... capable of providing adequate protection for citizens. Despite the overwhelming significance of the rights protected and guaranteed by the Fourth Amendment, many questions and concerns existed regarding police and court procedures and practices. The most important of those questions was whether or not illegally obtained evidence could be used in courts. Before 1914, any evidence obtained by the police could be ... evasion case where federal agents presented photocopies of illegally seized documentation as evidence against the defendant. However, the doctrine was also designed to be applic...

• Word Count: 1759
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... alike found the preexisting protocol with regard to ad-hoc appointment to a vacant presidential seat to be vague. William Henry Harrison was the first President to die while in office; Vice President John Tyler assumed the position of presidency subsequent to Harrison's death. Prior to the passing of the Amendment, President Nixon had passed the Voting Rights Act of 1965, which had ... ...

• Word Count: 2226
• Approx Pages: 9
• Grade Level: Undergraduate

... reversed, but the six Justices voting for reversal were unable to agree upon an opinion in support of the decision. They stated that the constitutional test for obscenity is "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to ... and that the film in question was not as such. The reason that this case should be considered interpretist is that they applied a constitution "test" om what is and what is not pornography. Although they used there own opinions on deciding if it was or wasn't pornography, they ...

• Word Count: 2444
• Approx Pages: 10
• Grade Level: High School

... . The bill proposed that capital punishment be utilized only for crimes of murder and treason but was defeated by a single vote. Another non supporter of the death penalty was Dr. Benjamin Rush who was a signer of the declaration of independence and founder of the Pennsylvania prison society. He didn't believe that the death penalty was a deterrent he believed in the "brutalization ... affect" he believed that having a death penalty actually promoted criminal conduct. Dr. Benjamin Rush gained the support of Benjamin Franklin and Philadelphia Attorney General William Bradford. William Bra...

• Word Count: 1564
• Approx Pages: 6
• Grade Level: Undergraduate

... the first amendment purposes, is that the government, in dedicating the forum for expressive purposes--that is, in limitations on whom may use the forum. The least stringent First Amendment test is reserved for the non-public forum, places that are neither traditionally used for expressive activities--places such as jailhouses, public hospitals, nor military bases. There is, not surprisingly, debate ... to what sort of places and forums should be considered non-public. "Geer v. Spock considers restrictions on handbill distribution and speechmaking at Fort Dix Army Base in New Jersey. Dr...

• Word Count: 1987
• Approx Pages: 8
• Grade Level: Undergraduate

... though these kind of searches seem unfair, the law is unclear as to whether these searches are constitutional. Can the school make me submit to a drug test if I want to play school sports? Probably. In 1995 the Supreme Court handed down a case called Vernonia School District v. Acton, where it held ... should have the chance to tell your side of the story to the principal or some higher authority. Can the school make me submit to a drug test if I want to participate in a non-athletic club? Maybe. After the Court's ruling in Vernonia, it is unclear whether schools have the authority to ......

• Word Count: 2436
• Approx Pages: 10
• Grade Level: High School

... includes a review of three articles which focus on death penalty support by gender and political orientation. Next, three hypotheses are presented with research methods and procedures used to test them following the hypotheses. Then, detailed results of the research and discussion of the results with conclusion following them. Literature Review Introduction A review of the relevant literature suggests ... penalty was unconstitutional at one period of time, but since it became constitutional again the support for the death penalty has been steadily rising up to year 2000. Research Question...

• Word Count: 2094
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... to censor material that is indecent or obscene. Who regulates and decides what is indecent or obscene? These questions have evolved through many important cases over the last century. Today the Miller test, derived from Miller v. California, is used to decide the material in question. It is first important ... description or representation of sexual matters. Third, before something can be found to be obscene, it must be utterly without redeeming social value1. This test for obscenity did not last long however and was changed in 1973 after the landmark case of Miller v. California. In thi...

• Word Count: 2436
• Approx Pages: 10
• Has Bibliography
• Grade Level: High School

... courts and say that sign language is also speech. But is burning a flag speech? What about a draft card? Are those actions permitted under the First Amendment? A simplified answer to those questions is yes, yes, yes, and no. Yes, burning the flag is a form of nonverbal communication. By burning a flag, one can express many things. One can express one's dissatisfaction with our ... explains that sexual content in art, literature, or scientific works are protected forms of press and speech. This is the precursor to the SLAPS test put out by another important obscenity case, Miller v. Cali...

• Word Count: 1758
• Approx Pages: 7
• Grade Level: High School

... involved Christopher Simmons, who was 17 in 1993. This case took place in Missouri. The plan was to murder Shirley Cook, and Simmons planned to bring his two friends Charles Benjamin and John Tessmer. The plan was to commit a breaking and entering, then murder Shirley Cook. The plan was then executed, but without Tessmer, dropping out at the last minute ... . Benjamin and Simmons then broke into Cook's home then tied her up and murdered her by throwing her off a bridge. The case then hit the courts, where things seemed they were ... ...

• Word Count: 1380
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... uncodified constitutions in the world. There are many reasons provided for this by various political philosophers. Although the absence of a codified constitution raises questions as to what institution of the government has the ultimate power, the various coexisting institutions of the United Kingdom undertake the responsibility of governance while ... distinguish and analyse the concepts of parliamentary sovereignty (PS) and rule of law (RoL) which will help in the discussion and analysis of questions raised by the case of Jackson1 and how the issues raised in that case is seen by var...

• Word Count: 1820
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... of a liberal majority in the Supreme Court, the anti-abortion movement reached its peak during the three terms of Presidents Reagan and Bush. Reagan and Bush used Roe as a litmus test, while appointing Justices O'Connor, Scalia, Kennedy, Souter, and Thomas, during this twelve year period. Meanwhile, twenty-seven years after Roe v. Wade, the nation's most significant decision regarding women's ... 1992, she joined with Justices Anthony M. Kennedy and David H. Souter to write the plurality opinion in Planned Parenthood of Southeastern Pennsylvania v. Casey which stated, "Consideration of t...

• Word Count: 1627
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... 1971, "the Supreme Court confronted the impact of testing in Griggs verus Duke Power Company (Hacker 129)." The company had kept black employees in lower level jobs, arguing that their "test scores showed they were not qualified for better positions (130)." The court rejected this explanation, "ruling that employers who hired and promoted on the basis of tests had to show ... that those exams in face provided good forecasts of how an individual is to perform (130)." However, test results do still display some bias, a business is still entitled to hire people who will best benefit its ba...

• Word Count: 2004
• Approx Pages: 8
• Grade Level: Undergraduate

... to act. "Queen's recognizes the right of free speech, but appreciates too the limits on free speech. Hate speech and racial slurs have no place on our campus," wrote Alan Harrison, Provost and Vice-Principal in the statement. According to Haroon Siddiqui, a columnist for the Star, "Canadians value free speech but not to the extent that you may bring women, gays ... ...

• Word Count: 1709
• Approx Pages: 7
• Grade Level: Undergraduate

... them to think that they are inferior to others. During the Brown vs. Board of Education case, Kenneth Clark performed a doll test to prove the psychological damage in segregated children. "I presented these dolls to them and I asked them the following questions in the following order: "Show me the doll that you like best or that you'd like to play with," "Show me ... the doll that is the "nice" doll," "Show me the doll that looks "bad"," and then the following questions also: "Give me the doll that looks like a white child," "Give me the doll that looks like a colored child," "Give me t...

• Word Count: 1252
• Approx Pages: 5
• Grade Level: High School

... or the hassle of a drug-addicted employees and how their behavior will affect the company and its bottom-line. Employers should be allowed to test for drug use if an employee's behavior seems appropriate, the job requires precise handling, or the driving and/or safety of others is involved. ... offered a job to undergo a urine screen without violating their privacy rights. A former Wal-Mart employee raised the case when required to take a drug test before starting her job at the store. As widespread drug use is on the rise, many employers have begun to worry about the performance of thei...

• Word Count: 1528
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... , Catholic schools favored one religion over others. Decision Eight to zero would be the votes that decided the case of Lemon v. Kurtzman. With this unanimous verdict being reached, the Lemon Test was developed which is a system that is used to determine if a state law regarding the funding or creation of religious institutions with money from the public is in violation of ... the Constitution. As stated by Chief Justice Warren Burger, the Lemon test must, "First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advance...

• Word Count: 2227
• Approx Pages: 9
• Has Bibliography

... is the definition of mentally retarded?" According to an article written by the Dallas Morning News titled "Justices to Review Death Penalty for Mentally Retarded Inmates", states currently use a test containing three questions to determine whether a person is mentally retarded. The first question; is the person's IQ less than 70? (An average person's IQ is 100.) The second question; was mental retardation ... ...

• Word Count: 1655
• Approx Pages: 7
• Has Bibliography
• Grade Level: High School

... , and the United Methodist Church (Death Penalty Focus). Those that argue that the death penalty is ethical state that former great leaders and thinkers such as George Washington, Thomas Jefferson, Benjamin Franklin, Kant, Locke, Hobbes, Rousseau, Montesquieu, and Mill all supported it. However, Washington and Jefferson, two former presidents and admired men, both supported slavery as well. Surely, the advice of ... ...

• Word Count: 2009
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

... phrases to be written on United States currency are both unmerited and unfair. Congress has prayed at the opening of every session since the beginning. During the first Continental Congress Benjamin Franklin urged prayer saying: "In the beginning of the contest with Great Britain, when we were sensible to danger, we had daily prayer in this room for Divine protection. Our ... ...

• Word Count: 1973
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... , and the United Methodist Church (Death Penalty Focus). Those that argue that the death penalty is ethical state that former great leaders and thinkers such as George Washington, Thomas Jefferson, Benjamin Franklin, Kant, Locke, Hobbes, Rousseau, Montesquieu, and Mill all supported it (Koch 324). However, Washington and Jefferson, two former presidents and admired men, both supported slavery as well. Surely, the ... ...

• Word Count: 2068
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

Letting God Back In As long as there were test that I forgot to study for I was praying in high school. Following the September 11th attacks in New York and Washington D.C., many Americans have turned their eyes to heaven for answers ... the playing fields? Is it wrong to bless the graduates as they make their adventure in life? Is it wrong to teach young children about their creator? To some, those questions may be difficult to answer, but to most ask yourself the question, "what would Jesus do." He would stand up for what he believes in and if it meant die ... ...

• Word Count: 1458
• Approx Pages: 6
• Grade Level: High School

... by natural selection has caused such tremendous controversy in the educational realm after years of improvements in the fields of genetics and biochemistry and after years of thousands of different test. Darwin's explanation of the evolutionary process meets all the mandatory criteria to be deemed a theory, however many science teachers are opting to de-emphasize or all together omit this major ... antibiotics prescribed by doctors are no longer effective. However, it is the theory's explanation of the origin of life that has caused so much controversy. When explaining life's origin suc...

• Word Count: 2226
• Approx Pages: 9
• Grade Level: High School

... that case the entire Pledge would be void. In 1956 Congress "retired- our national motto, E Pluribus Unum, which is Latin for "Out Of Many, One,"" This had been suggested by Benjamin Franklin, Thomas Jefferson and John Adams. It can be traced to the Epistles of Horace, and was intended to signify the union of the original 13 Colonies, and replaced it ... ...

• Word Count: 2370
• Approx Pages: 9
• Grade Level: High School

... in one form or another. As Van Den Haag triumphantly declared: "Show no mercy to the merciless." Yet many other voices have risen against it. Heated public debate centers on questions of public safety, sentencing equity, and the execution of innocents, among others issues. After reviewing the arguments of those opposed to capital punishment, it only strengthens my position that capital ... into the argument for capital punishment. These factors, most of which were instituted at one time or another, have proved effective. They have lasted for thousands of years, withstood the test of tim...

• Word Count: 2151
• Approx Pages: 9