Crim discus unit4 Essay Example | Topics and Well Written Essays - 250 words

Crim discus unit4 - Essay guinea pigEdwards F.3 d 117 C. A.8 (mo)1998 (McGraw 2011,para 2). The U.S Circuit Appeal Court upholds the conviction and finds that the District Court did not error in finding the accused guilty. I agree with the innocence project comments because the process of the Court of Appeal errors in stating the facts.The court of appeal misstates that the defendants where first prosecutors suspect while the defendants got arrested after eight (8) years. Secondly, the Court admits evidence of preceding(a) theft from the Construction Comp both while there is evidence that nothing got stolen from the site. I agree with the view of J OConnors in the case of Virginia v. Black, 538 U.S 343 (2003) (Find Law, 3012, par. 4) that Virginia fluff- force outing statute, is unconstitutional. The statute provides that, the intention of a person to burn or cross others property should be to intimidate. J OConnor held that some cross burnings area political preparation. I disa gree with the dissent that the Virginia Statute is Constitutional.The First Amendment of the U.S.A constitution prohibits the making of any law that impedes freedom of religion and infringes the freedom of the press. The freedom is not absolute States can ban expression amounting to threats and unlawful expressions such as pornography. The Virginia statute generalizes burning a cross on others property to be evidence of intimidating hence violating the room for political expression. Therefore, for the statute to declare every burning a cross unlawful and by placing the burden to proof on the defendant remains misplaced and