of the first public defender programs in 1914, spreading slowly to other counties (Neubauer & Fradella, 2011, p. 176). By the 1960’s, less than a dozen states still refused to provide attorneys to defendants unable to afford one (Smith, 2004).
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...