Due Process Court Cases

Question 1

Mapp v Ohio

Answer 1

Background:
Mapp’s house was searched (without a warrant)
for links to criminal organizations, gambling, and
bomb paraphernalia
Results:
She was set free due to invalid evidence
Precedent:
Exclusionary rule

Question 2

New Jersey v T.L.O.

Answer 2

Background:
T.L.O. was smoking in a school bathroom when a
teacher came in. The Teacher took her to the VP
who found drugs, cigarettes, drug paraphernalia,
and a wad of money
Results:
Probation for a year; clarification to “reasonable
suspicion”
Precedent:
School admin need reasonable suspicion

Question 3

Gideon v Wainwright

Answer 3

Background:
Gideon robbed a bar, but he couldn’t afford an
attorney so he had to testify for himself
Results:
Gideon was freed
Precedent:
States must provide counsel if you cannot afford it

Question 4

Miranda v. Arizona

Answer 4

Background:
18-year-old was raped and her brother recognized
the car which led them to Miranda. He admits
Results:
Miranda was freed
Precedent:
The defendant must be warned of his rights before
questioning

Question 5

Fuhrman v. Georgia

Answer 5

Background:
Furman was convicted of murder appealed on grounds of race
Results:
Death penalty temporarily suspended
Precedent:
Each state must
1) provide objective criteria to direct and limit sentencing, which is ensured y appellate review
2) Allow the judge or jury to consider the character and record of the defendants

Question 6

Gregg v. Georgia

Answer 6

Background:
Gregg was convicted of murder
Result:
Not sure
Precedent:
1) Created a separate proceeding, after the trial, in which the jury determines the appropriate penalty in a capital case
2) The death penalty could only be imposed if the defendant’s crime involved one or more “aggravating circumstances.”Georgia juries must also consider compelling reasons to reduce the sentence to life imprisonment
3) Any case in which the death penalty is imposed is automatically reviewed by the Supreme Court of Georgia

Question 7

Fuhrman v. Georgia

Answer 7

Background:
Fuhrman convicted of murder and faced with death penalty; appeals on race. Violates 14th Amendment
Result:
Death penalty temporarily suspended. Fuhrman was freed and death penalty was called cruel and unusual.
Precedent:
1) Provide objective criteria to direct and limit sentencing, which is ensured y appellate review
2) Allow the judge or jury to consider the character and record of the defendants

Question 8

Gregg v. Georgia

Answer 8

Background:
Gregg convicted of murder and appealed that the death penalty was unconstitutional
Result:
Death penalty allowed in some states (w/ approved plans). Gregg received the death penalty but died in a bar fight the night before scheduled death
Precedent:
1) Created a separate proceeding, after the trial, in which the jury determines the appropriate penalty in a capital case
2) The death penalty could only be imposed if the defendant’s crime involved one or more “aggravating circumstances.”Georgia juries must also consider compelling reasons to reduce the sentence to life imprisonment
3) Any case in which the death penalty is imposed is automatically reviewed by the Supreme Court of Georgia