2. Scott v. Sandford
Scott sued his master, Dr. John Emerson, to gain his
freedom. He was born as slave in Virginia, and was later bought
in Missouri and moved to Illinois(a free state). Later he moved
to present day Minnesota, in Fort Snelling. The Missouri
Compromise of 1820 prohibited slavery there. After his owner
died and they moved back to Missouri, Scott asks his new
owner, Mr. Emerson’s widow, if he could work for money, with
his main goal being to buy his own freedom. She refused, and
Scott sued for false imprisonment, as well as battery. The case
took so long that Mrs. Emerson moved and her brother, John
Sanford, gained ownership of Scott.
Scott argued that Emerson had been keeping him
illegally. Also, he stated that once he entered a free territory, he
should be considered free.
3. Defense Arguments: Scott v. Sandford
The defense argued that because Scott had lived in a territory
where slavery was illegal, he could never again be enslaved.
4. Summary and Amendments Involved/
Created: Scott v. Sandford
The supreme court sided with the prosecution
because he was originally a slave, so the right to
freedom was never granted to him. He was
property, and therefore can’t be free. The fifth,
thirteenth, and fourteenth amendments all played
roles in this decision.
5. New Jersey v. T.L.O
A teacher at Piscataway High School in New Jersey
found two girls smoking in a restroom. Smoking is a
violation of school rules. The two students were taken to
the principles office. One girl admitted to smoking and
the other girl,( her initials are T.L.O.) wouldn’t admit it.
Then, T.L.O.’s bag was searched by the assistant vice
principle and they found rolling papers, marijuana, a
pipe, empty plastic bags, a large amount of money, an
index card, with students that owed the girl money, and
letters that showed that T.L.O. had been dealing
marijuana.
T.L.O had delinquency charges brought against her in
Juvenile Court.
6. Defense Arguments: New Jersey v.
T.L.O
New Jersey defense against T.L.O’s argument was
that the vice principal's search of the purse wasn’t
unreasonable because a teacher had informed the
vice principal that T.L.O. had been smoking. This
report was a reason for the vice principal to have
probable cause to suspect a school rule had been
broken. When the vice-principal was searching for
the cigarettes, the drug-related evidence was in plain
sight.
7. Summary and Amendments Involved/
Created: New Jersey v. T.L.O
The court sided with the school. The court ruled
that while in school, the principles could search
students without a warrant as long as they had
probable cause.
8. Miranda v. Arizona
Ernesto Miranda is from Phoenix, Arizona. In
1963, after a crime victim identified him in a
police lineup, he was arrested. While in police
custody, he was interrogated for two hours. The
police officers who did the questioning, did not
inform him of his Fifth Amendment right against
self-incrimination, or of his Sixth Amendment
right to the assistance of an attorney.
9. Defense Arguments: Miranda v.
Arizona
The defense argued that because Miranda
was convicted of a crime in the past, that he
should therefore know his rights to a
lawyer and the right to not self incriminate
yourself.
10. Summary and Amendments Involved/
Created
Denied his appeal and upheld the
conviction, but also ruled that police
officers must uphold the fifth amendment
by stating your right to not incriminate
yourself(right to remain silent).
11. In summary
Although there are many landmark cases, and
not all are decided in the same way, the all have
a substantial impact on society for future
generations.
Cases:
Scott v. Sandford
New Jersey v. T.L.O
Miranda v. Arizona
James Sheahan