Landmark Criminal Law Cases: Cross Burning, Felony Murder Explored

Abstract

Institutional Affiliation 16th March 2021 [Author] Virginia v. Black, 538 U.S. 343 (2003) FACTS This case involves three defendants put on trial for cross burning with the intent of menacing and found guilty by a jury. This was under the laws of Virginia regarding cross burning since the object create panic to an individual or a gathering. According to the interpretation of prima facie, the act of cross burning is considered as evidence enough to stand trial. The verdict was supported by Virginia Supreme Court and was petitioned by the three defendants. ISSUE Does the interpretation of the Virginia laws of cross burning under the prima facie violate the First Amendment of the United States Constitution, right to free speech? COURT DECISION YES. The trial court viewed cross burning as an act that is a trait of actual danger since it causes panic to the victims. However, the appeal court also concluded that the Virginia laws were forwardly unconstitutional due to the understanding derived from prima facie evidence provision by the judges. SIGNIFICANCE I think cross burning is a serious offense that should not be overlooked. The case is a turning point to the safety of people in public and private properties since the Supreme Court supported the Virginia laws making cross burning as an illegal activity that is conducted with evil intent of causing fear. The court also turned down a stipulation of Virginia statute that permitted judges to conclude the intention of threatening derived from cross burning in public. It is important to note that abhorrence may be articulated, however, the law forbids expressing hatred through intimidating people with the possibility of physical harm. Tison v. Arizona, 481 U.S. 137 (1987) FACTS The case involves two petitioners (Ricky and Raymond), the sons of Tison who was serving life sentenced for killing a guard during prison...