Furthermore, even if removal of citizenship could be possible in the exercise of some governmental power, 401(g) violates the Eighth Amendment, because it is penal in nature and prescribes a "cruel and unusual" punishment . Also disturbing the Chief Justice was the fact that 401(g) gave military authorities "complete discretion to decide who among convicted deserters shall continue to be Americans and who shall be stateless" , thereby making the military court the ultimate arbiter of citizenship in court-martial cases. .
The first idea that the lawyers for Trop had to establish was that Section 401(g) was penal in nature. This is because if it was not, the prosecution could have argued that denationalization is carried out solely because it is in the nation's interest to do so, or it "accomplishes some other legitimate governmental purpose" . However if the statute is intended to be penal, it opens the door to an Eighth Amendment violation. The most important evidence the defense brought to the court was that the 1865 Civil War statute was termed "distinctly penal in character" by the very committee that created it. In Perez v. Brownell [356 U.S. 44, (1958)], a case involving U.S. citizens being expatriated for voting in foreign elections, the action was argued to be a means of solving international problems, however denationalization for desertion was never claimed to be a means of solving such an issue in Trop. .
With the penal nature of the law established, Chief Justice Warren began to explain how the law violated the Eighth Amendment. In a remark that has been quoted dozens of times in cases involving the Eighth Amendment, he began by stating, "The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society." Justice Warren seemed to hold the idea of denationalization as a fate worse than, or on par, with death. "Citizenship is not a license that expires upon misbehavior deprivation of citizenship is not a weapon that the Government may use to express its displeasure at a citizen's conduct, however reprehensible that conduct may be.
A United States citizen has duties they should participate in for their country. A few examples of duties are: serving in a jury if called upon, staying informed about the community in which a citizen lives, and participating in the Democratic process. A part of the Democratic process is having the ...
better or for worse the constitution often uses vague wording to state a law. This may have very well been intentional. Perhaps the framers of the constitution wanted to establish a belief but allow it to adjust to the interpretations of the times. What exactly did the framers have in mind when they...
Case Name, Number and Date Miller v. Alabama, 132 S. Ct. 2455, No. 10-9646 (2012) Jackson v. Hobbs, 132 S. Ct. 2455, No. 10-9647 (2012) Parties Miller (defendant, appellant, petitioner) and Alabama (plaintiff, appellee, respondent) Jackson (defendant, appellant, petitioner) and Hobbs (plaintiff, ap...
Near Reeds Spring, Missouri, a 69-year-old man, the man's wife, and their 19-year-old paraplegic grandson were walking along a path. All of a sudden a man in camouflage jumps out of the woods and shoots each of them at point-blank range. The man confessed to the murder and was convicted. If this...
The question that my group chose to investigate was, what makes a paper airplane fly best? ... The results of this investigation are useful to our understanding of aqua dynamics and the four forces of flight. ... Also, different heavier material should be used during the investigation because of the thickness of water. The investigation can be improved by using more prior knowledge of the lab and understanding that not every piece of data will prove your hypothesis. ... We worked together as one and we each had responsibilities during this lab investigation. ...
As stated by fellow student Melissa Devault "Due process begins when an investigation of a particular suspect related to a crime begins. ... The exclusionary rule derived from Mapp v. ... California, 110 U.S. 516 (1884); Palko v. Connecticut, 302 U.S. 319, 323 (1937); Alexander v. ... This principle is seen and cited in cases such as Murphy v. ...
After the disaster, President Kennedy ordered a full investigation. ... Before the invasion took place, Director Dulles shows how little he thought of the brigade. Dulles displays the same attitude during the investigation: Statement: Without training and instruction, they would never have gone guerilla. Dulles: I wouldn't wholly buy that. ... Dulles did not mind sacrificing the Cubans. ...
This group is who performed the investigation, the federal government. ... Callahan stated "Even when the commission would bring this topic up, Allen Dulles, former director of The Central Intelligence agency, would try to get the investigation of the committee away from the subject of Cuba,"(Callahan 128). The actions of Dulles lead one to think that the CIA was involved in something with Cuba. The way Dulles skirted around the topic of Cuba could be read to different ways according to Callahan: the first was that he feared the international repercussions. ... If the second of these two ways...
With the advent of more modern technology, a lot of the stress and time required for an investigation is reduced, while the skills of an investigator can be aided so they can work more efficiently. ... With the new facts, the investigator can make new speculations that can aid in the investigation and the investigation process. ... The use of these two senses are vital in an investigators career, and is a great skill set to have, and will aid tremendously in your investigations. ... First and foremost, an investigator needs to be an active learner. ... The investigator will need to be a crit...