Sunday, January 15, 2012

Test of a Man

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Test of a man


The test of a man is the fight that he makes, the grit that he dailey shows the way he stands upon his feet and takes lifes numerous blows, a coward can smile when theres nots to fear, but it takes a man to stand and cheer while the other fellow sits and stare, it isnt the victory after all but the fight that a brother makes a man when driven against the wall still stands erect and takes the blows of fate with his head held high bleeding bruised and pail, is the man who will win fate defied because he isnt afraid to fail.


Hurtado vs. California


Facts


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The state of California constitution charged a felony to Hurtado strictly based upon information. Hurtado was prosecuted and convicted for murder by the district attorney of California. The defendant then argued that such a conviction goes against the Due Process Clause of the 14th amendment which requires a grand jury investigation.


Legal Question (s) and Answer


(1) Can a person be held to answer for a capital, or otherwise infamous crime? No


() May a state enforce any law that can jeopardize the privileges of citizens of the United States? No


Opinion of the Court (by Chief Justice SHAW)


The fundamental laws of the states that were first introduced into the Constitution to regulate the powers of the state now limit the government. They are now added for the security of individuals against oppression by the states themselves. Such institutions include grand juries. This allows the accusers of such crimes fair treatment so that they may not be harassed under the due process of law.


Rule of Law (“Precedent Statement”)


The argument was overruled by the Supreme Court and the acknowledgement was granted that the state of California did not violate any due process rules.


Palko vs. Connecticut


Facts


Palko was indicted in Connecticut for the charge of murder in the first degree. The jury then found him guilty of murder in the second degree and sentenced him to life imprisonment. In the second trial more evidence was submitted and the verdict of the first degree murder was returned to Palko instead of life imprisonment, therefore he was then sentenced to death again. Palko then appealed the court under the fact that his rights were being violated under the due process clause of the 14th amendment. The 14th amendment clearly states that double jeopardy can not happen in a court of law.


Legal Question (s) and Answer


(1) Is the appellant, by the new trial and subsequent sentence to death, deprived of due process under the Fourteenth Amendment? No


Opinion of the Court (by Chief Justice Black)


The legislative history of the 14th Amendment shows that it was intended to make all the Bill of Rights applicable to all the states. Not to have some objective flexible test of necessary to liberty and fundamental test decide what is right and wrong. This natural law test violates the Constitution in that it gives the courts, at the expense of the legislatures, ultimate power over public powers in fields where no specific constitutional provision provides such power. Therefore it should be abandoned. But liberty is important and one can see how it can be taken for granted and even though you may be right and the other side is wrong, I will have to take whatever is offered to me in order to survive.


Adamson vs. California


Facts


The appellant, Adamson, who is a citizen of the United States, was convicted by a court of law of murder in the first degree. Adamson was told not to testify by his prosecutor, which was in accordance with the state of California. The appellant, who has been involved in prior convictions, has the right to either speak upon his convictions or not too, withholding the information so that it may not affect his outcome from the case at hand. Adamson quickly brought up the Fifth Amendment which says that no person shall be made in a criminal case to be a witness against himself.


Legal Question (s) and Answer


Is a defendants Fifth Amendment right not to bear witness against himself applicable in state courts and protected by the 14th Amendments due process clause? Yes


Opinion of the Court (by Chief Justice Reed)


The court argues that the 14th Amendment did not extend carte blanche all the immunities and privileges of the first 10 Amendments to individuals at the state levels. After so much time spent on arguing whether or not this was a correct way of going about making a decision, the court investigated the 14th Amendment’s history. Also, an argument for the absolute and complete application of the Bill of Rights to the states was recommended. After declaring that state and national citizenship co- exist in the same person, the Fourteenth Amendment forbids a state from abridging the privileges and immunities of citizens of the United States. As a matter of words, this leaves a state free to abridge, within the limits of the due process clause, the privileges and immunities flowing from state citizenship. The court did share that they gave less attention to the 14th Amendment than those that actually had a hand in writing it.








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