United States Constitution and Dwight Dexter Case Essay Sample
Dwight Dexter’s rights were non upheld in condemnable justness system. Sheriff Dodd had searched Dwight’s auto without a warrant or consent. go againsting Dwight’s protection from hunt and ictus stated in the Fourth Amendment. In add-on to this. Randolph Stone and Morgan Livingston. cardinal informants. had admitted to falsely attesting against Dwight. Furthermore. all African American jurymans had been thrown out. doing the test inconsistent with the Sixth Amendment.
Harmonizing to Exhibit A. Document 1. Sheriff Dodd approached Dwight on July 24. at 1 AM in Detroit. and pulled him over. Dodd so proceeded to seek Dwight’s auto without his permission or a warrant. Dodd claimed that he had no clip to acquire a warrant. This is a clear misdemeanor of Dwight’s Fourth Amendment protection from unconsented hunt and ictus. In Exhibit B. Document 2. the test is outlined. During the test. informants Morgan Livingston and Randolph Stone testified in tribunal under curse. Rock had told the tribunal that Dwight confessed to slaying “a white boy” and had told him to acquire rid of the slaying arm. When asked about whether he had been coached or non. Stone said no. Morgan Livingston testified that Dexter told him of a program to rob a bank. during which he’d kill anyone who got in his manner. Livingston had besides denied having training old to the test. In add-on to this. he besides claimed he was non a paid source. Harmonizing to Exhibit C. Document 2. both informants confessed to perjury in 1999. Stone said that he was imitated by Sheriff Dodd’s menace and decided to concoct a narrative to pacify Dodd.
Livingston confessed to being paid to go an informant and framing Dwight. In Brady v. Maryland ( 1963 ) . the Supreme Court decided that hiding grounds violates due procedure of the accused and hence goes against his/her rights. The Dwight Dexter instance is in a similar place. Dwight’s due procedure. mentioned in the Fifth Amendment. had been violated. Exhibit B. Document 1 shows us the procedure of choosing a jury for the Dwight Dexter instance. The concluding jury included all white jurymans. with all the black jurymans taken out from the concluding jury. Even upon close scrutiny. grounds for throwing out the black jurymans are non clear.
The prosecution had acceptable ground to throw out merely one of the four black jurymans. Harmonizing to Fifth Amendment. the accused is entitled to due procedure. which includes the right to a test of their equals. However. Dwight was denied this right and hence had his rights violated. In Batson v. Kentucky ( 1986 ) . the tribunal concluded that the suspect could dispute the use of peremptory challenge to take out jurymans based on race. Dwight’s rights had been violated by the condemnable justness system. He was searched without a warrant and without consent. In add-on to this. Dwight was denied due procedure in his instance when two informants committed bearing false witness. The prosecution besides rigged the jury by throwing out all of the black jurymans. Overall. Dwight was mistreated in his instance should non be sentenced to decease.
