Brown v. Mississippi Case, Arguments, Impact

In Brown v. Mississippi (1936), the Supreme Court unanimously ruled that, under the due process clause of the Fourteenth Amendment, forced confessions cannot be admitted into evidence. Brown v. Mississippi marked the first time the Supreme Court reversed a state trial court conviction on the basis that the defendants’ confessions were coerced. Fast Facts: Brown v. Mississippi Case Argued: January 10, 1936Decision Issued:  February 17, 1936Petitioner:  Brown, et alRespondent:  State of MississippiKey Questions: Does the due process clause of the Fourteenth Amendment prevent prosecutors from using confessions that are shown to be forced?Unanimous Decision: Justices Hughs, Van Devanter, McReynolds, Brandeis, Sutherland, Butler, Stone, Robers, and CardozoRuling:  Convictions of murder based solely upon confessions shown to have been extorted by officers of the State by torture of the accused are void under the due process clause of the Fourteenth Amendment. Facts of the Case On March 30, 1934, police discovered the body of Raymond Stewart, a white Mississippian farmer. The officers immediately suspected three black men: Ed Brown, Henry Shields, and Yank Ellington. They detained and brutally beat all three men until each agreed to the version of the facts the police offered them. The defendants were arraigned, indicted, and sentenced to death within one week. During the brief trial, the jury was not offered any evidence outside of the forced confessions. Each defendant took the stand to explain exactly how his confession was beaten out of him by the police. The Deputy Sheriff was called to the stand to rebut the testimony of the defendants, but he freely admitted to whipping two of the defendants. He was present when a group of men hung one of the defendants twice to force a confession. The defense attorneys failed to motion for the judge to exclude the forced confessions on the basis that the defendant’s rights had been violated. The case was appealed to the Mississippi Supreme Court. The court decided not to reverse the conviction, on the basis that the defense attorney should have motioned to exclude the confession during the original trial. Two justices wrote passionate dissents. The U.S. Supreme Court took on the case under a writ of certiorari. Constitutional Issues Does the due process clause of the Fourteenth Amendment prevent prosecutors from using confessions that are shown to be forced? The Arguments Earl Brewer, former Governor of Mississippi, argued the case before the Supreme Court. According to Brewer, the state knowingly admitted coerced confessions, a violation of due process. The due process clause of the Fourteenth Amendment ensures that citizens are not deprived of life, liberty, or property without a proper legal process. Brewer argued that the trial for Ellington, Shields, and Brown, which lasted only a few days, failed to uphold the intent of the due process clause. Attorneys on behalf of the state relied primarily on two cases, Twining v. New Jersey and Snyder v. Massachusetts, to show that the U.S. Constitution did not ensure a defendants right against compulsory self-incrimination. They interpreted this as showing that the Bill of Rights did not offer citizens protection against forced confessions. The State also alleged that the fault lied with the defendants’ attorneys, who had failed to object to the forced confessions during the trial. Majority Opinion In a unanimous decision written by Chief Justice Charles Hughes, the court overturned the convictions, condemning the trial court failing to exclude confessions that were clearly obtained through torture. Chief Justice Hughes wrote: It would be difficult to conceive of methods more revolting to the sense of justice than those taken to procure the confessions of these petitioners, and the use of the confessions thus obtained as the basis for conviction and sentence was a clear denial of due process. The court’s analysis focused on three aspects of the case. First, the Supreme Court rejected the state’s argument that under Twining v. New Jersey and Snyder v. Massachusetts, the federal constitution does not protect a defendant from compulsory self-incrimination. The Justices reasoned that the cases were misused by the state. In those cases, the accused were compelled to take the stand and testify about their actions. Torture is a different type of compulsion and should be treated separately from the compulsion found in those cases. Second, the Court acknowledged the right of the state to regulate trial procedures but argued that those procedures must not prevent due process of law. For example, a state may decide to stop the practice of trial by jury but may not replace a jury trial with â€Å"an ordeal†. The state may not knowingly present a â€Å"pretense† of a trial. Allowing the forced confessions to remain in evidence offered the jury a reason to convict the defendants, depriving them of life and liberty. The Supreme Court found that this was an offense against the fundamental principle of justice. Third, the Court addressed whether the attorneys assigned to the defendants should have objected to the forced confessions when they were admitted into evidence. The Justices reasoned that the trial court was responsible for allowing clearly forced confessions to be admitted into evidence. A trial court is required to correct proceedings when due process has been denied. The burden of upholding due process falls on the court, not the attorneys. Impact Brown v. Mississippi called into question police methods used to obtain confessions from suspects. The original trial of Ellington, Shields, and Brown was a miscarriage of justice, based on racism. The Supreme Court ruling enforced the Courts right to regulate state judicial procedures if they violate due process. Even though the Supreme Court overturned the convictions in Brown v. Mississippi, the case was thrown back down to state courts. After negotiations, each of the three defendants pled no contest to manslaughter charges, even though prosecutors failed to bring any evidence against them to light. Brown, Shields, and Ellington received varying sentences after time served, ranging from six months to seven and a half years. Sources: Brown v. Mississippi, 297 U.S. 278 (1936)Davis, Samuel M. â€Å"Brown v. Mississippi.†Ã‚  Mississippi Encyclopedia, Center for Study of Southern Culture, 27 Apr. 2018, mississippiencyclopedia.org/entries/brown-v-mississippi/.

The Dust Bowl Dance of a New Generation - 803 Words

In the 1920’s, the American economy was on the rise with no sign of stopping. Nicknamed the â€Å"Roaring ‘20’s,† this era brought about good times for most everyone except farmers. Farmers were buying expensive, new farm equipment with hopes of large returns, but their increased efficiency saturated the market. Their crop production increased too rapidly, and, to sustain themselves, farmers feverishly began to plant as many crops as possible to make up for falling prices. This over farming ruined the soil of it’s grasses. With no rooting to hold the topsoil, the prevailing winds of the 1930’s swept the soil all over the Midwest and destroyed any chances of farming for a profit. After it all, the need to pay off the debt they acquired while†¦show more content†¦The main reason for this is simple: the amount of graduates is increasing faster than the amount of jobs. According to the American Census Bureau, the number of Americans under the age of twenty-five with at least a bachelor’s degree has risen thirty-eight percent since 2000 and the job market is not even close to accommodating all of these young graduates. With government policies giving incentives to increase the amount of degrees given and people like Ohio State University President E. Gordon Gee saying that having fewer graduates risks â€Å"the very foundation of the American Dream,† it is easy to see where the problem stems. Graduating college is no longer an accomplishment powered through ambition; it is a chore. It’s almost socially unacceptable to not go to college now that more than forty percent of adults in America have a college degree according to the Washington Post. This pressure exerted on students leads to many people having degrees that never needed them, but now those people have debts to pay. The really nasty thing is, only certain majors make the money needed to pay off such debts. This Dust Bowl for graduates is especially hard on certain majors. With the changing times and economic slowness, it seemsShow MoreRelatedHindu Religion : The Temple Of Shri Krishna Essay2005 Words   |  9 Pagestogether as a family. C- As we learned in class, the Hindu sacred scriptures equal over two hundred. They are classified as Shruti or Smriti. Shruti means â€Å"that which is heard†, Sanjay explained that the Shruti scriptures were passed down through generations and then preserved into Sanskrit, also Shruti is heard or revealed to sages in their highest state of consciousness. They also include the Four Vedas, Samhitas, Brahmanas, Aranyakas, and Upanishads. As for Smriti, it means â€Å"that which is remembered-Read MoreCeramics: Pottery and Clay17443 Words   |  70 Pagesceramics d. TYPES OF CERAMIC MATERIALS †¢Crystalline ceramics †¢Other applications of ceramics e. 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The Bamboo Forest Fighting Sequence free essay sample

Francheska Sanchez Professor Charles French ENG255 Literature and Film August 4, 2010 A Sequence Analysis: â€Å"The Bamboo Forest Fighting Sequence† in Ang Lee’s Crouching Tiger, Hidden Dragon Perhaps, the powerful storyline of the Crouching Tiger, Hidden Dragon was what encouraged one of the greatest cinematic martial arts directors Ang Lee, to make a film out of the Chinese novel. In this film, Lee’s primary function is not only to portray skillfully choreographed fighting scenes, but also to connect powerful sequences of events that touches upon the emotional complex human condition that is associated with both the Taoist and Buddhist belief systems. By not allowing action to be the sole guiding force of the narrative of Crouching Tiger, Hidden Dragon, Lee has indeed made some adaptation to the Taoist and Buddhist philosophy. The Bamboo Forest Fighting scene adjoins all of these elements in a beautiful sequence. The clear Buddhist and Taoist philosophies shine through each element of the sequence to produce a working subtext that respects and frames the culture of the myths origin. The Bamboo Forest Fighting scene is the encounter between two of the main characters Jen Yu (Zhang Ziyi) and Li Mu Bai (Chow Yun-Fat) where they are atop bamboo trees in a duel. This is an excellent choreographed, but non-traditional fighting scene as well. The characters both seem like they are dancing with the bamboo. In Taoist philosophy returns to the principle of allowing chi to flow without struggle, and thus the Tao informs the dance-like, rhythmic, and wavy qualities of the martial arts portrayed in the sequence; Buddhism philosophy identifies the bamboo as emptiness and true mind, thus allowing Jen Yu and Li Mu Bai to calm their mind in the forest. These principles also affect the graceful martial arts style of the sequence, martial arts that occurs often, and which is surrounded by such mystery, that it becomes a character of its own. In the bamboo forest sequence, time and space become both illogical and inconsistent as time slows down, and Jen Yu and Li Mu Bai find themselves in a long branch facing each other (L. S. ). Another shot in the sequence, when Jen Yu is falling through the bamboo stems a low-angle shot makes her seem vulnerable as if the bamboo controls her; the next shot Li Mu Bai is at a high-angle shot looking towards Jen Yu, which makes him look graceful and dominant of the situation in the sequence. Time slows down to establish the peace, strength and the relationship between the characters. It is this combination of a duel revealing that establishes the psychological fine points of the characters. The characters within are not simply physical beings designed to carry out the action, but instead they are developed and complicated. Therefore, Lee not only creates multi-dimensional characters, but he also displays an acute understanding of the codes and conventions of the Taoist and Buddhist ideas. These Buddhist and Taoist principles mention are the backbone forming Li Mu Bai, but represents the basic antithesis to Jen Yu actions and reactions despite her skills of fighting. Instead of moving in harmony with the flow of chi she rebels against it. In the sequence there is a moment when they are both atop a bamboo stem and Jen Yu is trying hard to unbalance Li Mu Bai, but he looks at her with this pure innocent smile. He seems so calm and in balance with nature, because he and nature are both one. That affirms the Taoist and Buddhist beliefs. While, Jen Yu seems frustrated, unfocused, and unbalance. This specific bamboo forest sequence doesn’t have much verbal communication, but more physical in the sense of the environment and the characters. The verbal interaction is replaced by the significance of color (background) and lighting in the sequence. Specific colors and lighting were used in respect to the Taoist and Buddhist principles. Green what is mostly seen in this sequence represents quite a broad view of what is flowing within and around the characters. The green symbolizes nature, eternal life, hope, and rebirth among other things. The lighting is high key; it doesn’t draw attention to anything specific, but puts everything as one, which is part of the Taoist and Buddhist philosophy. In the bamboo forest, long shots of the natural environment are used to show he connection of the environment with Taoism. You see this simplicity, balance, oneness and connection of nature in the fighting sequence. The characters do not stand out from the landscape. They intermingle against the trees blending in with the environment. The medium shots in the sequence, especially aerials, allow a sense of the larger scene, while c lose ups of the actors during the sequence give extremely intimate moments. The camera follows angled shots to create an interesting dynamic in the bamboo forest aerial sequence, the camera literally weaves with the movement of the characters. While dynamic angled shots and weaving camerawork help the sequence, simple framing, over the shoulder shots and medium shots help restore stability and harmony to the frame. In the sequence, the harmonious framing of long shots involving the natural environment implies sadness, since nature represents the metaphor for change and passing. Such shots create a deep and light quality that filter through the sequence photography. High quality photography values give presentation to the acting values of the sequence. The sequence construction consciously seeks for balance within itself the photography, which glues the sequence distinct elements into a unified framework. In the photography of the sequence, harmonious balance and symmetry rule, and are suggestive of Chinese landscape painting, and art form also influenced heavily by Taoism. Chinese painting and Taoism are like yin and yang, for one cannot exist without the other. Indeed one might almost say that Chinese painting, particularly landscape painting, is a projection in visual terms of Taoist and Buddhist philosophy. It is a demonstration of endless process of harmonizing opposites, which goes on in the sequence. Photography and the long shots of the bamboo forest create a powerful sense by giving us the viewer a sense of dimension, as well as allowing the actors a chance to react. Overlaying the masterful photography work, the bamboo forest scene sound represents the finishing touch of the sequence, a final powerful link in the creative chain that heightens the timeless and lyrical tone. As well as taking the audience on a journey downs the emotional paths of the characters as they struggle. For the majority of the sequence sound, there is low and wistful cello that runs between sections of the bamboo forest fight sequence. It’s directed completely to make you feel a certain thing: happiness, fear, serenity, and nature. The importance of music in Taoist ceremony is demonstrated by revealing how central beliefs are reflected through elements of music such as harmony, instrumentation and rhythm. Taoists believe that music is a way to speak to the gods, to inspire religious followers and to achieve inner harmony, bringing the listener or participant closer to Tao. Tao is the path to enlightenment, the goal of all followers of the Taoist faith. We can see these principles applied to the bamboo forest scene. The character of Li Mu Bai is seeking for Jen Yu to come to harmony with herself, to enlightenment. By examining the role of music in Taoist rituals, it is evident that instrumentation and vocalization play central roles. The structure of the event has been shown to symbolize the balance ideal of Taoism. In the balanced philosophy of Taoism without music there would only be silence, solitary, alone and unbalanced. Ultimately, Lee’s final product portrays a diverse convention from the past martial arts films. He chose a powerful novel that took in respect his and his ancestors background of spirituality and religious ideals. And he flourished it into a classical Chinese cinema film that associated the teachings of the Taoist and Buddhist. The film defies the laws of logic and reality, but despite all the effort placed on the aesthetic principles, the flawless elements of mise-en-scene bought it all together.

Influential Person free essay sample

Everyone in life has a person or a group of people that has influenced him or her the most. As for me, that one special person is my father. My father comes from a strong, religious family of twelve with two brothers and a twin brother who died before reaching three months old. Both of his parents passed away when he was 19. He then moved to Guam and lived on his own until he received his Associates Degree in Accounting. Upon receiving his degree, he returned home to American Samoa to trive to be successful in any possible way that he could. My father is a really hardworking man that will possibly do anything to help his family, church, and community; thus, is one of the reasons why hes the most influential person in my life. He is the backbone of our family and is someone I can always count on. We will write a custom essay sample on Influential Person or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Life during his time was difficult due to poverty and the lack of technology, but my father was able to push through, risk little that he had, and start his own business. In fact, is business is still in operation up to this day and is our familys main source of wealth. With my father coming from a very religious family, I too was raised in one. Ever since I was a young girl, my father made me attend all church activities yet I never really wanted to. Not only did he have me go to all church ministries, but he also planted a seed in my heart through family prayers and Bible studies at home. His perseverance in pushing me to be a devoted Christian has helped me become a better person in many ways. I have now grown up to learn how to love, respect, and to be polite although it may be really hard and tough at times. My father is really special and dear to me not only because hes an amazing and loving father, but because his ways and teachings has brought me to where I am today and has shaped me into a decent young woman. He has made such an impact in my life in which I could never ask to have another father or trade him for anyone else, for I am more than satisfied, happy, and grateful with whom he is as a father to me. Influential person free essay sample The most influential person in my life would have to be my mother, Dolores. She has showed me how to be a hard working woman, how to care for others even though we don’t have the time or money to care for ourselves sometimes, and how to be a strong and independent woman. (more) Influential Person free essay sample Sussudio Hollis Hollis 1 English 093 Ms. Davis 07-13-2010 Most Influential Person My mother has reached many obstacled in her lifetime. Since I was a little girl, her love for me has made me a better person. She has showed me the importance of an education, having faith in God, the importance of career goals, my appearance and my attitude. My mother knows how important these life choices are and have taught me that if I continue to follow them, I will be very successful in life. Education has been very important in my household. My mother has implanted this in not only me, but also my siblings. Making good grades in school since I was in grade school was always her number one priority. She always told me to do my best and thats all she could ask for. Her believing in me motivated me to believe in myself. My mother was a graduate of Ensley High School. We will write a custom essay sample on Influential Person or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page She went on to Miles College where sshe received a Bachelors Degree in Social Working. My mother kept the belief that in order for me and my brothers and sisters to succeed, she had to continue hereducation so that she could be a role model for us to look up to. Her success in education as motivated me tremendously. Having faith in God have always been my mothers belief. This was implanted in her from my grandmother and grandfather. She taught me that God can help me through anything. She made sure that I was baptized when I was a little girl. My mothertaught me how to pray and read the bible. She always told me that as I grow up in life, always allow God to guide me down the right path. If I stumble along the way, God will always pick me up. Through all of her stumbles, God has picked her up and made her who she is today. I admire my mother for continuing to talk about God and making me know how important he is in my life. My mother career goals were very successful. She always told me to get a high school diploma and then a degree. This is exactly what she did. My mother has a great job and is very proud. Her going back to college motivated me to go back. I attended college before but I did not finish. I ended up getting a dead end job that paid minimal wage. This did not sit well at all with my mother. She told me that I was not sticking to my goals and that I should sit down and reevaluate my life. My mother showed me how imporatant college is. I know now that without a college degree, I will not find a good paying job. My mother definitely made me put my career goals back on track and to her I am thankful. My mother has a great appearance and attitude. She dresses neat everyday and always starts her day with a smile and a greeting. Always be polite, she tells me. When my mother enters a room, the entire room lights up. She has always told me that appearance is everything especially when I am trying to get a job. My mother believes that a nice appearance, a great smile, and knowledge from an education will get me a great job in the future. In conclusion, my mother has been a great role model in my life. She has influenced me to make good life choices. The impact that my mother have on my life will give me the courage to motivate my own children some day. She is my greatest admirer because she never gives up on life and lives each day like its her last. She is truely a strong woman and I love her very much.