Resource Book for Probation and Parole Revocation Hearings
... number of days for which sentence credit is to be granted, which finding shall be included in
the judgment of conviction. In the case of revocation of probation, extended supervision or
parole, the department, if the hearing is waived, or the Division of Hearings and Appeals in
the Department of Adm ...
... nature of the property, a process embodied in the public forum
doctrine. 17 In applying the public forum doctrine, courts balance
the government's interest in preserving its property for the public's
use' 8 against individual citizens' free speech interests.' 9 Specifiregulation by state and local g ...
Incorporation of the Establishment Clause Against the States: A
... Incorporation of the Establishment Clause against the states through the
Fourteenth Amendment is logically and textually impossible—so say most
academics, a few lower-court judges, and a Supreme Court Justice. They maintain
that because the Clause was originally understood as a structural limitation ...
no competing theory of constitutional interpretation justifies
... parcel into discrete segments and attempt to determine whether rights in a particular
segment have been entirely abrogated.” Penn Cent. Transp. Co. v. City of New York, 438
U.S. 104, 130-31 (1978). Background principles refer to state common law, such as
nuisance, that precludes the proposed activit ...
Denied and Disparaged: The Future of the Ninth Amendment
... if the idea was already expressed in the “powers” language of the Tenth. Furthermore,
combining the Ninth Amendment with the Tenth would leave the Ninth without a function. 8
Finally, if rights begin where powers end, then an enumerated right could never come into
conflict with an enumerated power. ...
Revitalizing the Quiet Ninth Amendment
... component of the Due Process Clause. 32 A Connecticut statute
preventing the use of contraceptive devices and preventing medical
advice related to using those devices was not substantively addressed
by the Court in Poe v. Ullman. 33 The Court dismissed the plaintiff's
declaratory judgment action bec ...
Charles Fried - Harvard Law School
... no right to do it then Maryland says they can tax however they want. Marshall
Disposes of it by saying Congress can decide the most efficient means of
executing their given powers within very broad “propriety” boundaries.
a. In the Articles of the Confederations does not give federal government the
Rape Victim Shield Laws and the Sixth Amendment
... rules in light of the sixth amendment rights of a defendant to confront the witnesses against him and to produce witnesses in his
favor. An analysis of laws affecting criminal defendants must be
approached not from the standpoint of the victim, but from the
standpoint of the accused. Whatever indign ...
- bepress Legal Repository
... federalist declaration of the Tenth Amendment.11 Thus, the contemporary debate
regarding the Ninth has proceeded without either side feeling obligated to
construct a judicially enforceable theory of the entire text.
In fact, taking the entire text of the Ninth Amendment seriously leads to some
SC10-1790 Complainant, v. CARLTON PIERCE, Respondent
... from a person’s complete knowledge in reference to the issues upon which are
commented. The judiciary, like any other branch of government, is not immune
from comment or criticism. The proscription of an attorney’s speech appears to
limit statements that are known to be false or made with reckless d ...
the risen subpoena, the executive branch, and the reporter`s privilege
In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First
Amendment to the United States Constitution conferred on journalists a right to quash grand jury
subpoenas issued by the government. The Court held in a five-to-four opinion that it did not.
Yet, in 2011, ...
Taking Liberties with the First Amendment: Congress, Section 5, and
... the Guaranty Clause 7 and asked, rhetorically, "why a guaranty of
religious freedom was not included." Iredell answered his own question: "Had Congress undertaken to guaranty religious freedom, or
any particular species of it, they would then have had a pretence to
interfere in a subject they have n ...
What is Eleventh Amendment Immunity?
... judicial power of a government being coextensive with its legislative may be ranked among the number."
THE F'EDERAUST No. 80, at 476 (Alexander Hamilton) (Clinton Rossiter ed., 1961). In Osborn v. Bank of
the United States, 22 U.S. (9 Wheat.) 738 (1824), Chief Justice Marshall wrote for the Court th ...
Free Speech and the Right of Entry Into the United States
... participate in as contemplated by the first amendment. New York Times v. Sullivan,
376 U.S. 254, 270 (1964); see also Procunier v. Martinez, 416 U.S. 396, 408-09
(1974) (emphasizing that censoring prisoners' mail violates the first amendment guarantee of freedom of speech); Red Lion Broadcasting v. ...
08-1521 McDonald v. Chicago (06/28/2010)
... Court explained that the only rights due process protected against
state infringement were those “of such a nature that they are in
cluded in the conception of due process of law.” Ibid. Third, some
cases during this era “can be seen as having asked . . . if a civilized
system could be imagined that ...
the modern first amendment and copyright law
... settled that the first ten amendments to the Constitution, commonly known
as the Bill of Rights, were not intended to lay down any novel principles of
government, but simply to embody certain guaranties and immunities
which we had inherited from our English ancestors.” In the 1907 case
Patterson v. ...
Legal Remedies to Address Discrimination Against People Who Are
... ordinance violated homeless individuals' constitutional right to be free from cruel and unusual
punishment. The judge explained,
It was once a crime to be a drug addict in California, but that statute was held
unconstitutional by the United States Supreme Court because it punished an individual
Fourth Amendment Limitations on Probation and Parole Supervision
... parole revocation proceedings,0 this conflict has been avoided in most
cases." Where a released offender is actually prosecuted for a crime
committed while he is still on probation or parole, however, he may
have a fourth amendment claim. Courts have generally agreed that
he is entitled to some degr ...
Property Rights in the Balance
... societal demands. The Court's analysis of disputes involving property
rights is but one variant of an analytical framework common to all conflicts between the immediate public interest, as determined by the legislature, and the enduring public interest in protecting certain spheres of
individual sel ...
... the third defendant directly but made such payments into the trust account of his
attorney pending the resolution of the disputes between the parties. Towards the
end of 2002, the third defendant cancelled the sale agreement, the validity of
which cancellation was disputed by the second plaintiff, w ...
Justice Black, the Fourteenth Amendment, and Incorporation
... watched a majority on the Supreme Court employ substantive due
process and other constitutional tools to invalidate measures designed to cope with a depressed economy.' Senator Black was a
principal supporter of President Roosevelt's plan to pack the federal
judiciary with judges receptive to New De ...
Ineffective Assistance - Free Law School Outlines
... who would be released. Pannell v. United States (D.C. Cir. 1963) (Skelly Wright, J.) (618). Bail
bondsmen are also a problem because they remove defendants’ financial incentive to return to
court and discriminate against the poor. They are good because they’re cheaper than the
government, good ones ...
The Conflict and Continuity
... No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment
or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in
actual service in time of war or public danger; nor
shall any person be subject for the ...
Lamb`s Chapel v. Center Moriches School District (1993)
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of
the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and protects a person against being compelled to be a witness against himself or herself in a criminal case. ""Pleading the Fifth"" is a colloquial term for invoking the privilege that allows a witness to decline to answer questions that might incriminate him or her, without penalty or it counting against him or her. A defendant cannot be compelled to become a witness at his or her own trial, but if he or she should testify, he or she is not entitled to the privilege, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privilege until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked their constitutional right when declining to answer questions.The Amendment's Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment also has a Due Process Clause (similar to the one in the 14th Amendment) as well as an implied equal protection requirement (Bolling v. Sharpe). Finally, the Amendment requires that the power of eminent domain be coupled with ""just compensation"" for those whose property is taken.