...Symbiosis Law School, Pune (Constituent Symbiosis International Deemed University) Accredited by NAAC( UGC) with grade ‘A’ Post graduate department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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...federal, state and local law enforcement agencies face is following the correct procedure. Procedural Criminal Law are specific rules and laws that govern how criminal laws administered. It sets forth a standard in how situations are to be handled from the investigation stage of a crime, down to the arrest, trial, and the sentencing of the defendant. Due Process also falls under this category, as this is a process that must be followed before a person can be legally deprived of their life, liberty, or property. Due process is a characteristic of law that requires the state and its officers to respect any and all rights that are owed to an individual. Then there is Equal Protection, which is a provision in the law that states that all people should be treated fairly and equally with respect to the practice dealt with by the law (pg.37). The roles of the federal, state, and local court systems with respect to the public safety and civil rights all basically boil down to being the guardians of civil...
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...Defending Justice Douglas’s Dissent of Terry v. Ohio Defending Justice Douglas’s Dissent of Terry v. Ohio Terry v. Ohio is a landmark supreme court case that started on October 31st, 1963, in Cleveland, Ohio, when police officer Martin McFadden observed three men engaging in suspicious behavior. At first, two men, John W. Terry and Richard Chilton, were taking turns pacing up and down Euclid Avenue, stopping to peer into a storefront, then congregating at the street corner. Later, a third party (Katz), met the two at the corner then left abruptly after brief conversation. Officer McFadden then confronted the three men, searched their outer garments under the suspicion of criminal intent, and found a pistol on Terry and another on Chilton. Terry’s defense argued the gun found on Terry was inadmissible in court as evidence, stating that his 4th Amendment right to protection from unreasonable search and seizures was violated. The court denied the defendants' motion on the ground that Officer McFadden, on the basis of his experience, "had reasonable cause to believe . . . that the defendants were conducting themselves suspiciously, and some interrogation should be made of their action." Purely for his own protection, the court held, the officer had the right to pat down the outer clothing of these men, who he had reasonable cause to believe might be armed. The Supreme Court of Ohio dismissed their appeal on the ground that no “substantial constitutional question” was involved...
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...States, the duty of the law enforcement is to uphold public safety, first and foremost, by reducing the amount of crime in the environment. To achieve this responsibility worldwide, police officers have to partake in many roles. Several of those roles are conflicting roles, depending on the method of the organization, some accentuated over others. All police departments, no matter the location or size, have goals set up. These goals set forth a sense of purpose and direction. The primary goals of policing are the prevention of crime and protection of life, to uphold and enforce the law, to combat public fear of crime, to promote community safety, to control traffic, to encourage respect for the law, to protect the civil rights and liberties of individuals. These goals are important because they help to mode organization in a police department. The five responsibilities of police officers are to enforce the law as instructed, arrest offenders in a safe manner, prevent crime, preserve the peace, and provide law enforcement services. These responsibilities go hand- in- hand, helping to maintain and control order in society. In order for a police department to carry out goals that have been put in place, there must be operational strategies. These strategies serve a useful purpose in officers’ day -to -day...
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... bluntreality@gmail.com Abstract This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious manner, and that they should be dealt with accordingly. Table of Contents Abstract……………………………………………………………. ……………………2 Table of Contents………………………………………………………………………....3 Title……………………………………………………………………………………….4 Part I. Statement of the Problem………………………………………………………….4 Part II. Flawed Judicial System………………………………………………………….4...
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...Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Abstract The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties...
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...Discriminatory Melissa Goolsarran Table of Contents I. Introduction 1 II. Perspective: Immigration, Discrimination, and Limitations on State Laws 3 III. Background: United States v. Arizona 9 A. S.B. 1070 and the Legislature’s Justification 10 B. The Decision: United States v. Arizona 18 IV. Analysis: S.B. 1070 is Preempted by Federal Immigration Law and Also Discriminatory 23 A. The Ninth Circuit Court of Appeals Correctly found that S.B. 1070 is Preempted Because it Interferes with the Administration and Enforcement of Federal Immigration Laws 24 B. S.B. 1070 Discriminates on the Basis of Race or National Origin 32 V. Comment and Conclusion: Effects of the Arizona Law 36 I. Introduction The Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) has been the subject of many debates for both its potential impact on federal immigration laws and discrimination against citizens and legal residents of Hispanic origin. The Arizona State Legislature passed S.B. 1070 to reduce the continuous rise in the number of illegal immigrants and alleged consequent rise in crime rates in the state. Among other provisions, the law requires officers to check a person's immigration status, criminalizes an alien’s failure to comply with federal registration laws and working without authorization, and authorizes warrantless arrests where there is probable cause to believe that the alien is removable. President Barak Obama, vehemently opposed to the bill, said...
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...CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major International Conventions / Instruments on Torture 30 6.1.1. International Covenant on Civil and Political Rights, 1986 30 6.1.2. The Torture Convention, 1984 30 6.1.3. The Optional Protocol 31 6.1.4. The Committee against Torture 32 6.1.5. The Convention on the Rights of the Child, 1987 32 6.1.6. Declaration on the Elimination of Violence against Women, 1993 33 6.1.7. Rome...
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...The Patriot Act: A Constitutional Analysis Andrew Mills University of Memphis Abstract “The USA Patriot Act, enacted seven weeks after the September 11 attacks, granted the federal government sweeping new powers to expand surveillance, curtail financing, and deport aliens in connection with terrorist activity” (Stanford, 2003). This quote embodies the reasons for the heated controversy surrounding the Patriot Act. Whether one discusses the brief period of time leading up to the signing of the Patriot Act or the numerous provisions that resulted from the passing of this bill, individuals will likely have clashing viewpoints. The vast majority of the controversies surrounding the act involves whether or not it falls in line with the U.S. Constitution. Opponents of the act argue that it should have never passed through Congress due to its unconstitutionality. Those who support the Patriot Act often use its success in fighting terrorist threats as a reason to maintain it. After analyzing the bill and its provisions, its successes were made apparent, as well as its unconstitutionality. The Patriot Act: A Constitutional Analysis The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, commonly known as the USA Patriot Act (USAPA), was signed into law during one of the most distressing periods in American history. Its hasty introduction spawned controversy across a variety of political spectrums. Concerns regarding...
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...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis...
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...U.S. Department of Homeland Security Chris Cabral National American University Abstract The primary mission of the Homeland Security Act is to prevent terrorist attacks within the United States, reduce the vulnerability of the United States to terrorism, and minimize damage and assist in recovery for terrorist attacks that occur in the United States. The U.S Department of Homeland Security was established after the 9/11 attacks to counter terrorist activities against the United States. Homeland security is officially defined by the National Strategy for Homeland Security as "a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage and recover from attacks that do occur”. The major objective of the Patriot Act is “to deter and punish terrorist acts in the United States and around the world to enhance law enforcement investigatory tools" by dramatically reducing restrictions pertaining to law enforcement requests to search telephone records, e-mail communication, and health records. The Patriot Act allows for the emergency disclosure of electronic communications to protect life and broadens the definition of terrorism to include acts of domestic terrorism. Under the Foreign Intelligence Surveillance Act, the Patriot Act allows the director of the Federal Bureau of Investigation or a designee of the director to apply for an order requiring the "production of any tangible things (including...
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...“American Violet” Critical Analysis Ashley ReBarker SOCI 3025 Dr. Sitawa Kimuna The “American Violet” sparks up a lot of issues that we see today in our society. These issues are very important as they deal with equality among our citizens but they may often be overlooked. The issue I am going to discuss in this critical analysis is Racial Prejudice in the Criminal Justice System. Racial prejudice happens every day and may never completely end, but one would think that it would not take place in a professional, uniform place such as the Criminal Justice System. After watching this movie, I have been taken back by the actions of the people in charge of this system. The 14th Amendment states that “ no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; no shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S Constitution). The individuals in this film were not treated equally compared to the whites in this town and this was the result of racial prejudice. Dee, the main character of the movie, is a mom to four kids in a small town in Texas. The movie starts out with the SWAT team/policemen raiding the “projects” where Dee lives. At this time Dee is at work at a local café where they eventually find her at and arrest right on the spot. Not once do they tell her what she is being arrested...
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...Krystle Barrows Habeas Corpus Final Paper American National Government (GSI1326K) Instructor Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the...
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