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Jury Selection Bias - 1,330 words
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in todays jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, ...
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Jury Selection Bias - 1,310 words
... e blacks comprise 4.5% of the population countywide. The court maintained that the Sixth Amendment right of a fair trial does not limit governments ability to define the community from which jurors are selected. Albert J. Menaster, a Los Angeles Deputy Public Defender, stated that the decision on trial transfers conflicted with the historic American legal tradition of trying cases in the community where a crime occurred..giving the defendant a trial by peers and the immediate community a direct role in the case (Los Angeles Times, San Diego County Edition, Nov. 1989). The African American people are a minority to begin with, but to take a black man and locate his trial in an area of even ...
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Juilus And Ethel Rosenberg - 1,648 words
... ast(Milton 2). Because he had committed these acts more than 20 years before, he could not be charged for spying but was charged for lying under oath about his involvement with the Soviet Union(Milton 3). Alger Hiss was the first of many spies who either confessed or were caught by the government in a domino effect that eventually led to the capture and final execution of the Julius and Ethel Rosenberg. Twelve days after the Hiss conviction a physicist from England who worked first hand with the Manhattan project confessed to spying for the Soviet Union(Milton 23). The physicist was Klaus Fuchs and the Manhattan project was America's name for it nuclear experimenting project(Milton 25). ...
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Sheppard V Maxwell - 310 words
The wife of Dr. Sam Sheppard(Marilyn Sheppard) was bludgeoned to death on July 4, 1954. She was found in the upstairs bedroom of her home in Bay Village, Ohio. The town mayor called the local police, Dr. Sheppards brother(also a doctor) and the next door neighbors. Local police advised the local coroner and the Cleveland Police Department. When the coroner arrived, he pronounced Marilyn Sheppard dead, examined Dr. Sheppard and took him to a clinic(run by Dr. Sheppard). Both Dr. Sheppard and the neighbors were investigated by Cleveland police. Dr. Sheppard was later interrogated while sedated in a hospital bed. He was also questioned with out the presence of his attorney. On July 7, the day o ...
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Woburn - 630 words
The Woburn trial was an incredibly complex case involving thirty-three plaintiffs, two defendants, a mountain of conflicting hydro-geological and medical testimony regarding causation, and multiple claims including negligence, nuisance and emotional distress. That is why, in my professional opinion, Judge Skinner changed the complete outcome of the trial with his actions, concerning both the procedure of the trial, and his own personal interactions with myself. I believe that his actions should be reviewed, as it gave an unfair advantage to the defendants, assisting them in their goals in dulling my legal strategy. Given the complexity of the case, Judge Skinner's decision to divide the tria ...
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Australia's Unfair Legal System - 817 words
In theory all jury systems (which have existed for almost 800 years) are fair and just. The jury system originated in England and has so far failed in cases (all too common) when defendants are wrongfully prosecuted or convicted of crimes which they did not commit. In societies without a jury system, panels of judges act as decision makers. They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of Englands Common Law. Th ...
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Case Analysis Of Andrea Yates - 1,097 words
Day by day, people around the world do many bad things and we do not have other choices but face them. One June 20, 2001, 36-year-old Andrea Yates, a Texas mother of five kids ranging in age This world is full of many things we will never understand. Nobody said life is from 6 months to 7 years, drowned all of her children and then phoned the police. The controversial question pops up: Is this woman guilty of capital murder? The truth is that she should not be punished for what she did considering that she did not know right from wrong. Prison is not the right punishment for her. U.S. Department of Health and Human Services revels that Postpartum depression is a common, frequently unrecogniz ...
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Legal Ruling On Patricia Rosier 1986 Case - 1,527 words
Patricia Rosier died January 15,1986 with the help of her husband Peter Rosier. She was 43 years old and a mother of two. Her husband Peter was a prominent physician in Fort Myers Florida. He was indicted for first degree murder by Lee County grand jury 10 months later. Patricia had been diagnosed in April 1985 with lung cancer. Which eventually moved to her brain. Her husband felt that there was a lawsuit of malpractice, as he believed she should have had the x-rays six months earlier (Oct. 1985) Dr. Rosier admitted in an interview with a Fort Myers NBC affiliate, WBBH Channel 20 that he helped his wife end her life. He admitted in his manuscript I gave her two injections of morphine... I i ...
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Scopes Monkey Trial Of 1925 - 1,930 words
The 1920s has been characterized by a period of new thinking and a dispute between traditional beliefs and modernization (Boudia). The era became known as a time of contradiction in peoples thoughts and ideas. After World War 1, fundamentalism soared in popularity, particularly in the South and Midwest. Fundamentalists believed in a literal interpretation of the Bible, and saw the Darwin theory of evolution as a threat to Christianity (The Scope Monkey Trial-July 10, 1925). So opposed to evolution, these fundamentalists set out to eliminate it from society, beginning with the education system in Dayton, Tennessee. By 1925, many states throughout the South had put into effect laws to disallow ...
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Equal Protection And Supreme Court Cases - 1,165 words
Brown v. Board of Education (1954) stands as a turning point in Supreme Court decision making as it erased segregation in schools and set a new standard for civil rights cases. Using stricter notions of scrutiny the Court was able to revitalize the Fourteenth Amendment. However, while this case set new standards in civil rights, the Court has since had a difficult time defining their role in cases regarding racial discrimination. Washington v. Davis (1976) and McCleskey v. Kemp (1987) are two such cases dealing with racial discrimination in which the court has had to deal with conflicting interests of the justices and how they perceive their role in the changing social landscape of the Unite ...
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Tobacco Stuff - 1,921 words
... moking sections. Per capita consumption of cigarettes continues to decline in the U.S. Data from the National Health Interview Survey (NHIS) shows that cigarette smoking among adults aged 18 and over declined 40% between 1965 and 1990. There was little to no change in smoking prevalence between 1990 and 1994, however. This has prompted the larger tobacco companies to use more aggressive marketing by expanding into foreign markets, hence increasing tobacco exports from about 2.1 billion in 1986 to 5.3 billion in 1996. The largest overseas markets for U.S. cigarettes are Japan and Europe. Does the U.S. bear any responsibility for chasing tobacco overseas? Not if it is determined that peopl ...
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The Bill Of Rights - 1,105 words
... ry of what they should have been, and such actions left the colonists shocked at the possible consequences. 2. In Taylor v. Louisiana 1975, the Court examined a case regarding a Louisiana state law stating that women would be excluded from jury selection unless they specifically asked. The basis for this law was that selecting women on juries would upset their family life. This law was struck down by the Court on the grounds that to have a jury pool that accurately represented the community, women must be included. 3. Controversial Issues follow: Speedy trial versus following proper legal procedure Barker v. Wingo 1972 Pretrial publicity Sheppard v. Maxwell 1966 Fair and impartial jury P ...
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Crime Issue In America - 1,200 words
Some citizens agree that the justice system does not work as fast and proper as it should. But limitations and the Constitutional rights that we have, make it a lengthy process to ensure that fairness is given to us all. From policing, to the courts, to corrections, there are many small steps and procedures that we amend and change every week, therefore making the justice system more adaptable to our society. As time goes on, and things change, or legal system and laws will change too. The United States of America is a democratic republic, for the people by the people. And it is us, who in the future will determine what changes we must take in order to make this country a better place to liv ...
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