3d 350, raises the issue of whether or not the defendant has been denied his rights of due process wherein the legal assistance provided to him failed to communicate a generous plea bargain offered by the prosecution. Frye was sentenced to three years in prison after a fair trial because his counsel had made unprofessional mistakes that led to him pleading guilty to a harsher sentence than he could have received. The defendant should not be held liable for making an uneducated guilty plea after his attorney, Michael Coles, failed to perform his duties as the appointed defense. The outcome resulted from a lack of legal assistance; therefore Mr. Frye would have served a lighter sentence had he been fully entitled to his 6th amendment right to the assistance of an effective counsel. .
The Sixth Amendment right to counsel is necessary to ensure the right to a fair trial. The basic structure of a fair trial is mainly composed of the many provisions of the Sixth Amendment. The Counsel Clause states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.".
In the case of Strickland v. Washington, 466 U.S. 668 in 1984, Strickland pled guilty to murder and several other charges. He was sentenced to death and attempted to challenge his sentence on account of ineffective assistance of counsel. After rejecting his claim and realizing how outrageous these claims can be, the court set out to make certain there be a test as to what is necessary for someone to prove their counsel was deemed ineffective.
Due process is legal requirement, that the state must respect all legal rights owed to any person. If your rights have been violated in the process of trial by authority, any other person, you are able to use that against them by taking them to court if you wish. ... Wainwright, Miranda v. Arizona, and TLO v. ... Additionally, Amendment Five is also one of the rights of due process, that has been violated. ...
Technicalities are broken rules that violate due process rights (Samaha. 2015). These violations can stem from not been read Miranda Rights (Miranda v Arizona, 1966), an illegal search and seizure (Mapp v Ohio, 1961) or inadequate counsel (Strickland v Washington, 1984) (Samaha. 2015). If any of these (among others) due process rights are violated, crimes can go unpunished, regardless if evidence can indeed prove guilt. ... In Powell v. Alabama 1932, the U.S Supreme Court reversed the convictions of nine black men because their due process rights were violated. ...
What is the place of the imagination that literature addresses itself to in the learning process? ... Frye uses the example of a new born baby to show his point. ... Frye concludes this chapter with referring back the the beginning. ... Next Frye Focus's on the idea that there an be no direct connection between life and literature due to censorship. ... Next Frye compares comedy and romance to tragedy and irony. ...
Then the Missouri constitution goes into the Bill of Rights. ... As I stated Missouri's Bill of Rights comes right after the preamble. ... Bill of Rights is in the middle of the document. Also the Missouri Bill of Rights are in thirty-two sections under the first article. ... Then send it to the Missouri and then goes though a another process; then after some time it could be change. ...
These due process rights derive from the fourth, fifth, sixth, and eighth Amendments to the Constitution. Although the first ten Amendments were intended to apply only to actions of the Federal Government, over the years the courts have been able to extend due process rights to those accused of violating state law via the 14th Amendment, that says, "No State shall ... deprive any person of life, liberty, or property, without due process of law." ... When look at this amendment there are several parts that are related to the due process of criminal law. ... This provision applies only in federa...
The points Frye makes about literature and the imagination are all very true, and can be seen everywhere all the time. Even the most unseemly of stories contain many of the elements that Frye has outlined in his book "The Educated Imagination". ... In the following, they will be looked at using several of Frye's concepts, including: (1) A literary education enriches the world of the imagination, which expands the horizon of belief and makes it more tolerant and efficient...
This stage of the disaster dissipated with the original Missouri Compromise, which approved Missouri to enter the Union deprived of a limit on slavery, but also allowed the liberated state of Maine to the Union. ... In 1820 to 1821, the nation and Congress disputed the suitability of the Missouri state constitution. ... These entrenched principles about the expansion of slavery to Missouri did not appear out of nowhere. ... The force and precise process of the debate caught very few aware observers by disbelief. ... This was due to Missouri placing too far north to move in quietly as a slave ...
According to Frye, "There's always some literary reason for using [imagery], and that means something in human life that they correspond to or represent or resemble" (Frye 25). ... In fact, Frye adds to this idea and says, "I spoke of the magic in Blake's poem: that's usually a very vague word in criticism, but magic is really a belief in identity of the same kind:" (Frye 31). ... Frye adds, "To understand Blake's poem, then, you simply have to accept a world which is totally symbolic: a world in which roses and worms are so completely surrounded and possessed by the huma...
Frye did a similar studying trying to determine if prenatal stress alters a female rat's sexual behavior. ... Also Frye used forty rats were we only used 4. ... The one major difference was that we used male off springs were Frye used female off springs. ... Frye and Zoe A. ... Frye stated "Prenatally stressed rats show behavioral inhibition compared with rats that were not prenatally stressed" (Frye 2002). ...
