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Court Essays

The Exclusionary Rule With Reference To The Hudson v. Michigan

Abstract From the Hudson v. Michigan case it is clear that the application of the exclusionary rule is conditional on the case under study, and that the decision of one court with regards to its ruling can be undone by another court contrary to the defendant’s constitutional rights. As from …

Adversarial vs. Inquisitorial Court Systems

There are many differences as well as similarities between the adversarial and inquisitorial court systems. In an adversarial court, the judge tries to remain impartial. In an inquisitorial court the judge plays the role as a fact finder to ascertain the truth. The adversarial system is a contest between two …

Should Evidence of Repressed Memory be Allowed in Court?

Introduction In most countries especially in the western world including Australia, USA, Canada, UK, and others, the use of repressed memories in courts has resulted to conflicts in the judicial systems. In some countries like Australia, there are organizations like False Memory Association which has been formed by those (mostly …

Reflection of the First Amendment

Introduction The first amendment was the first major enactment in the constitution of the United States that guaranteed the freedom of expression to all Americans. The amendment prohibited the United States congress from coming up with laws that prohibited the free exercise of individual religious belief, infringe on the individual …

Mapp v. Ohio Case Brief

Facts of the Case             The appellant had been convicted in Ohio of violation of one of the state’s pornography statutes, Section 2905.34 of the Ohio Revised Code.  It is undisputed that appellant lived on the second floor of a two-family residence.  She answered the door to find three Cleveland …

Judicial Activism in Australia Courts

The dangers of judicial activism in Australia far outweigh its advantages because of several reasons.             Judicial activism is the instance whereby the courts or the judiciary affects the status quo of the prevailing legal system by preventing the implementation of certain legislations on grounds that they are unconstitutional (Pudlow, …

The Feeney Case

Introduction             In 1997, the Supreme Court of Canada rendered a decision which forced Parliament to either enact a new arrest warrant law or see the courts release thousands of other criminals on grounds that they, too, had been arrested contrary to the Supreme Court’s newly minted legal requirements in …

History of the Death Penalty

     When British settlers came to the new world, they brought with them the practice of capital punishment.  In 1608, Captain George Kendall of Jamestown accused of being a spy for Spain was the first recorded execution.  The Divine, Moral and Marital Laws enacted by Virginia Governor Sir Thomas …

The Role of the European Court of Justice in the European Union Policy-making

Background             The name European Union (EU) was ratified on the month of November of 1993 through the Treaty in Maastricht, Netherlands, otherwise known as the Maastricht Treaty. This is a treaty between the EU and the European Community (EC), a confederacy of European countries both political and economic. The …

Should Juveniles Be Tried as Adults

Throughout the years this topic has been a heated discussion. To those that have never experienced a fellow persons murder by a juvenile they often side with the idea they should not. To those who have known someone who has they often declare that they should. There is evidence to …

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