Law

Mapp versus Ohio

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 228

View: 9727

Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.
Law

Mapp versus Ohio

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 228

View: 502

Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.
Juvenile Nonfiction

Mapp V. Ohio

Evidence and Search Warrants

Author: Deborah A. Persico

Publisher: Enslow Pub Incorporated

ISBN: 9780894908576

Category: Juvenile Nonfiction

Page: 128

View: 7942

The landmark Supreme Court case that dealt with drawing the line between legal and illegal searches of private residences and what evidence obtained from such searches is admissible in court.
Political Science

Religious freedom and Indian rights

the case of Oregon v. Smith

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Political Science

Page: 317

View: 9631

Program of the ... Annual Meeting

Author: American Historical Association. Meeting

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 310

Biography & Autobiography

Gibbons v. Ogden

John Marshall, steamboats, and the commerce clause

Author: Herbert Alan Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Biography & Autobiography

Page: 198

View: 4367

Law

A History of the American Constitution

Author: Daniel A. Farber,Suzanna Sherry

Publisher: West Academic Publishing

ISBN: 9780314152152

Category: Law

Page: 649

View: 9765

Among both judges and academics, one of the hottest issues in constitutional law is the role of "original intent." Almost everyone agrees that it is important, and some scholars and judges believe it should be the most important factor in constitutional law. To think about these issues intelligently, law students need to have ready access to the historical materials so they can see how the Framers of the Constitution thought about critical issues. Yet the original source materials fill many volumes. Writings by historians also fill many bookshelves. Just as the traditional casebook selects and condenses materials from the court reports to make them useful for law students, this book does the same thing for the historical evidence of original intent. There is no other source that covers this range of materials, combined with concise overviews of the best understanding of the historical context. Only this book gives students a cogent introduction to the history behind the Constitution and its major amendments, so they can form their own judgments about the "original understanding" and its relevance to modern constitutional law.
Political Science

The Use and Abuse of Police Power in America: Historical Milestones and Current Controversies

Author: Gina Robertiello

Publisher: ABC-CLIO

ISBN: 1440843732

Category: Political Science

Page: 370

View: 1064

Providing a timely and much-needed investigation of how U.S. law enforcement carries out its public safety and crime fighting mandates, this book is an invaluable resource for students, educators, and concerned citizens. • Provides a single-volume, go-to source for insight into police-citizen relations in the United States, from the 17th century through to today • Documents major turning points and historical events influencing the evolution of police power • Provides both supportive and critical perspectives on contemporary trends in law enforcement activities, attitudes, and practices • Enables a fuller comprehension of law enforcement in an era of significant political and social upheaval, much of which is tied to racial, ethnic, or economic factors
History

The Big Trial

Law as Public Spectacle

Author: Lawrence M. Friedman

Publisher: N.A

ISBN: 9780700620777

Category: History

Page: 224

View: 5900

Major criminal trials have fascinated the American public for centuries; this book is the first to explain their nature, and their role in society.
Historians

Program

Author: Organization of American Historians. Meeting

Publisher: N.A

ISBN: N.A

Category: Historians

Page: N.A

View: 1862

History

Animal sacrifice and religious freedom

Church of the Lukumi Babalu Aye v. City of Hialeah

Author: David M. O'Brien

Publisher: Univ Pr of Kansas

ISBN: 9780700613038

Category: History

Page: 196

View: 838

The Santeria religion of Cuba--the Way of the Saints--mixes West African Yoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind thescenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constituti
Political Science

A Conspiracy Against Obamacare

The Volokh Conspiracy and the Health Care Case

Author: R. Barnett,J. Adler,D. Bernstein,O. Kerr,D. Kopel,I. Somin

Publisher: Springer

ISBN: 1137363738

Category: Political Science

Page: 294

View: 4886

The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.
History

Flag burning and free speech

the case of Texas v. Johnson

Author: Robert Justin Goldstein

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 269

View: 7577

When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
History

Gideon's Trumpet

Author: Anthony Lewis

Publisher: Vintage

ISBN: 030780528X

Category: History

Page: 288

View: 7192

A history of the landmark case of James Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.
Law

Understanding Criminal Procedure: Adjudication

Author: Joshua Dressler,Alan C. Michaels

Publisher: LexisNexis

ISBN: 0820570028

Category: Law

Page: 637

View: 9473

The Fourth Edition of this clearly written Understanding treatise is new in many respects. Most significantly, it has been enlarged to two volumes. Volume One: Investigation is intended for use in criminal procedure courses focusing primarily or exclusively on the police investigatory process. Volume Two: Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. The text covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out and some of the hottest debates in the field are considered in depth and objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.
Social Science

Race and Meaning

The African American Experience in Missouri

Author: Gary R. Kremer

Publisher: University of Missouri Press

ISBN: 082627336X

Category: Social Science

Page: 288

View: 7805

No one has written more about the African American experience in Missouri over the past four decades than Gary Kremer, and now for the first time fourteen of his best articles on the subject are available in one place with the publication of Race and Meaning: The African American Experience in Missouri. By placing the articles in chronological order of historical events rather than by publication date, Kremer combines them into one detailed account that addresses issues such as the transition from slavery to freedom for African Americans in Missouri, all-black rural communities, and the lives of African Americans seeking new opportunities in Missouri’s cities. In addition to his previously published articles, Kremer includes a personal introduction revealing how he first became interested in researching African American history and how his education at Lincoln University--and specifically the influence of his mentor, Lorenzo Greene--helped him to realize his eventual career path. Race and Meaning makes a collection of largely unheard stories spanning much of Missouri history accessible for the first time in one place, allowing each article to be read in the context of the others, and creating a whole that is much greater than the sum of its parts. Whether you are a student, researcher, or general reader, this book will be essential to anyone with an interest in Missouri history.
Political Science

The Rehnquist Choice

The Untold Story of the Nixon Appointment That Redefined the Supreme Court

Author: John W. Dean

Publisher: Simon and Schuster

ISBN: 0743229797

Category: Political Science

Page: 352

View: 1644

The explosive, never-before-revealed story of how William Rehnquist became a Supreme Court Justice, told by the man responsible for his candidacy.