In other words, the rule of law, as practiced by most state governments, is heavily biased against persons living in poverty. These fees exist in spite of Supreme Court jurisprudence that states a person who makes a reasonable effort to pay court assessed fees cannot be automatically jailed if they fail in this task (Bearden v. Georgia, 1983)
Federal Judiciary On Wednesday morning, right before the Supreme Court justices were about to begin their day, Justice Kennedy put a 24-hour hold on a Ninth Circuit Court mandate nullifying same sex marriage bans in the states of Nevada and Idaho (Denniston, 2014)
I cannot imagine improving on this process, except to make changes that would speed confirmation. The vetting of candidates seems critical, but the nomination and confirmation process is heavily politicized (Levy, 2014)
The temporary stay on the Ninth Circuit's ruling is to allow ban opponents to present their side of the issue. This ruling surprised everyone because last year the Supreme Court ruled Section 3 of the Defense of Marriage Act (DOMA) unconstitutional because it violated the equal protection clause of the Fifth Amendment (United States v. Windsor, 2013)
In the modern age, mainly due to anti-terrorism enforcement, US lawmakers and courts have changed the scope of police surveillance authority. As a result, a new privacy paradigm has emerged where police power to gather information in criminal investigations has expanded (Bloss, 2009)
Law enforcement officers are also capable of passively pinging an individual's smartphone. Dialing the phone number assigned to that particular phone and quickly hanging up will passively ping the phone; the phone will not ring, but it will transmit its location to a nearby cell tower which allows officers can create a digital trail of "bread crumbs" that will reveal both historic and real-time location data for smartphones (McNichol, 2013)
Frye rule has a significant weakness of failing to address situations that involves novel, new, or unique scientific evidence. Except when there is sufficient scientific principle that the expert's testimony is based upon, there should be a rejection of the expert testimony under Frye, (Jack B. Weinstein, 1986)
United States." The rule has been somehow refined and even to certain level replaced and instead "the expert evidence trilogy" applied (Paul C. Giannelli, 1980)
However, this focus on rehabilitation in no way negates the serious nature of the offenses at hand. Prior to sentencing and beyond their release, juveniles are not only classified according to type of offense, but they are also tracked according to the nature of offenses committed across years (Champion, 2007, p
Instead, the judge alone decides whether or not the juvenile has broken the law, and additionally decides what the punishment will be. While the adult court system has long functioned as an establishment for bringing justice and upholding legal standards during criminal proceedings, the juvenile court system was born from the notion that children and teenagers are essentially different from adults "both in terms of level of responsibility and potential for rehabilitation" (Siegel and Tracy, 2008, p
First, children and adults are not housed in the same units and the amount of punitive punishment in the adult system is much more severe and the jails certainly match that. The amount of punishment in terms of years and money is entirely different as well, with a much higher focus on rehabilitation and repair with the juvenile courts as compared to a much higher focus on punishment, monetary or jail sentence-related, with the adult courts (Bishop, 2010)(LegalMatch, 2013)
Implication of Increasing Use of Waivers and Remanding Juveniles to Adult Court for Processing for Youthful Offenders A judicial waiver involves the juvenile court judge transferring a case from juvenile court to adult court "in order to deny the juvenile the protections that juvenile jurisdiction provide." (Fagan and Zimring, nd, p
When the delinquent acts are very serious, they may be considered crimes and the juvenile tried in the adult system." (LeMance, 2013, p
Strong empirical evidence exists to show that retrospective self-reports frequently do not match the presentation of objective facts (Wells & Quinlivan, 2009). Retrospective self-reports have been shown to be quite malleable and people are not skilled at identifying which factors influence their self-reports (Nisbett and Wilson, 1977)
Reliability of Eyewitness Information What are some dynamics that impact the reliability of eyewitness information? The Manson case presents a limited framework from the enormous corpus of eyewitness identification literature, thereby resulting in its common use for exploration of and discussion about eyewitness reliability issues (Wells & Quinlivan, 2009)
The current literature states how juveniles get transferred to adult courts to be tried as adults. "Blended Sentencing, occurs in approximately half the states, both juveniles and criminal courts are allowed to impose a juvenile or adult sanctions on certain juveniles (usually dependent on ages of juveniles and crime charged) (Bartol, 2011, pp
Competence to stand trial was recognized by the United States Supreme Court in "Dusky v. United States (1960), the test must be whether he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as a factual understanding of proceedings against him" (Cooper, 1997, pp
Families as well as the communities and the government must look for ways to incorporate methods on handling and raising children to promote a healthier and safe environment. As Ojo wrote: Schools must incorporate teachings on Juvenile Delinquency in their curricula and provide good counseling departments and ready assistance to the less privileged students; the communities in the country should be encourage to provide recreational facilities for the youths and encourage the youths to join social clubs and associations and that the governments should train and equip the Police, Court and Reformatory Homes to handle the Juvenile Justice system in such a way that it will meet the international standards (Ojo, 2012, pp
In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. (Doebbler, 2006)
Contemporary scientific knowledge shows that use of narcotics often produces a psychological and physiological reaction known as an acute brain syndrome, which is a "basic mental condition characteristic of diffuse impairment of brain tissue function." The characteristic symptoms of the syndrome are impairment of orientation; impairment of memory; impairment of all intellectual functions including comprehension, calculation, knowledge and learning; impairment of judgment; and liability and shallowness of affect (Hansford vs. USA; No. 19436., 1996) Whilst the narcotic addict is on trial, he may be on withdrawal form narcotics