JQ: Checks and Balances - 12/19/2011
Identify the different ways that checks and balances are evident in this story... there should be examples both from between branches and within branches. Explain.
Constitutional question:
The constitutional question here is determining or not if the Federal meat Inspection Act, which basically allows slaughterhouses to keep animals that can’t walk for observation, for evidence of disease, does this prevent a state law that determines animals like that to be immediately killed.
Facts of the case:
· The Federal meat Inspection Act is basically an act that is concerned about animals that are going to become meat.
· Slaughterhouses in California.
· California made there own rules which is basically allowing them to handle or take care of or observe animals that cannot walk.
· The right to purchase animals like any type of receipts was also banned in California.
· Can’t sell meat if the animal was originally with the swine that didn’t allow it to walk.
· The animals that can’t walk are caused by transportation.
· 220,000 swine die during transportation
· 440,000 become unable to walk during transportation.
· Are animals suitable to turn into meat?
· Inspections?
· Humane treatment to animals that can’t walk. Do whatever they want to the animal.
Summary of the Arguments before the SCOTUS:
The argument before SCOTUS appears argues and states the overall points of the case. Mr. Wells, on behalf of the petitioner, states the rules that the California slaughterhouses have given themselves, which is basically handling animals that cannot walk. The case here is argued among Steven J. Wells, Justice Scalia, Justice Kagan, Justice Sotomayor and Justice Alito. One main thing that has come to their attention is the point in which California has banned all receipts for animals. Therefore not allowing any evidence of a purchase from an animal. The situation ended up leading to another case, which involved meat sales, receipts of purchase and such. Meat sales happens to be one of the main steps involved in the process of the slaughterhouse argues one person. Human treatment and food safety are other points made here. How is it that people could sit and sell food yet not knowing much about the health of the animal, this here can lead to health issues among people who buy the meat. The main focus now is the fact as to, why animals are unable to walk, which could be from transportation to the slaughterhouses and could be from the swine disease in, which the animals carry. There were multiple points brought up but the main one had to do with the process in, which animals become unable to walk.
Predictions on the outcome:
I am not sure what to thin actually I mean I completely disagree with the slaughterhouses in California and their rules. I believe they are the ones who will lose the case because of cruelty. Well not exactly cruelty to animals but the point as to, where they are handling and dealing with animals that can’t walk in the way they want to handle them.
According to http://www.scotusblog.com/case-files/cases/lafler-v-cooper/ the case Lafler v. Cooper is about When a criminal defendant turns down a plea offer based on seriously deficient advice from his lawyer, and then receives a harsher sentence after being convicted by a jury after a fair trial, can the defendant later seek to overturn his sentence on the ground that his counsel was unconstitutionally deficient in advising him to reject the more generous plea offer? If so, what is the proper remedy for ineffective assistance of counsel in that situation?
According to http://www.americancriminallawreview.com/Drupal/blogs/blog-entry/lafler-v-cooper-attorney-mistakes-plea-bargaining-and-remedies-09-25-2011 the way this case came about is Among other charges, the respondent, Anthony Cooper, was charged with Assault with Intent to Murder for shooting Kali Mundy and inflicting life-threatening injuries. Although Cooper had aimed the gun at Mundy’s head, the bullets ended up hitting her in the buttocks and thighs. After the preliminary hearings, the prosecutor communicated an initial plea offer to Cooper’s attorney that allowed Cooper to plead guilty to assault with intent to murder and face a minimum sentence of 51 to 85 years imprisonment.
Cooper testified that he wanted to plead guilty but that his attorney advised him not to take the deal. Cooper’s attorney informed him that because the victim was shot below the waist, the government could not prove an assault with intent to commit murder charge. The prosecutor later offered a second plea deal of a minimum sentence of 126 to 210 months but Cooper again rejected the plea based on his attorney’s advice. The case went to trial and the jury found Cooper guilty on all crimes charged. He was sentenced to 185 to 360 months of imprisonment.
Sixth Amendment to the United States Constitution
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
This goes with is case because this amendment shows that a person on trial has the rite to have a say so in his or her case no matter what even if there is a error and has the rite to speak up. So because a attorney does not make the right decision he or she has the rite to speak up and say he or she objects.