...Supreme Court Case Happy Villa May 19, 2014 Loanan Ase In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people will explain how a person technical error can cause such harm mentally, physically, and finically on a single family. Sources, Purposes, and Jurisdictions Robert and Marian Tolan are mother and son that is suing a former officer by the name of Jeffrey Wayne Cotton for using deadly force against an unarm innocent man. Cotton was indicted in May 2009. According to "Find Law" (2014), “Sergeant Cotton and Officer Edwards violated Robbie and Marian Tolan's right to freedom from excessive force (under Fourth Amendment, incorporated in Fourteenth); and both Officers acted in furtherance of a City of Bellaire official policy of racial profiling and discrimination.” The purpose of the Tolans taking their case to the Supreme Courts was “because no genuine...
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...Supporters of affirmative action fear that the Supreme Court could curtail or further restrict the use of race-conscious admissions policies at public universities. On Wednesday, all eyes will be on Justice Anthony Kennedy, whose vote is considered pivotal in the case brought by a white Texan who has sued the University of Texas at Austin, claiming that she was denied admission to the school in 2008 because of her race. Abigail Fisher, who has since graduated from Louisiana State University, said she was subject to unequal treatment in violation of the 14th Amendment. "I was taught from the time I was a little girl that any kind of discrimination was wrong, and for an institution of higher learning to act this way makes no sense to me," Fisher said in an interview clip posted on the website of the Project on Fair Representation, a legal defense foundation that's providing her with legal representation. On the other side are lawyers for the University of Texas, who argue that, like many other universities, UT seeks to assemble a class that is diverse in innumerable ways -- including race -- and that "race is just one of many characteristics that form the mosaic presented by an applicant's file." More than 90 friend of the court briefs have been filed in the case, with the Obama administration weighing in favor of the university. Others, who support Fisher, argue that diversity can be achieved through race-neutral programs, and that race-preferential admissions policies can...
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...Panetti v Quarterman Facts of the Case September 8, 1992 Scott Panetti shaved off his hair, put on his military fatigues (he had served briefly in the Navy), and proceeded to drive to the home of his wife’s parents house. His wife had very recently left him because he was abusive not only to her and their young daughter, but also heavily abused alcohol. He entered the home by breaking into a sliding glass door. While his wife begged him to stop, he pointed his rifle at her mother; shooting and killing her in front of his wife and 3 year old daughter. He proceeded to then shoot her father, again, in front of her and her child. Blood spattered onto their 3 year old daughter. He shot his parents-in-law at extremely close range. After killing Amanda and Joe Alvarado, he took his wife and daughter to the place he had been living and held them captive through the night. The next morning he let them go without any harm. Several hours after releasing them he put on a dress suit and drove to the Giuseppe police station where he turned himself in for the murders. While at the station he explained to the police that an auditory hallucination named Sarge was in control during the murders. He also referenced his act was of divine intervention, therefore his victims did not suffer during their deaths. Scott Panetti had a long history of mental illness. There was a report filed when he served in the Navy in regards to his mental health dating back to 1975. The prior 6 years before the shooting...
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...U.S. Supreme Court Case CJA/354 Criminal Law The Supreme Court of the United States is the Nation’s highest court, and was established on 4, March 1789; the court is made up of a Chief Justice and five Associated Justices. From the time the United States established the Supreme Court there has been 112 Justices of the court, including 17 Chief Justices ("United States Senate Committee on the Judiciary ", n.d.). Over the years the United States Supreme Court has heard cases brought on by one state against another, between state and federal government known as “original jurisdiction” actions, cases from state courts, and cases brought up of reviewable decisions made in federal appellate or district courts ("Supreme Court Historical Society ", n.d.). The case being used for this paper has two separate cases involved, but I will only be using one as a reference. The two cases in which were brought to the United States Supreme Court together are very similar and involve teens being given life sentences without the possibility of parole for committing murder. The United States Supreme Courts case number is 10-9646, Miller v. Alabama. This case was brought to the United States Supreme Court on 20, March 2012, involving two fourteen year old boys, whom were found guilty of murder in two separate cases, and also from two separate states, one being Alabama and the other being that of Arkansas. With in each of these cases one of the boys did the killing and...
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...In the 1950s, the court found itself more and more concerned with the constitutional rights of the individual. Freedom of speech and other civil liberty issues were repeatedly brought before the court during this period of concern. Similarly, Congressional interrogation practices, state sedition laws, and other questionable methods used by the authorities in uncovering Communists in and out of government came under careful inspections near the end of the decade. The court's willingness to hold the constitutional guarantees of free speech and due process as above the alleged needs of internal security brought strong criticism from conservative jurists and led to attempts in Congress to curb the court's jurisdiction. In considering who makes the best argument concerning the role of the Supreme Court in interpreting the constitution, Justice Brennans view makes the best argument. His speech about the text and teaching symposium is one of the best arguments. He states that The Declaration, Constitution, and the Bill of Rights...
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...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security Administration...
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...1. Who says what a corporation can tell its consumers? Where are the boundaries when it comes to government interfering with free enterprise? Do we let corporations do and tell us what they want? These are all questions regarding the use of commercial speech and its restrictions within the first amendment. In an advertisement seen on page (213) in the text, we can see an ad for an electric corset for women that stated that it kept them healthy warded off disease. In a court case in December of 1961 the FTC issued a cease and desist order against Colgate-Palmolive company charging for 3 television ads saying they were “false and deceptive”(216). Eventually after the case went to the supreme court in 1963 they ruled in favor of the FTC which...
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...Alabama Legislative Black Caucus v. Alabama case, the lower courts decided that the redistricting conducted by the Republicans after the 2010 census was not motivated by racial gerrymandering, but instead was the result of being in compliance with the law. The Republicans, at the time, had increased the African American population in already predominantly African American districts, which had upset people because they believed that it was racial gerrymandering. The basis of the argument against opponents revolved around the idea of “one person, one vote.” Coupled with this equality that has been ingrained into society is the Voting Right Acts, more specifically Section Five, which stated that when redistricting, the same number of majority-minority districts was to be maintained along with the...
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...I chose Frank Murphy primarily for his Supreme Court cases and his involvement with the United States government. Furthermore, he served in World War I and was known as an advocate for individual and Civil rights, which is ironic by his stance in the case of Korematsu v. United States in 1944. He became the mayor of Detroit in 1930 and guided the city through the Great Depression, as well as nominated by President Roosevelt in 1940 to serve on the Supreme Court. Additionally, in the cases of Korematsu v. United States and Wolf v. Colorado individual rights were questioned. I chose Korematsu v. United States because it dealt with the concern of individual rights versus national security. For the majority, it was constitutional to protect a whole...
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...POLS 3300: Exam 1 Name: Konner Mattison Be sure to specifically answer all questions asked, cite the *best* (most relevant) Supreme Court case (plural, only if asked), and explain the Court’s decision as it applies to the hypothetical situation. Students should use only the cases discussed in-depth (a.k.a. listed in the table of contents) in the most recent edition of your textbook. Two part questions must be answered separately! 1.) President George Washington the Fourth (a grand-nephew of the first President Washington, six times removed) signed a bill passed by Congress which abolished “The Fed” (the Federal Reserve System). Washington had argued against the system because he said it “promoted inequality by helping concentrate power in the hands of the capitalist elite”. Although agreeing with Washington in principle, a lawsuit was brought by Ichabod Crane, the governor of New York, challenging the dissolution because several years before New York had passed a law requiring The Fed to pay the state a fee equal to 1% of its average currency reserves. If the banking system was abolished New York would lose a valuable revenue stream. MCCULLOCH V MARYLAND Question 1A (15 points): Is the abolition of the Federal Reserve constitutional? Yes, the abolition of the Federal Reserve is constitutional. This is constitutional because he President George Washington the Forth has the...
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...Brianne Houston W2 Assignment: Supreme Court Cases On June7, 1892, Homer Plessy an octoroon, a half white and black man bought a ticket on the East Louisiana railroad in New Orleans hat was bound for Covington, LA. He sat in a “whites only” car and refused to sit in the black car even though he could pass for a white man. Plessy was subsequently arrested and jailed for violating the 1890 Separate Car Act. He was convicted and sentences to pay a $25 fine. The ruling was upheld by the Supreme Court based on the 14th amendment, seeing no way in which the Louisiana statue violated it. The Plessy decision set the precedent that “separate” facilities for blacks and whites were constituional as long as they were ”equal”. Brown v Board of Education, the plaintiff Brown assessed that this system of racial separation of black and white Americans provided inferior accommodations, services, and treatments of black students. Thirteen parents of 20 children of Topeka, Kansas sued the school district to reverse its policy on racial segregation. Brown v Board of Education was a landmark US Supreme Court case in which the court declared the state laws established separate public schools for black and white students was unconstiutional on May 17, 1954. This decision also overturned the Plessy v Ferguson decision of 1896. These verdicts are relevant today because segregation isn’t an issue in this day and age as well as school is no longer separated...
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...A. The Court Lacks Subject-Matter Jurisdiction Because Plaintiff Has No Standing To Assert His Claim. The Supreme Court test of standing stated above on its second prong indicates that “there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly ... trace[able] to the challenged action of the defendant, and not... th[e] result [of] the independent action of some third party not before the court.” This means that plaintiff must demonstrate that the injury is fairly traceable to the defendant’s unlawful conduct. The question becomes whether the causal connection between action and injury is sufficient to confer standing. Here, Defendant TS Watches has no meaningful connection to the case...
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...Andrea Montes Marbury vs. Madison (1803) Throughout this paper you will understand the original crime and why this issue is being appealed. Also there will be an explanation on how the Supreme Court justified the verdict. Towards the end you will find out the result of this court case and my opinion on whether it was fair for either Marbury or Madison. To start it off this case mainly focuses on how there was a unconstitutional move or act during the process. And it explains who and what Marbury and Madison did in this case. President John Adams lost his reelection against Thomas Jefferson, a Republican. Federalist lost control of congress before the new President (jefferson) and Congress took office, although , President John Adams and his Federalist Party still had control over congress. President John Adams signed forty-two justices of the peace and sixteen new circuit court justices under the Organic Act, an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. Commissions are supposed to be turned in before the...
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...Marbury v. Madison is a landmark United States Supreme Court decision which established the practice of judicial review under Article 3 of the Constitution. This all began during the eve of the the end of President John Adams term. Before Adams would retired, he took part in the "organic act" which sought to get as many Federalists as possible in the federal court system before Republican Thomas Jefferson took power. William Marbury was one member who was appointed as a Justice of the Peace for the District of Columbia. His appointment was valid for it was signed by President Adams and sealed by Secretary of State, John Marshall, but President Jefferson refused to send it. Marbury fully expected to receive his commission and when it wasn't delivered, Marbury went straight to the Supreme Court to issues a writ of mandamus. The Supreme Court was now placed in a tight corner. If they didn't issued the mandamus, no justice would be served and if they did issue the mandamus, President Jefferson threatened to impeach Chief Justice Marshall and power would be lost from the judiciary branch....
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...The Marbury v. Madison case is a Supreme Court case from 1803 that challenged judicial review by the courts regarding acts of congress, specifically, the appointment of federal judges by John Adams after losing the election in 1800 to Thomas Jefferson and congressional approval of the appointments before the newly elected president and the judges could be sworn into office. Another largely known case from the 1800’s is the McCulloch v. Maryland case of 1819. Which was a supreme court case that challenged a states right to tax a congressionally established bank and if the congress has the authority to establish a bank of the United States. In the 1803 Supreme Court case of Marbury v. Madison, the principle of Judicial Review was first introduced and the Supreme...
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