...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...|1 |Lejla Isic |Case: Rochin v. California, 342 U.S. 165 (1952) page 37 of the Textbook | |2 |Sara Mirkovic |Case:U.S. v. Armstrong, 517 U.S. 456 (1996) page 42 of the Textbook | |3 |Nderim Ferati |Case: Katz v. U.S., 389 U.S. 347 (1967) page 55 of the Textbook | |4 |Amra Džafić |Case: U.S. v. White, 401 U.S. 745 (1971) page 62 of the Textbook | |5 |Valentina Cenaj |Case: Kyllo v. U.S., 533 U.S. 27 (2001) page 65 of the Textbook | |6 |Dajana Grgić |Case: Illinois v. Caballes, 543 U.S. 405 (2005) page 69 of the Textbook | |7 |Refik Čavčic |Case: California v. Hodari D., 499 U.S. 621 (1991) page 76 of the Textbook | |8 |Drilona Cenaj |Case: Terry v. Ohio, 392 U.S. 1 (1968) page 89 of the Textbook | |9 |Sejla Karic |Case: Adams v. Williams, 407 U.S. 143 (1972) page 85 of the Textbook | |10 |Naid Avdic |Case: Illinois v. Wardlow, 528 U.S. 119 (2000) page 103 of the Textbook | |11 |Tugce Melek |Case: Hiibel v. Sixth JDC of Nevada, Humboldt County et al., 542 U.S. 177 (2004) page 114 | | | |of the Textbook ...
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...1. What is Computer Forensics? System forensics is the process of systematically examining computer media as well as network components, software, and memory for evidence. System forensics involves collecting, preserving, analyzing, and documenting evidence to reconstruct user activities. Appropriately collected evidence is often presented in court to solve criminal cases and prosecute criminals. 2. How has technology improved the way criminal investigators perform their job? Technology improved the way criminal investigators perform their jobs by making it easier to track things, there is different types of software out there today to help them with these issues, and make the jobs easier, when you have different technology to help. 3. Why would a company report or not report a compromise case? The reason a company may or may not report a compromise because if it’s not in their favor and they may report it if it’s in their favor and vice versa. They wouldn’t want to look incompetent. 4. Who is in charge of labeling and securing sensitive information? The one in charge of labeling and securing sensitive information is the forensic specialist. 5. What is the Daubert standard? The Daubert Standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. 6. Why would someone use a hex editor in a forensic investigation? The reason someone would use a hex editor in a forensic investigation...
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...TABLE OF AUTHORITIES PAGES: UNITES STATES SUPREME COURT CASES Adams v. United States ex rel. McCann, 317 U.S. 269 (1942) ARIZONA V. FULMINANTE, 499 U.X. AT 310-311 (1992) Brecht V. Abrahamson, 507 U.S. 619, 629-630 (19930 CARTER V. ILLINOIS, 329 U.S. 173, 174-175 (1946) CLEBURN TEXAS V. CLEBURNE LIVING CENTER, 473 U.S. 432, 439 (1985) COLUMBUS BOARD OF EDUCATION V. PENICK, 443 U.S. 449 (1979) DAVIS V. UNITED STATES, 417 U.S. 333 (1974) DENT V. WEST VIRGINIA, 129 U.S. 114, 123 (1889) DESHANEY V. WINNEBAGO DEPARTMENT OF SOCIAL SERVICES 489 U.S. 189, 195, 196 (1989) FARETTA V. CALIFORNIA 422 U.S. 806, 819-821 (1975) FAY V. NOIA, 372 U.S. 391 (1963) FIORE V. WHITE 521 U.S. 225, 228-220 (2001) (PER CURIAM) HARRIS V. MCRAE, 448 U.X. 297, 317-318 (1980) TABLE OF AUTHORITIES PAGES: IN RE WINSHIP 397 U.S. 358, 364 (1970) (EMPHASIS ADDED) JACKSON V. VIRGINIA 443 U.S. 307, 309 (1979) KOLENDER V. LAWSON, 461 U.S. 352, 357 (1983) MCKASKLE V. WIGGINS 465 U.S. 168, 177 N. 8 (1984) ROBINSON V. NEIL, 409 U.S. 505, 509 (1975) SCHLESINGER V. COUNCILMAN, 420 U.S. 738, 755 (1975) SHELLY V. KRAEMER, 334 U.S. 1, 22 (1948) STRAUDER V. WEST VIRGINIA, 100 U.S. 303 (1879) STRICKLAND V. WASHINGTON, 466 U.S. 668 (1984) THORNBURGH V. AMERICAN COLLEGE OF OBSTERICIANS AND CYNECOLOGISTS, 476 U.X. 747, 791 (1986) (WHITE, J. JOINED BY REHNQUIST DISSENTING) UNITED STATE V. CRONIC...
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...Criminal Law Case List Gideon v. Wainwright, 372 U.S. 335 (1963) Argersinger v. Hamlin, 407 U.S. 25 (1972) Carmell v. Texas, 529 U.S. 513 (2000) City of Houston, v. Hill, 482 U.S. 451 (1987) Miles v. United States, 101 U.S. 304 (1880) Miller v. Florida, 482 U.S. 423 (1963) RAV v. City of St. Paul, 505 U.S. 377 (1992) Abbate v. United States, 359 U.S. 187 (1959) Frisbie v. Collins, 342 U.S. 519 (1952) Hudson, v. United States, 522 U.S. 93 (1997) Petite v. United States, 361 U.S. 529 (1960) Waller v. Florida, 397 U.S. (1970) Robinson v. California, 370 U.S. 660 (1962) Smith v. United States, 508 U.S. 223 (1993) Atwater v. City of Lago Vista, 532 U.S. 318 (2001) Carella v. Claifornia, 491 U.S. 263 (1989) Liparota v. United States, 471 U.S. 419 (1985) Jacobsen v. United States, 503 U.S. 540 (1991) Medina v. California, 505 U.S. 437 (1992) Powell v. Texas, 392 U.S. 514 (1967) United States v. Bailey, 444 U.S. 394 (1979) Wisconsin v. Mitchell, 508 U.S. 476 (1993) Enmund v. Florida, 458 U.S. 782 (1982) Vacco v. Quill, 521 U.S. 793 (1997) Washington, et al. v. Glucksberg, 521 U.S. 702 (1997) Albers v. California, 354 U.S. 476 (1957) Doe v. Bolton, 410 U.S. 179 (1973) Heller v. New York, 413 U.S. 483 (1973) Kansas v. Crane, 534 U.S. 407 (2002) Kansas v. Hendricks, 521 U..S. 346 (1997) Kaplan v. California, 419 U.S. 915 (1974) Lawrence v. Texas, 539 U.S. 558 (2003) Miller v. California, 413 U.S. 15 (1973) Paris Adult Theater v. Slayton, 413 U.S. 49 (1973) ...
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...According to The March of Dimes Global Report on Birth Defects, every year an estimated 8 million children – 6% of total births worldwide – are born with a serious handicap. Of these 8 million children, at least 3.3 million children younger than 5 years of age die annually because of their handicap condition (CITE). Those children who do end up surviving will most likely be mentally and/or physically disabled for the rest of their life. With at least two handicapped newborns being born everyday, the healthcare industry is constantly faced with decisions regarding what the correct ethical treatment options should be for handicapped newborns. Whether or not treatment regimens should even be administered to handicapped newborns has caused a great deal of controversy in our society, and has ultimately come down to two different options: Should there be a law that makes it illegal to withhold treatment from handicapped newborns? Or should the decision of treatment be up to the parents and/or physicians? Since the number of handicapped newborns being born into the United States is only going to increase, this is definitely an ethical topic that needs to be addressed by both the public and lawmakers. Withholding treatment from handicapped newborns has been an ongoing issue since 1973, when the first phase of this ethical controversy occurred. Dr. Raymond Duff and Dr. Ian Campbell, physicians in the newborn intensive care unit at Yale-New Haven Hospital, decided to let the public...
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...object is binding when it’s made after the object has already been found by another person. Applicable Law In Oregon Supreme Court ruling MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), the court has sided with the finder of a lost pocketbook and demanded that the rightful owner pays a reward to the finder, after the pocketbook has been returned. The owner claimed that the pocketbook was found before the rewards has been announced, and that the finder delayed returning to pocketbook. “To entitle plaintiff to a reward for finding a lost pocketbook, it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the return of the book.” MacFarlane, 2. The court decided that it was irrelevant when the offer for reward was made, as the reward is for returning the item to the rightful owner and not for merely finding it. The Oregon Supreme Court has also ruled in Watts v. Ward, 1 Ore. 86, 88 (Or. 1854), that the finder has a right to hold onto the lost property until a reward promised to him or her is actually paid. “ Where a reward is offered for lost property, the finder, when he complies with the terms of the offer, has a right to retain the property in his hands until the promised reward is paid to him.” Watts, 4. Application to our Case In our case, Alan has found an...
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...Review & Summary: The article that I am reviewing is “ The Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with...
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...high-impact and priority programs and projects using savings and unprogrammed funds. DAP also enabled the government to introduce greater speed, efficiency, and effectiveness in budget execution. DAP was introduced when the Aquino Administration assumed office in 2010, it unearthed systemic inefficiencies in public spending. These included poorly-designed and questionable projects that need to be cancelled; the prevalence of lump sum funds; implementation bottlenecks; among others. Unfortunately, its efforts to plug leakages and reform the budget execution process had the effect of slowing down spending. From January to September of 2011, government disbursements shrank by 7.3 percent year-on-year. Underspending was most severe in the case of infrastructure, which slumped by 51.3 percent. These, alongside the global economic slowdown, pulled down gross domestic product (GDP) growth to 3.6 percent in the first three quarters of 2011, from 7.6 percent in 2010. Clearly, the government could not have afforded to nothing. The DAP tapped the power of the president over a) the use of savings to augment deficient programs and projects; and b) the use of unprogrammed funds. * Savings are available portions or balances of items under the General Appropriations Act (GAA) which result from: a) the completion or final discontinuance or abandonment of a program, activity,...
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...Mills v. District of Columbia Mills v. District of Columbia is a case involving parents in Washington, D.C., who filed a suit against the public school system requesting that access to public schools be provided for their children with mental retardation. The parents won their suit, and this helped expand the ruling to include all students with disabilities. Mills court also made it impossible for schools to claim fiscal inability as an excuse. This case was later strengthened by the US Supreme Court decisions like Goss v. Lopecad and Honig v. Doe. This case is important to the field of special education because, it helped pave the way for enactment of a major new act named “Individuals with Disabilities Education Act” (IDEA). This gave students with disabilities what they needed to help them reach their full potential. Special education services were now being made available, such as interpreters, or assistants. This difference helps students fit in with their peers, and helps them feel like they aren’t different. In addition, allows them to attend public schools and be put in classes that fit them and their education level. This case continues to impact the world. Many schools try to get away with not budgeting so much towards these programs, however, the courts have ruled that they have to. No matter what the excuse is anymore, schools have to find the resources and make them available for all the students. Because all students should be treated equal, no matter...
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...Case Study Analysis – Connecticut v. Teal (1982) HRM/552—Organizational Training and Development Case Summary The case of Connecticut vs. Teal is a part of landmark Supreme Court cases that were heard in the 1980s. Black employees that worked for the State of Connecticut were promoted to supervisors with a provision that for their promotion to become permanent, they would have to pass a written examination. There were 48 black candidates and 259 white candidates that took the written examination. A little over half of the black candidates that took the examination passed, however the black employees that did not pass were excluded from the remaining selection process to become permanent supervisors (Connecticut v. Teal, 1982). These employees filed lawsuit against the State of Connecticut in Federal District Court alleging that, “petitioners had violated Title VII of the Civil Rights Act of 1964 by requiring, as an absolute condition for consideration for promotion, that applicants pass a written test that disproportionately excluded blacks and was not job related (Connecticut v. Teal, 1982). Prior to the case going to trial, the petitioners promoted 22.9% of the black candidates and 13.5% of the white candidates from the eligibility list. Due to these promotions, the employer felt that by applying the bottom line concepts, the black employees had been more favorably promoted. The District Court sided with the employer and ruled that the “bottom line” percentages were...
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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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...as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State, 1997 ...
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...Facilitate the Testimony of Children BOOK 4 Video-recorded Evidence by Alison Cunningham and Pamela Hurley The opinions expressed herein are those of the authors and do not necessarily reflect those of the Department of Justice Canada or the Government of Canada. Alison Cunningham, M.A.(Crim.) Director of Research & Planning Centre for Children & Families in the Justice System Pamela Hurley, M.Ed. Director, Child Witness Project Centre for Children & Families in the Justice System Download copies of all seven handbooks in the series at: www.lfcc.on.ca Disponible également en français sous le titre « Un récit complet et franc » / Recours à des arrangements spéciaux et aux aides au témoignage pour faciliter le témoignage des enfants : Enregistrement vidéo. © 2007 Centre for Children and Families in the Justice System (London Family Court Clinic, Inc.) Library and Archives Canada Cataloguing in Publication Cunningham, Alison J., 1959A full and candid account : using special accommodations and testimonial aids to facilitate the testimony of children / by Alison Cunningham and Pamela Hurley. Includes bibliographical references. Contents: book 1. Overview of issues related to child testimony – book 2. Testimony outside the courtroom – book 3. Witness screens – book 4. Video-recorded evidence – book 5. Designated support person – book 6. Hearsay evidence and children – book 7. Children & teenagers testifying in domestic violence cases. Text in English and French, on inverted pages...
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...Munoz October 4, 2013 MACU Stanley Balch Page 174 Case 6.1 Snyder v. Phelps 1. The Court holds that the picketing pertained to a matter of “Public concern” because members of the Westboro church basically attacked this funeral. Family members were grieving the loss of their son, their soldier that was killed in Iraq, giving his own life for his country. And the members of this church were throwing verbal attacks, not counting with all the signs they took showing how they hate soldiers because of the homosexuality existing in the service, not having idea that it was the case for this deceased soldier. The fact here is that this was a public matter, because it interrupted the community peace and those are subjects that society (public) are concern in every day basis. 2. A captive audience is a group of people who listen or to watch someone or something because they cannot leave. 3. Because he could not agree with the Court and what the Court rely on. Westboro Church caused this father great pain and the Court denies him for what he suffered. Westboro Church was addressing public issues, but that is different than attacking a person when they are in pain for the loss of a son. He was a victim of their attack. Page 178 Case 6.2 Brown v. Entertainment merchants Association 1. The issue before the Court was the sale of certain violent video games to children without parent’s permission. These video games have violence; killing, and pornography, enemies with...
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