o end the development of Due Process and move the United States in to the era we can classify as the Due Process Revolution.
After the Warren Court applied the Fourteenth amendment to the states, the Due Process revolution began. The legal climate was changed in the overturning of several key cases. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments would all play key roles in the revolution along with the concept of Restorative vs. Redistributive Justice.
The Due Process Revolution was officially launched with the overturning of the case Plessy vs. Ferguson(1896) by the case of Brown vs. the Board of Education of Topeka in 1954. This case when put through judicial review by the Warren Court (1953-1969), declared that separate was not equal and that everyone must be incorporated together in all aspects, such as seating, public facilities, etc. The ideals that came from this case would also launch the Civil Rights Act of 1964, which states, “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.”
The next step in the revolution was the case of the Silverthorne Lumber Company vs. United States. This case added to Due Process the idea of the “Fruit of the Poisoned Tree,” which specified that is evidence is taken illegally, then the evidence may not be used in a court of law. In this case, police broke into the lumber company and stole tax records that proved that the company was guilty of tax evasion. However the 1920 case ruled it inconclusional based on not enough evidence due to the fact that the records were not taken into consideration. The Fourth amendment also played a part in the case of Mapp vs. Ohio (1961) which overturned Wolf vs. Colorado(1949), by saying that the Fourth amendment Exclusionary Rule from the case Weeks vs. US (1914) was now applicable to the states individually. This was possible through the Due Process Clause of the Fourteenth amendment.
The Fifth amendment was also a significant factor in the Due Process revolution. The double jeopardy clause, the idea that you cannot be tried twice for the same crime was applied to the states in 1969 in the case of Benton vs. Maryland. This case overturned the previous case of Palko vs. Connecticut (1937) where Palko was retried on a case where he was sentenced to prison and the second time he was tried for the same crime he was sentenced to death. The case of Escebedo vs. Illinois(1964) also elaborated on the Fifth amendment, saying that once you move from investigating to accusing a person, a lawyer must be present for the proper defense and interpretation. Miranda vs. Arizona (1966) also developed during this period adding onto the Fifth amendment that you must be read your “Miranda Rights” when taken into custody.
The Sixth amendment was revolutionized with the cases of Gideon vs. Wainright (1963), and several juvenile court procedings. The sixth amendment changed the courtroom and due process by giving Americans the right to counsel. This gave anyone charged with a crime proper defense of their rights because many people were not able to defend themselves, not knowing the court system. In class the movie Gideon’s Trumpets showed the revolution of right to counsel when he was not able to defend himself in court and convicted due entirely that fact. His wrote to the Supreme Court who tried his case and gave him proper counsel to defend himself. Several court cases also changed the Sixth amendment to apply to juveniles convicted of crimes. They included Kent vs. US( 1966), In re Gault (1967), In re Winship (1970), Breed vs, Jones (1975), and Illinois vs. Montenez (1996), which held that a “concerned adult” must accompany a child on trial.
The Eighth amendment was revolutionized with the case of Robinson vs. California (1962), which applied the Eighth amendment, the right against cruel and unusual punishment to the states. The case of Avery vs. Johnson also affected the Eighth amendment in 1968 when it declared “jailhouse lawyers legal, absent other legal resources.” The case of Wolff vs. McDonnell (1974) reversed the case Ruffin vs. Commonwealth of (1871), which made prisoners slaves of the state, and gave the prisoners new Constitutional protections, especially against cruel and unusual punishment. There was also great debate over whether the Eighth amendment supported Restorative or Redistributive Justice. These two types of justice focused on different aspects of criminals. Restorative focused activities and punishment on the consequences of the crime towards the public and individuals, while Redistributive focused on the offenders past behavior. The ideas of probation and parole were also questioned in the revolution within the Eighth amendment. The case of Morrisey vs. Brewer (1972) was the landmark defining the specifications of parole, and the case Gagnon vs. Scarpelli in 1973 set forth the standards for probation. The final adaptations to the Eighth amendment were about inmate conditions, it included Holt vs. Sarver which discussed “shocking the conscience,” Pell vs. Procunier (1974) which dealt with the legal base of prisoner’s rights, capital punishment cases Furman vs. Georgia in 1972 and Gregg vs. Georgia in 1976.
The Fourteenth amendment began the Due Process Revolution and would conclude the revolution leading to the aftermath. The Fourteenth amendment gave the courts after Warren, Burger and Rehnquist the ability to again change the cases and ideal that ruled the amendments. Their more conservative interpretations created controversy in the way that amendments now affected citizens as opposed to their “old” meanings.
During the Warren Court, there was the idea of, the development of, and the enforcement of Due Process. However, then came the aftermath, the Burger and Rehnquist courts, both of which were not happy with the previous work of the Warren Court. The many efforts of Warren and his supporters were not liked, even despised by Burger and Rehnquist, and they made valiant efforts to modify and overturn many of his landmarks.
The main points prevalent in the Burger Court affecting the Warren Courts previous decisions were the Good Faith Exceptions to the Exclusionary Rule. The Burger Court lasted from 1969 to 1986. The Good Faith Exceptions modified the ideas of the 4th Amendment upon the Courts basis that, “If a Law Enforcement Officer has acted in objective good faith, or their transgressions have been minor; the magnitude of the benefit conferred on such guilty defendants offends basic concepts of the criminal justice system.” These ideas sprang from the case of U.S. vs. Leon in 1984 where from surveillance of Leon talking to a confidant, police found probable caus 上一页 [1] [2] [3] [4] [5] [6] 下一页
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