11 Jul 2022

51

Land and international Law

Format: APA

Academic level: High School

Paper type: Essay (Any Type)

Words: 826

Pages: 3

Downloads: 0

Tennessee v. Garner supreme court summary 

The case was about the use of deadly force by the law enforcers. It is a civil case that the supreme court ruled that under the fourth amendment law office may not use deadly force in pursuance of escaping suspects unless there is a sign that the posse danger to the officer. An officer is accused of using deadly force on an unarmed burglary suspect, the officer short Garner even after realizing that he was unarmed. 

The impact of the decision on the criminal justice field 

The Supreme Court affirmed the decision by the court of appeal. According to the majority, the officer is prohibited to use deadly force unless it is for preventing the suspect from fleeing or the suspect's posse's threat to the police officers. In their ruling, They termed the Tennessee statute as unconstitutional for allowing deadly force on a suspect. The case was an important guide to the courts and law enforcement where the court needs to look at the circumstances in totality when reviewing fourth amendment areas. The case related to the Fourth Amendment law ( Friedman, 2013) 

It’s time to jumpstart your paper!

Delegate your assignment to our experts and they will do the rest.

Get custom essay

Gideon V. Wainwright 

Gideon was accused and charged for committing a felony offense. In the case, Gideon believes that his right to have an attorney has been contravened. The court on its side believes that he can have and maintain an attorney for himself. They stated that attorney can only be appointed to the poor individual; hence court declined the request. 

Court decision 

Gideon appealed the decision by the federal court at the United State Supreme court arguing his Sixth Amendment rights have been contravened. The Supreme Court assigned him a counsel, and in their decision, they were in favour with Gideon pleas. In the ruling, the court of appeal stated that assistance of counsel as desired by the defendant was a fundamental right that would ensure a fair trial and due process irrespective of the circumstance of the case. The impact of the two decisions has since made the court to adopt a rule that does not require case-by-case analysis but acknowledge appointment of counsel as a matter of right without having the defendant show his ability to maintain one on their own. The case related to the Fourth Amendment on the right of the accused to have an attorney. 

Miranda v. Arizona 

This is the case where the Supreme Court overruled the conviction of Ernesto Miranda for kidnapping and rape charges. The overruling was because the accused had not been informed of his legal right before confessing. He was not aware that heat liberty to request for an attorney or remain silent during the questioning. In this case, the court stated that accused must be informed of their right to have an attorney and that what they say can be used in the court of law. This should be done prior to police questioning to avoid self-incrimination. 

The impact of the decision on the criminal justice field 

This Supreme Court ruling ruled that defendant stated to the authorities cannot be admitted unless the defendant has the information of their rights to be represented by an attorney during the question. They should be informed that anything they say may be used against them in the court of law. The case relates to the Fifth Amendment that requires law enforcers to advice suspect being interrogated of their right to remain silent and have an attorney to represent them. 

Mapp V Ohio 

In this case, Police officer failed in the initial entry attempt of gaining entry to Miss Mapp house and came back with a purported search warrant. They forcibly entered the houses, conducted a search where they discovered obscene materials. Miss Mapp was later tried and convicted for these materials. The court ruled in favour of Miss Mapp, arguing that the evidence that had been unlawfully seized could not be used in a criminal prosecution in state courts. 

The impact of the decision on the criminal justice field 

The case has been termed as a significant one in the criminal justice field. The supreme court stated that evidence obtained in violation of the fourth amendment protecting unreasonable searched and seizure cannot be used in state courts from criminal prosecution. The case related to the fourth amendment. 

Katz V. United States 

In this case, Charles was convicted from a recording by the FBI from a conversation he made in a public phone. In his defense, Kutz believes that by FBI recording him, they contravened his rights according to the fourth amendment rights. However, the court ruled in favour of the FBI citing that there was no physical intrusion into phone booth itself. 

Court decision and significance to the criminal justice field 

The court was in agreement that Katz was entitled to his right to conversations protection based on the fourth amendment law. They also stated that there was the great importance of aligning the amendment with physical intrusion into the area that accused is occupying ( Maclin, 2013) . The decision by the court was, therefore, a milestone in stating that the Fourth Amendment is about protection of people and not places. The case relates to the fourth amendment right of protection. 

References 

In Vile, J. R., & In Hudson, D. L. (2013).  Encyclopedia of the Fourth Amendment . Thousand Oaks, Calif: CQ Press. 

Maclin, T. (2013).  The Supreme Court and the Fourth Amendment's exclusionary rule . Oxford: Oxford University Press. 

Friedman, B. (2013).  The will of the people: How public opinion has influenced the supreme court and shaped the meaning of the constitution . New York: Farrar, Straus and Giroux. 

Illustration
Cite this page

Select style:

Reference

StudyBounty. (2023, September 16). Land and international Law.
https://studybounty.com/land-and-international-law-essay

illustration

Related essays

We post free essay examples for college on a regular basis. Stay in the know!

Cruel and Unusual Punishments

Since the beginning of society, human behaviour has remained to be explained by the social forces that take control. Be it negative or positive, the significance of social forces extend to explain the behaviour of...

Words: 1329

Pages: 5

Views: 104

Serial Killers Phenomena: The Predisposing Factors

CHAPTER 1: INTRODUCTION _Background information _ Ronald and Stephen Holmes in their article _Contemporary Perspective on Serial Murder_ define a serial killer as anyone who murders more than 3 people in a span...

Words: 3648

Pages: 14

Views: 442

Patent Protection Problem

A patent offers inventors the right for a limited period to prevent other people from using or sharing an invention without their authorization. When a patent right is granted to inventors, they are given a limited...

Words: 1707

Pages: 6

Views: 275

General Aspects of Nonprofit Organizations

Nonprofit organizations are prone to the long and tedious legal process of start-up as compared to their for-profit organizations. However, there are similar rules that govern the startup and the existence of both...

Words: 294

Pages: 1

Views: 73

Contract Performance, Breach, and Remedies: Contract Discharge

1\. State whether you conclude the Amended Warehouse Lease is enforceable by Guettinger, or alternatively, whether the Amended Warehouse Lease is null and void, and Smith, therefore, does not have to pay the full...

Words: 291

Pages: 1

Views: 134

US Customs Border Control

Introduction The United States Border Patrol is the federal security law enforcement agency with the task to protect America from illegal immigrants, terrorism and the weapons of mass destruction from entering...

Words: 1371

Pages: 7

Views: 118

illustration

Running out of time?

Entrust your assignment to proficient writers and receive TOP-quality paper before the deadline is over.

Illustration