Factors influencing decisions of Plessy v. Ferguson, 163 U.S. 537 (1896)
What factors influenced each of these decisions? Read the dissenting opinions as well. Explore to what extent political ideology influences constitutional law. To support your points identify specific examples in the language of both decisions and dissents. Examine political climate when both cases were decided. Look at what philosophical underpinnings may have influenced the thinking of the court of the respective eras of these cases. How did the courts in each era read the U.S. CONSTITUTION differently?
The rulers of the constituency use to apply several different types of law and Act in order to keep the rule and regulation of the constituency as well as the law and order of the constituency. These Acts generally use to keep peace in the specific constituency (Finkelman, 2009). One of the examples of these types of Act is the “Separate Car ACT”, as per this Act the US national use to get separate but equal right. According to the Act the Railroad provide separate compartment or sitting arrangement to the passenger as per their racial identity the white citizen have separate sitting arrangement as well as the colored citizens have separate sitting arrangement or separate compartment. Moreover, as per the Act the citizens of US have to obey the rule and as per their race they have to accommodate their position in the rail compartments. Besides this, violation of the rule can lead to adverse consequences to the citizens (Justia Law, 2016). Besides this, there is Act, which protect the right of the accused, means by this Act the accused have some basic rights and that should be full filled by the authority of the constituency. In order to discuss the Legal consequence where the political factor as well as current situation of the country influence the constitutional law, there are two important cases has been undertaken. Moreover, as per the two cases the discussion will be continued. The political factors and conditions of the constituency have great influence on the legal procedures. In the two cases “ Plessy V. Feruson, 163 U.S. 537 (1896) and Miranda V Arizona, 384 U.S. 436(1966) two different aspects of political influence of the legal procedures can be observed and that will be discussed in this easy.
In the case of the plessy v. Ferguson, 163 U.S. 537 (1896), the “Separate Car Act” of the Louisiana was seemed to be challenged as for the violation of the 13th and the 14th amendments for the constitution. For the deliberating the judgement, Mr Justice Brown cancelled the disagreement of the Plessy. The opinions of the justice Brown in judgement clearly indicate the mood of the society at the ages of the 1970. It thereby provides the mirror for the customs and the usage in the society is taking place with the help of the creation of the reflection on the rights with the consideration of the particular era of law. It also reflects and accepts the considered rights by the bulk of the people of the picky era (Phan, 2004). It has been clearly proved from verses of the Justice Brown is that judgement also even considered the racisms context with the consideration of the Whites and the Blacks. Henceforth the consideration of the people also helps in the consideration of the acceptable activities never mingle with the biased ideologies pursued the periods of the plessy v. Ferguson. It thereby also focuses of the separation of the equal ensuring of the laws for the creation of the equal political ideology. This political ideology provides the essence that was followed during the times of the plessy v. Ferguson in order to endure that the law was equal for all with the separation of the essence of different cases. In this case of plessy v. Ferguson, 163 U.S. 537 (1896), the decision of the regulation of the district court helps in the creation of the conduction with the separation of the acts for the blacks and the whites. It also helps in the creation of equality for the appropriate consideration of the case plessy v. Ferguson, 163 U.S. 537 (1896). With creation of partitioning the two coaches, the races are seemed to be discriminated and thereby the plessy was found to be guilt for case and there by the factors are also mentioned above.
Factors influencing decisions of Miranda v. Arizona, 384 U.S. 436 (1966)
Miranda v. Arzona 384 U.S. 436 (1966), was significant verdicts that laid behind the constitutional rights of the indicted. In history, it is considered as one most famous case that was given in light of increasing brutalities on accused and suspects by the police which led to strained declaration of guilt of the offence by accused. The court gave decision in respect to the right of the suspects and of preventing forced confessions that are being used as the evidence in favour of prosecution. In this case, legal issues was solved which was essential for the law enforcing administrators to notify the charge of guaranteed rights by the constitution and the statements made by verdict who are subjected to the custodial questioning by police during the prosecution of the individual was informed under 5th amendment of constitution of his privilege. The test of totality of the circumstances or voluntariness was commonly employed by courts in order to determine the admission permissibility by accuse in the criminal matter (Barker 2005). The decision was engaged on the basis of case as to whether confession or admission completed by accused is allowable as the confirmation in prosecution. The question arises is that the admissibility is being determined on randomly and also on base of pressure amount that the police exerted on accused. The court arrived on decision that the accused was not treated by police very badly and it would permit admission prepared by suspects to police. The accused would have demonstrated the substantial force used by police and declaration of guilt of suspects should not be legally recognized which the prosecution must use. The indistinctness in the case considered as one of most significant factors that have prejudiced the decisions on case of Miranda (Mann 2009). The Supreme Court reversed the conviction of the Miranda. Warren, the chief justice held that an individual deprived from his freedom should be informed of his rights and should be warned of what he says that could be used against him in law court. Therefore, he should inform about all his rights to have a legal representative present during the investigation. The person can ignore his rights once he was warned at his discretion. Justice White and Justice Harlan gave a dissenting opinion. The Justice Harlan explains that the rules not informed because the suspect would be protected from the police brutality. The Justice White states that the urge is natural in custody and statement could not be made in the protection unless a protective device is prescribed by court are to be employed. The Justice White states that it was not suitable for criminal justice system (Shaw 2003). The mainstream conclusion in the following case was the demonstration of the poor understanding of the constitution law.
Examine political climates for both cases
The political ideology also helps in the provision of the consequences with the creation of the essence3 of the “Separate Car Act” that helps in the accommodation of the whites and the blacks in the rail road car with the consideration of equality between each other. It thereby enhances the ulterior discrimination against the blacks and henceforth the law decides the enhancement of the sense of the equality in between the races and thereby avoids racism. As per the statute of the Justice Brown, the statute implies the enhancement of the discrimination of the races in amid the whites and the coloured races difference which provides colours of two races (Supreme Court of the United States. Plessy v. Ferguson. May 18, 1896, 1896). It also helps in the creation of the distinction which creates the ability for the legal equality rising with the enhancement of the political ideology of the two races and thereby the re-establishment of the two races takes place with the creation of the state of the involuntary servitude. The above judgement provides the window for the mind which helps in the creation of the similarity in favour of the creation of the discrimination with the creation of the segmentation as per the law. Brown showed the movement of the equality in between the blacks and the whites with the creation of the society gained forces which helps in securing the movement. These types of the racial discrimination of the laws in the 17th and the 18th centuries provide the reflection on the resentment among the people with the creation of protection against the discrimination among the blacks and thereby the amendments are made by the constitution to abolish the slavery and forced servitude. A long opinion was issued by the opinion of the issued by the John Marshall Harlan which showed to the acceptation of the inappropriate distinction of the citizen with the creation of the basic race and also helps in creation of hatred among the races (Tushnet, 1997). It also provides the judgement of the inferiority in between the races thereby creating a sensitive reason for the black. It also helps in the creation of the pernicious decisions made by the creation of the tribunal in the Dred Scott Case.
In the case of Miranda v. Arzona 384 U.S. 436 (1966) decisions has been criticized by saying that it was biased towards the criminals and adversely affecting the public safety and society. In the late 1960s the decisions were taken, the courts have take decisions to balance the rights of safety and suspects. In the 1980s and 1970s where courts in different cases relieve decisions in Miranda and authorized the protection officials control in order to compel the confession from the accused by not providing information and details about their human rights (Watson, Gleeson and Higgins 2013). The decision taken in Miranda case, in 2000 was upheld by 2 to 7 majority in matter of the Dickerson V. United States and it was showed that there was no explanation before the court for the Miranda that to be overruled and it had become the part of routine procedure. The decision shows the perception of judge and courts that ensure far trial to accused that has transformed the decision in Miranda into a everyday practice that to be followed by the law officers.
The political factors and the political situation have great impact on the legal procedure of the court. These factors greatly influence the legal procedure of the constitution. In this easy, there are two different case of two different century has been undertaken in order to discuss the influence of the political factor on the legal case (HISTORY.com, 2016). In the first case of “ Plessy V. Feruson, 163 U.S. 537 (1896) it can be seen that in US there was separate car Act for their citizen. Moreover, according to the Act the sitting arrangement and space of the passenger in a rail would be determined by their colors and races. There are separate compartment for the white people and the colored people. Moreover, as per the Act the people are liable to take places in the compartment as per their race and violating the act proved harsh punishment to the citizen. Here in the case Plessy a colored people with a first class ticket entered to the compartment reserved for the white people. Moreover, after the railway officer fined him he complained that his fundamental right was violated (Supreme Court of the United States. Plessy v. Ferguson. May 18, 1896, 1896). Whereas, in the case of Miranda V Arizona, 384 U.S. 436(1966) the convicted Miranda appeal that his accused right has been violated.
Phan, H. (2004). ‘A race so different’: Chinese exclusion, the slaughterhouse cases , and Plessy v. Ferguson. Labor History, 45(2), pp.133-163.
Supreme Court of the United States. Plessy v. Ferguson. May 18, 1896. (1896). The Virginia Law Register, 2(5), p.327.
Tushnet, M. (1997). "Plessy V. Ferguson" in Libertarian Perspective. Law and Philosophy, 16(3), p.245.
Barker, David. 2005. Essential Australian Law. Sydney, N.S.W.: Cavendish.
Mann, Trischa. 2009. Australian Law Dictionary. South Melbourne, Vic.: Oxford University Press.
Shaw, Malcolm N. 2003. International Law. Cambridge, U.K.: Cambridge University Press.
Watson, J. A, Justin T Gleeson, and Ruth C. A Higgins. 2013. Historical Foundations Of Australian Law. Annandale, N.S.W.: Federation Press.
Finkelman, P. (2009). Encyclopedia of African American history, 1896 to the present. New York: Oxford University Press.
HISTORY.com. (2016). Plessy v. Ferguson - Black History - HISTORY.com. [online] Available at: https://www.history.com/topics/black-history/plessy-v-ferguson [Accessed 8 Aug. 2016].
Justia Law. (2016). Miranda v. Arizona 384 U.S. 436 (1966). [online] Available at: https://supreme.justia.com/cases/federal/us/384/436/case.html [Accessed 8 Aug. 2016].
Supreme Court of the United States. Plessy v. Ferguson. May 18, 1896. (1896). The Virginia Law Register, 2(5), p.327.
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