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Interrogations and the 6th Amendment Term Paper

… ¶ … Sixth Amendment [...] interrogations and the Sixth Amendment, including answering the questions: Why is a statement sometimes inadmissible under the Sixth Amendment, although Miranda did not apply or was complied with? When does the Sixth Amendment attach? How is it violated? What are the precautions? The Sixth Amendment is complicated for both justices and law enforcement personnel, and so, it must be fully understood and enacted in order to protect the rights of the suspect and the rights of the law enforcement personnel.

The Sixth Amendment is very intricate. Often, a statement is inadmissible in court for the smallest of reasons, such as an officer forgetting to administer the Miranda rights to a suspect, or not getting a lawyer fast enough when a suspect becomes "the accused." A suspect should not be able to incriminate himself by compulsory questioning, and often this happened, and so, judges took on and defined the Sixth Amendment so suspects and police departments both had more rights. Even when Miranda is complied with, there are other situations that can hinder Sixth Amendment rights, such has having an attorney present, and not questioning a suspect until an attorney is present. In addition, even though Miranda has been correctly administered, law enforcement personnel can threaten, coerce, or frighten a suspect into self-incriminating themselves, and this would make the information inadmissible in court. Even if the suspect voluntarily gives information, if they have not specifically waived their rights, they cannot incriminate themselves, and the evidence will not stand. This is why law enforcement personnel must be completely aware of the Sixth Amendment and all its' implications.

The Sixth Amendment attaches when a suspect becomes "the accused," and formal charges have been initiated. In fact, the Supreme Court decided that "a person's Sixth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him" (Chapter 9). In addition, even if a suspect waives his Miranda rights, he still falls under the Sixth Amendment when he notes that he does want counsel, even after waiving that right earlier. The only exception is if the suspect actually requests to talk to officers, even after requesting an attorney.

The Amendment can be violated by a number of situations. For example, the suspect cannot waive his rights, but the police consider a waiver gives them the right to further interrogate the suspect. Alternatively, the suspect requests an attorney, and is still questioned before the attorney arrives, which violates the right to have an attorney present. Thus, the suspect has to voluntarily waive his right to counsel, or to questioning, and the waiver must be valid, or the Sixth Amendment will be violated. This applies also in other situations, such as "bugging, eavesdropping, or contact by an informant" (Chapter 9). These situations apply… [read more]


France Rural Society in Early Term Paper

… Indirectly there are other insights into the political nuances such as France's boarder disputes with Spain, conscription and even medical capabilities of the time as the subject of the story survives amputation and war.

Another insight is that we humans repeat history over and over. One example of this phenomena can demonstrated by how we in the twenty-first century fear being the victim of personality theft as was the case in Davis' story. I feel she did an excellent job of taking the historical facts and working them into the story and then modernizing the thought process so the story becomes timeless. Davis' thoughts and beliefs were created from historical fact and that made the plot enjoyable.

This type of work is very important in the sense that it makes learning history more interesting and enjoyable. Understanding that the legal system throughout history was a viable source for authors and historians never made it any easier to obtain facts or those facts easier to understand. Throughout history the victor held the pen. In other words, to the victor go the history books instead of the spoils. Davis, in her approach, simplified both the legal process, early modern French life and societal intricacies of peasantry even though the it was a world for the rich and they dictated historical entries.

Conclusion

In conclusion, the main purpose of this report was to first demonstrate my ability to understand and analyze historical works and secondly to compare how the authors Natalie Zemon Davis and George Huppert presented rural society of early modern day France. The report used comparison as a tool to show how the two authors emphasized similar features and traits of the rural society but each author made important distinctions in their works. The authors attempted to present their version of the characteristics of early modern French rural society members by writing about the essential traits of family life, peasantry and how those individuals could be affected by the legal system of the time. The report also honed in on Natalie Zemon Davis to see how convincing her case was in regard to rural life and what explicit evidence she used to bolster her argument. It was apparent that both authors were well read on the topic of rural society in early modern France and I provided my interpretation of how important a contribution these books make in our understanding of the lives of the poor in the early modern French society.

Works Cited

Davis, Natalie Zemon. "The Return of Martin Guerre" Add Journal or book publisher name (Add Year).

Huppert, George. "After the Black Death: A Social History of Early Modern Europe." Add Journal or book… [read more]


Ashcroft v. American Civil Liberties Term Paper

… Agreeing with Justice Breyer, but in a separate opinion, Justice Scalia stated:

"There is no doubt that the commercial pornography covered by COPA fits this description. The statute applies only to a person who, "as a regular course of such person's trade or business, with the objective of earning a profit," 47 U.S.C. § 231(e)(2)(B), and "with knowledge of the character of the material," §231(a)(1), communicates material that depicts certain specified sexual acts and that "is designed to appeal to, or is designed to pander to, the prurient interest," §231(e)(6)(A). Since this business could, consistent with the First Amendment, be banned entirely, COPA's lesser restrictions raise no constitutional concern" (Legal 2004).

The Court's decision to affirm the preliminary injunction and remand for trial allows both parties to update and supplement the factual record in order to reflect current technology (Legal 2004). Moreover, remand will allow the District Court to take account of a changed legal landscape because since the time that court made its fact-findings, "Congress has passed at least two further statues that might qualify as less restrictive alternatives to COPA: a prohibition on misleading domain names, and a statue creating a minors-safe 'dot-Kids' domain" (Legal 2004).

Given the evidence, the Court's decision seems to be fair and practical and will allow for trial and appeal processes. Moreover, the Court's endorsement of using filtering software seems a better alternative than those posed in COPA.

Work Cited

OLR Research Report. August 10, 2004.

http://www.cga.state.ct.us/2004/rpt/2004-R-0569.htm

Legal Information Institute. 2004.

http://supct.law.cornell.edu/supct/html/03-218.ZC.html

http://supct.law.cornell.edu/supct/html/03-218.ZD1.html

http://supct.law.cornell.edu/supct/html/03-218.ZD.html

http://supct.law.cornell.edu/supct/html/03-218.ZS.html

Supreme Court… [read more]


Universal Commercial Code Term Paper

… However, because Jeff had use of the automobile and was making payments on it, it is unlikely he will be awarded any of his money back. He has 'consumed' a certain amount of the car's useful life and, if anything, he had proceeded in a fraudulent manner. Had he not lost his job, however, it is unlikely he would have wanted to disaffirm the contract, and would have continued to pay for the car, so it is unlikely that he could be charged with fraud as there was no intent to defraud.

4. Grocery's rights under contract law are limited to securing the best outcome in the current circumstances. The reason for this is that "The idea of contract flexibility is embedded in general contract law theory....(which) leads to a preference for laws that provide background rules, playing a default or gap-filling function in a contract relationship. A default rule applies if the parties do not agree to the contrary" (Tasini, 1998). In the case of the Cereal/Grocery dispute, it is apparent that neither party can agree to what should be done. Further, in this case, Cereal actually could rely on the principle of commercial impracticability; it was not through its own fault that a flood damaged a great amount of its product. It would, therefore, be within its legal rights to cancel the contract altogether, or, if it saw fit, to substitute a different product for the one that was ruined in order to fulfill the terms of its contract. The fact that Grocery had requested a different shipment than originally contracted does not mean that Cereal was obligated to do so, especially as the exact components of each case to each store had been left to further discussion. By leaving it unspecified in the contract, however, it may be that Cereal does not even need to claim commercial impracticability. Under common law, it would have been up to Cereal to decide what products to ship to fulfill the contract in the first place. At the very least, Cereal does have a good claim to modify the number of boxes shipped under the commercial impracticability rule.

References

Commercial impracticability. Insurance CCH Web site. Retrieved 8 August 2004 at http://insurance.cch.com/rupps/commercial-impracticability.htm

Forum. Free Advice Web site. Retrieved 8 August 2004 at http://forum.freeadvice.com/showthread.php?s=f4bbb3a767a023c2e52ee4f4fbd776e3&p=682153#post682153

Mallor. (2003) Business law: The ethical, the global & ecommerce environment. New York: McGraw-Hill Companies.

Tasini, Jonathan. (1998) What planet are you on? The working lives of writers and the UCC2B. April. Retrieved 8 August 2004 at http://www.law.berkeley.edu/institutes/bclt/events/ucc2b/tasini.html [read more]


Buffalo Creek Disaster in February Term Paper

… At first, Stern started high, aiming for criminal charges to be filed against Pittston as well as claiming over $30 million in collective damages (punitive and psychological), and individual property claims. The figures were pulled out of the air in large part to the inability of anyone to place monetary values on personal possessions that hold more sentimental than material worth. For instance, in the chapter entitled "They Wasn't for Sale," one of the plaintiffs and victims of the disaster notes that the defendant cannot possibly attempt to place a value on a special tree that flanked his yard.

Calling the Buffalo Creek disaster an "act of God" was, according to Stern, "A public relations blunder," (11). That, along with a report issued by an ad hoc commission of inquiry into the incident by the state claiming Pittston was guilty of "flagrant disregard" placed public opinion squarely on the side of the plaintiffs. However, as Stern emphasizes, lawsuits cannot be tried in the press, and Stern did his utmost to remain ethical in his proceedings. He admits he was "a little nervous" when the case first began," as he had never encountered anything quite like it, but in the end succeeded due to sound legal strategy and patience. The case took years to be resolved and Stern went through numerous depositions as well as a number of failed settlement attempts.

Stern struggled with several pressing strategic questions throughout the case. For example, at first he had to decide who to sue exactly: the Buffalo Mining Company, owner of the dam itself, or Pittston, the sole shareholder in the Buffalo Mining Company and the real brain behind the disaster. Moreover, Stern had to choose whether to file in state or federal court; he wisely chose to sue Pittston in the federal court. The suit would entail having to "pierce the Buffalo Mining Company corporate veil," but the efforts proved worthwhile (51). A grand jury decided for Stern that no criminal charges would be filed.

The federal government did initially provide the survivors of the Buffalo Creek disaster with rent-free trailers, which though at first were appreciated, "soon felt like concentration camps," (48). Stern's efforts were all the survivors had in rebuilding their lives with dignity and in assuring that such a disaster would not happen in the future. The lawyer's personal impressions and compassion for the people of Logan County are remarkable, given the difficult nature of such a trial. The author speaks about the specifics of the case: about the various stages in its developments, of setbacks such as Pittston's ability to refute the use of several "absent plaintiffs." However, most of the case was a series of boons for the plaintiffs, who succeeded in securing sufficient financial compensation for their hardships. Readers unfamiliar with legal terminology need not be frightened by The Buffalo… [read more]


Status Offenders Throughout Modern History Term Paper

… Eventually the juvenile system could not meet the original goals of rehabilitation; there were just too many youths. Treatment moved to group settings such as juvenile facilities (O'Connor & Treat, 1996). Individual treatment became sporadic or completely absent. This resulted in a juvenile system that often gave out lesser sentences for crimes that would have been dealt with more severely had the person commiting the crime been an adult (O'Connor & Treat, 1996).

As the system got bogged down under its own weight, the actual ability of the courts to act as parens patriae diminished. The courts could no longer act as counselor or therapist, and locking up a youth in a juvenile facility for sexual activity or for truancy from school made no sense, was expensive, and often was counter-productive. At the same time, rulings by the Supreme Court required due process rights fo juveniles, such as the right to have a parent present while being questioned, the right to an attorney if charged, and other legal protections given to adults (O'Connor & Treat, 1996). One unanticipated result of this was that the standards in juvenile courts became tied to the standards for adult criminal court. The juvenile courts were now far less parens patriae and much more a second legal system for younger offenders.

Today, the juvenile court system is mostly a milder version of the adult criminal court system (Feld, 1997). The youth who appear before it typically are charged with serious crimes, and status offenses are no longer treated as a reason for the courts to intervene. Some municipalities have passed law to codify some behaviors as illegal. For instance, where in the past, youth could be brought before a judge because a parent or police officer felt the person was out too late with no good reason, today many municipalities have legally-enforced curfews. In such municipalities, youth charged with curfew violation have broken a specific law and have specific standing in that regard when they go to court. Likewise, most municipalities have laws regarding truancy, although when a youth is found to be truant, it may be the parents who are judged in violation, as many municipalities view it as the parents' responsibility to make sure their children attend school.

One place where the policy of parens patriae still applies is in the foster care program. When parents are deemed unfit to raise their children, the court can step in, remove the children from that home and place them in a foster home. However, this takes place through some sort of family court, and the parents of the children are deemed responsible for any lack of care. parens patriae applies in family court, where the court can order counseling or other therapy for a youth in need.

Thus, juvenile court is no longer an institution designed to protect youths from a more punitive adult system, nor as a vehicle for social change. Due to court rulings and changes in society view of court roles, status… [read more]


Media Coverage of Trials Term Paper

… In spite of these rules, we have seen media frenzies over such cases as O.J. Simpson and currently, Scott Peterson, on trial for the murder of his wife and unborn son.

Some experts give lawyers advice for revealing information to the press, such as "Be careful about language. Any blatant, snooty, or insulting remarks may backfire and result in adverse litigation publicity" (Staff writers, 2000).

Perhaps what is needed is stricter adherence to the 1983 rules based on judgments of what the likely impact of statements would be. If the media reports that rags found in Peterson's home may have been used to clean up blood, that statement could reasonably be interpreted as strongly suggesting guilt. We may not need more rules, but closer adherence to the ones already in existence.

Bibliography

Bruschke, Jon, and Loges, Willam E. 1999. "Relationship Between Pretrial Publicity and Trial Outcomes." Journal of Communication, Vol. 49.

Dixon, Travis L., and Linz, Daniel. 2002. "Television News, Prejudicial Pretrial Publicity and the Depiction of Race." Journal of Broadcasting & Electronic Media, Vol. 46.

Lassiter, Christo. 1996. "TV or Not TV - That Is the Question." Journal of Criminal Law and Criminology, Vol. 86.

Staff writers. 2000.… [read more]


Media Coverage of the Scott Term Paper

… " (June 1, 2004) CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/01/peterson.trial/index.html

8.Spilbor, Joanna. (June 11, 2004) Why doubt over Scott Peterson's guilt seems more reasonable. CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2003/LAW/06/11/findlaw.analysis.spilbor.peterson/index.html

9."Stepsister describes last sighting of Laci Peterson."(June 7, 2004) CNN.com. Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/03/peterson.trial/index.html

10.Suspicions from different stories Laci Peterson relative recalls conflicting tales from husband (June 10, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/09/peterson.trial.ap/index.html

11.Ryan, Harriet. (June 10, 2004) "Dread of fatherhood could be Peterson's motive, witnesses suggest." CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/10/peterson.case/index.html

12."Prosecutors ask jurors to use common sense to convict Scott Peterson: Trial over slain pregnant wife begins." (June 2, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/01/peterson.trial.ap/index.html

13."Peterson attorney Mark Geragos lives in limelight." (May 31, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/05/31/peterson.geragos.ap/index.html

14."Peterson prosecutor shies from cameras. (May 31, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/05/31/peterson.distaso.ap/index.html

15."Victim's clothing key in Peterson case." (June 4, 2004) CNN.com Retrieved on June 15, 2004 at http://www.cnn.com/2004/LAW/06/04/peterson.trial.ap/index.html [read more]


Distinguish Between the Jurisdiction Term Paper

… This court reviews trial-court decisions and correct what it considers to be legal errors. The district courts hear most federal cases, and most decisions by them are not appealed to a higher court. Other special U.S. Courts include Claims Court, Court of International Trade, and the Court of Military Appeals.

Each individual state has its own court system which are largely independent of federal court supervision. In each state, the trial courts are at the bottom level and the appellate courts are the top. Each state decides how to select its own justices. Some states prefer short appointments, or the merit plan, and others use general elections. More than 95% of the nation's legal cases are decided in state courts, and it is a myth that the federal judiciary is the most significant part of the judicial system. Cases may be appealed to the Federal courts if they are of a national or constitutional matter.

Bibliography

Chapter 14 Outline.

Deaton, John. "Lesson Three: Relationship of State Courts to Federal Courts." Northland Pioneer College. http://www.northland.cc.az.us/Pos221/Content/module03/m3_l03.htm

Knowledge & Information Services. "State-Federal Relations: Frequently Asked Questions." The National Center for State Courts. January 5, 2004. http://www.ncsconline.org/WC/FAQs/KIS_StaFedFAQ.pdf [read more]


Clarence Thomas and Special Interest Term Paper

… Since the leaks happened just two days before the Senate was scheduled to vote on the nominee, they appeared to be politically motivated, specifically timed to derail the nomination. The leaks caused the Senate to delay their confirmation vote for… [read more]


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