This website uses cookies to ensure you have the best experience. Learn more

Ring V. Arizona Case Brief Essay

1533 words - 7 pages

Ring v. Arizona122 S Ct 2428 (2002)Facts of the case:On November 28, 1994, The body of an armored van driver was found dead inside the vehicle. Also, there was more than $800,000 missing from the van leading police to believe that this was a robbery and homicide case. There were no witnesses to the crime except a local bystander who stated that two vehicles, a van and a red truck were speeding down the road earlier that day and had neglected to stop at the intersection where there is a stop sign posted.Based on a tip, police were able to locate the red pickup truck and it's owner, Timothy Ring. Police then listened to Timothy Ring's phone conversations and quickly learned that he was ...view middle of the document...

" The judge then sentenced Ring to the death penalty.Upon automatic appeal, the Arizona Supreme Court affirmed the sentence. The case was then appealed to the US Supreme Court.Issue before the US Supreme Court:As to the right to a jury trial under the sixth amendment, as made applicable to the states through the fourteenth amendment, may a judge alone determine aggravating factors necessary to impose a death sentence?Holding:NoReasoning:Capital defendants, no less than noncapital defendants, are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment.The US Supreme Court's Decision:The Supreme Court decided that juries rather than judges must make the determinations that subject a convicted murder to the death penalty. This was decided on a 7 to 2 decision.Justice Ginsburg explained the decision for the Ring case. She stated that it is unusual for the court not to follow its past decisions."But the doctrine is not unyielding: we have overturned prior decisions when there is strong reason for setting the law straight. This is such a case," she said.The Apprendi decision dictated its application to the death sentence context, stating:"The right to trial by jury guaranteed by the Sixth Amendment would be senselessly diminished if it encompassed the fact-finding necessary to increase a defendant's sentence by two years, but not the fact-finding necessary to put him to death".Justice Ginsburg concluded that the Sixth Amendment applies to both.Significance:This case set forth the precedent that juries, not the judge, will have the ability to exercise their discretion when deciding aggravating factors which could lead to the enforcement of the death penalty.This decision is also significant because it invalidated death penalty laws of five states and cast doubt on the laws of four others.It also overturned the 1990 U. S. Supreme Court decision in Walton v Arizona.In 1990, the Supreme Court case Walton v. Arizona upheld Arizona's death sentence law over the appeal that it was unconstitutional, and thus, violated the Sixth Amendment right to a trial by jury. Then, in 2000, the Supreme Court case Apprendi v. New Jersey ruled that a judge had inappropriately lengthened a man's sentence after the jury was dismissed. The Court overturned the sentence, saying the trial judge using his information to increase the sentence should have been decided by a jury and proven beyond a reasonable doubt.Dissenting Opinions:Both the chief justice Rehnquist and justice O'Connor had the only dissenting opinions. They stated that Apprendi, not Walton, should have been overruled. Justice O'Connor said:"Defendant's death sentence required the judge's factual findings. If Arizona prevailed on its opening argument, Apprendi would be reduced to a meaningless and formalistic rule of statutory drafting. This need to evaluate death penalty claims will greatly burden the courts in five states."At the time of this case,...

Other Essays On Ring V. Arizona Case Brief

To What Extent Does Psychological Profiling Assist Criminal Investigations And Avoid Miscarriages Of Justice?

2895 words - 12 pages pertinent to note the key rule for the admission of expert evidence seen in the cases Folkes v. Chadd, 1782, R v Turner, 1975 and R v. Robb, 1991 (see: Esinike, 2010; Bosco et al. 2010). The first time that a Professor of Psychology used offender profiling within a police investigation in the UK was in 1986, it was used to find the prolific "Railway Rapist", John Duffy. Canters report was extremely useful in this case, Ainsworth (2013:11) noted that this

Marketing Plan Essay

5382 words - 22 pages Malaysia such as Japanese, Korean, Mandarin and Cantonese. Tourists are brief about the natural history of the Klias River and the wildlife in the area, before they leave for the river cruise. Narrative explanations are given on site if the tourists request further information.2.Well-developed entertainment option and other recreational activities available for tourists. Beside river cruise, we provide other activities like river fishing, visiting

Who Are The Celts?

5315 words - 22 pages - pluck nine roots, knot into a ring, and place in the mouth. Then seek a kiss from the man you desire.ST. JOHN'S WORT: to ward off fever; sedative, pain reducing, also used on St. John's Eve (midsummer) m d~v~nahon.PURPLE ORCHIS: A magical plant ('lus an Talaidh' - herb of enticement). Used in love charms. It has two roots, one larger than the other, representing a man and a woman. The plant is to be pulled by the roots before sunrise, facing South

Americanisms In England

3813 words - 16 pages Americanisms in EnglandMore than once, during our original days, we encountered Americanisms that had gone over into English, and English locutions that had begun to get a foothold in the United States. Such exchanges are made frequently and often very quickly, and though the guardians of English, still attack every new Americanism vigorously, even when, as in the case of scientist, it is obviously sound, or, as in the case of joy-ride, it is

Business Strategy Of Total S.A

8482 words - 34 pages ;ns оn internаtiоnаl cаpitаl hаs аllоwed Tоtаl tо аvоid prоblems in these regiоns. Tоtаl's lаck оf experience аcrоss the pоnd, hоwever, hаs led tо prоblems in Lаtin Аmericа, like the nаtiоnаlizаtiоn оf sоme оf the cо

Raising Of The Corporate Veil - ENRON

8487 words - 34 pages company has life of its own, can own property, can sue and be sued in it's own name, has perpetual life and existence.However this is not always applied as was laid down by the landmark case Solomon v. Solomon & Company. In a number of circumstances, the court will pierce the corporate veil or will ignore the corporate veil to reach the person behind the veil or reveal the true form and character of the concerned company. In those circumstances

Crime Myths

2267 words - 10 pages strangers. The Australian crime victim survey displayed similarities with only 24 % of victims saying that strangers had been involved in their case of sexual assault. (Easteal, 1992)Mass media is arguably the most powerful creator of crime myths. The media causes great social concern by broadcasting brief but intense reports of problems. These are problems are perhaps broadcasted on some occasions in the best interests of the media.New technology is

Food And Class

2224 words - 9 pages basis for future urban planning. In addition, the expansion of car sharing programs which allow individuals to rent cars by the hour, would allow low-income earners to travel farther when grocery shopping, shop less frequently, and also increase the amount they can purchase. In any case, the impetus for urban agriculture needs to come from within the low-income communities themselves, without the forced implementation or potential finger pointing

Discuss Strategies Available To Investigators In Reducing The Suggestibility Of Child Witnesses

4250 words - 17 pages Publishers, New Jersey.Rubin, Z & McNeil, E. (1985). 'Memory', in Psychology: Being Human, 4th edn. Harper and Row, New York.Shaw, G. (1996). Go With the Flow. Police Review, 19 January.The Suggestibility of Children: Evaluation by Social Scientists (From the Amicus Brief for the Case of State of New Jersey v. Michaels, Presented by Committee of Concerned Social Scientists) from Accessed 4 March 2006Wilson, C & Powell, M. (2001). 'Understanding a Child's Mind', in A Guide to Interviewing Children. Allen and Unwin, Crowns Nest, Sydney.

Palliative Care Nursing Practice - Case Study

3557 words - 15 pages IntroductionThis assignment is aimed at demonstrating how the author understands the concepts of holistic therapeutic practice in palliative care and how the principles of palliative care are applied in the clinical setting. The author will demonstrate this in the format of a case study. There will be an introduction to palliative care with definitions of therapeutic and holistic care and some discussion around how the principles of palliative


4881 words - 20 pages Learning and Literacy (NY: Palgrave, 2004), James Paul Gee argues that interactive media (in this case, video games) allow for much deeper understanding of characterization than the old dynamic of identification because they better mimic the mutlilayered information fields our students walk through everyday. In addition, digital texts help promote a broader literacy; the old print literacy is necessary but not adequate for the complex semiotic

Similar Papers

How To Be A Wise Buyer. The Tricks To Wise Buying. How To Avoid Scams, And What To Do If One Occurs

362 words - 2 pages who want to become a wise buyer.Even if you are a wise buyer who follows all the steps in the previous paragraph closely, it is still possible that you may still come across, various problems over the counter. In Case study "Davey V GT Programming" the consumer (the buyer), thought she had nowhere to turn. She was angry, and was stuck with a broken computer, what could she have done. The following steps are to help people in a similar situation as

This Paper Discussed Tcp/Ip In Depth Including All History And Futures Of The Internet Protocol

4842 words - 20 pages restricted for only military use but there were gateways created so the two networks could communicate. Eventually ARPANET evolved into what is now known as the Internet, in today's standards. ARPANET finally ran out of use in 1990 and was finally "turned off" (Thomas, 1996).III. A Brief Synopsis of The TCP/IP Protocol Suite:TCP (Transfer Control Protocol) takes all of the information that you wish to transmit and it breaks it into different pieces

12 Page Paper On Evidence And Liability Relating. Written For Crju 4400 Class

3251 words - 14 pages probative matter, legally presented at the trail of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention. (Kaci 2000, 2)".There are rules established by the courts as to how the evidence must be obtained to be admissible into the courts. The USSC case for this would be Mapp v Ohio in

Business And Financial Environment Essay

5927 words - 24 pages ; banking crisеs in thе 1990s crеatеd havoc in thе financial markеts causing sеvеrе disruption. Thе currеnt financial crisis which еmеrgеd in 2007, although thе roots wеrе sown much еarliеr, has bееn onе of thе toughеst and probably thе biggеst that financial markеts havе еvеr