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Free research papers and essays on topics related to: justice brennan

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  • Capital Punishment - 712 words
    Capital Punishment Capital Punishment Capital punishment is defined in the Encarta Encyclopedia as the legal infliction of the death penalty. The death penalty is currently used as punishment for crimes of murder. The State of Florida supports capital punishment and carries it out by electric chair execution. According to The Death Row Fact Sheet published by the Florida Department of Corrections, 44 people have been executed since 1976 and another 372 inmates are currently on death row in Florida. Thesis. Deterrence defined as. By the Encarta Encyclopedia. Under this concept, the individual committing the crime and society are prevented from committing this action again. In the case of the ...
    Related: capital punishment, punishment, new orleans, death row, prisoners
  • Capital Punishment - 1,231 words
    Capital Punishment There are five basic reasons that society uses when imposing punishment that I've been able to conclude from my readings. I will discuss these societal concepts and show that the death penalty does not serve to further them. As a result William Smith should not be subject to the death penalty and in fact the same should be abolished from our system of punishment. Deterrence Deterrence is basically defined as the punishment should fit the crime. Under this concept, the individual committing the crime and society are prevented from committing this action again. In the case of the death penalty, an individual kills another human and he is punished for it by death. Punishment ...
    Related: capital punishment, punishment, ultimate punishment, social issues, death row
  • Death Penalty Is Cruel - 897 words
    Death Penalty Is Cruel At the onset of this assignment, I believed that capital punishment was wrong for many reasons. At the conclusion of this assignment, I believe even more strongly that the death penalty is wrong, and have come upon more reasons for my belief. It is extremely difficult, however, to find case law that endorses the abolishment of capital punishment, since capital punishment has not been yet overturned. From a legal point of view, the best argument against capital punishment is that it constitutes cruel and unusual punishment in violation of the Eight and Fourteenth amendments to the Constitution. Most people would agree with the statement that the Constitution, and the am ...
    Related: cruel, death penalty, death row, penalty, more effective
  • Flag Desecration - 3,221 words
    ... hese organizations petitioned Congress to reintroduce the Flag Protection Amendment. Since the ratification of the Constitution in 1789, some 10,000 attempts have been made to amend it. They have included ideas such as eliminating the Senate, and renaming the country the United States of Earth. But never in the nations history has anyone tried to amend the Bill of Rights. (Relin 18) To do so would be a dramatic step in that it could pave the way for further future limitations on our constitutional freedoms. For an amendment to the Constitution to be made, The house and the Senate have to propose (each by 2/3 vote) exactly the same text before the amendment is open for ratification by the ...
    Related: american flag, flag, flag burning, university press, justice department
  • In The 1971 Supreme Court Case Of Furman V Georgia, The Constitutionality Of The - 1,071 words
    In the 1971 Supreme court case of Furman V. Georgia, the constitutionality of the death penalty was challenged. The majority opinion held that although the way it was being applied was unconstitutional the death penalty itself was constitutional. They held it unconstitutional because since it was applied arbitrarily and with apparent racial and economic bias it was cruel and unusual. In Weems v. United states (1910) the Supreme Court held that a punishment could be considered cruel and unusual if it is excessive. In Dulles v. Trop the court held that "the basic concept underlying the 8th amendment is nothing less than the dignity of man." According to the court if a punishment denies someone ...
    Related: constitutionality, court case, furman, supreme court, human dignity
  • New York Association Of Adult Entertainment Establishments - 1,591 words
    New York Association Of Adult Entertainment Establishments New York Association of Adult Entertainment Establishments (NYAEE) causes to act in a legal suit against the Department of City Planning. Background and Facts. In this dispute, the Adult Establishment has been restricted in the city of New York, Manhattan, Queens, Brooklyn, Bronx, and Staten Island: I. Adult establishments, new and old are barred from certain districts that are zoned for manufacturing and commercial use but also permit residential development. II. Adult establishments must locate 500 feet from schools, houses of worship, day care centers. III. No more than one adult establishment in a zoning area. IV. Adult establish ...
    Related: adult, entertainment, entertainment industry, york city, york department
  • Privacy: Katz Vs United States - 1,155 words
    Privacy: Katz Vs. United States Katz V. The United States The petitioner Mr. Katz was arrested for illegal gambling, he had been gambling over a public phone. The FBI attached an electronic recorder onto the outside of the public phone booth. The state courts claimed this to be legal because the recording device was on the outside of the phone and the FBI never entered the booth. The Supreme Court Ruled in the favor of Katz. They stated that the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches. The Fourth Amendment written in 1791 states, The right of the people to be secure in their persons, houses, papers, and effects, agains ...
    Related: katz, works cited, york macmillan, legal issues, describing
  • Protection Of The Commercial Use Of Free Speech - 664 words
    Protection Of The Commercial Use Of Free Speech "If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea morally offensive or disagreeable." It is because I believe these words by Justice Brennan, I stand for the negation of today's resolution, that "When they Conflict, Respect for....... Cultural Sensitivity Ought To Be Valued Above Commercial Use of Free Speech." My value for today's debate is that of Free expression, which I will define as the freedom to express our thoughts, ideas, and beliefs, freely and openly, without restraint. My criteria is the degree to which free speech ...
    Related: commercial, free society, free speech, freedom of speech, ku klux klan
  • Pundits And Editorial Writers Pounced On Newt Gingrich - 1,113 words
    Pundits and editorial writers pounced on Newt Gingrich when he suggested, soon after the election, that Republicans in the House would take up a school prayer amendment after acting on the agenda outlined in the Contract With America. Most insisted the proposal was a major political blunder. But then most of them had previously decried the contract itself as a major political blunder, sure to lose votes for Republican candidates. The school prayer amendment is an excellent idea, but an ambitious version of the proposal, one that tries to remove most or all current restrictions on state legislatures and local school boards, might not secure adoption by the required three-quarters of the state ...
    Related: editorial, gingrich, newt gingrich, justice brennan, equal rights
  • The Effects Of Race On Sentencing In Capital Punishment Cases - 1,099 words
    The Effects of Race on Sentencing in Capital Punishment Cases Sam Houston State University, Huntsville CJ 478W-Introduction To Methods Of Research The Effects of Race on Sentencing in Capital Punishment Cases Throughout history, minorities have been ill-represented in the criminal justice system, particularly in cases where the possible outcome is death. In early America, blacks were lynched for the slightest violation of informal laws and many of these killings occured without any type of due process. As the judicial system has matured, minorities have found better representation but it is not completely unbiased. In the past twenty years strict controls have been implemented but the system ...
    Related: capital punishment, punishment, sentencing, total population, racial bias
  • The Strengths And Weaknesses Of The American Political System - 1,363 words
    ... ced the reapportionment revolution in guaranteeing equal voting rights in 1962, he extended the exclusionary rule to the states in 1961, and in 1966, he sharply police interrogations of criminal suspects (O'Brien). These rulings gave him a mark in history as one of the great chief justices (O'Brien. Another Chief Justice included in this article is Burger who on the other hand proved to be a considerable disappointment for conservatives (O'Brien). Although he was a devoted Republican he, often times, voted on the liberal side. He was a friend of Warren who had an intrigue for court management. But his personality and prevented him from being decisive, and he was incapable of compromising ...
    Related: american, american people, american political, american politics, party system, political issues, political parties
  • The Supreme Court Of The United States - 1,023 words
    ... estraint "may be lurking in these cases and would have been flushed had they been properly considered in the trial courts, free from the unwarranted deadlaw) Justice Harlan still had many questions which he wanted answered and woul d have sent this case back to the lower courts for further hearings, during whic h time he would have continued the temporary restraining order on the publicatio n of these materials to remain in effect. Harlan said "he could not believe that the doctrine prohibiting prior restraints reaches to the point of preventing co urts from maintaining the status quo long enough to act responsibly in matters o f such national importance." (Findlaw) The Supreme Court dec ...
    Related: court case, court decision, federal court, state court, supreme court, york state
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