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Analysis of cases under the US constitution in relation to the laws laid by United Nations

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Adjunct Professor, Education
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About the document

Christopher L.
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  1. Questions presented
  2. Statement of the case
  3. Statement of facts
  4. Summary of argument
  5. The victim and the court's decision to deny the victim's request to be heard at plea proceedings
  6. The victim's rights
  7. Denial of the victims right
  8. Conclusion
  9. Endnotes and references

Wanta B. Heard, the victim, filed a notification request form after indictment of the defendant for the crime of rape. The State and defendant worked out a plea agreement to plead guilty to second-degree assault with a one-year sentence. Heard requested to speak with the court regarding the plea. The court denied Heard's request without hearing from her. However, the court stayed further proceedings to allow Heard to seek judicial review in the appellate courts. Wanta B. Heard was the victim of a 1st degree rape with a handgun, which resulted in serious physical injuries and mental trauma. The State and Defendant worked out a plea agreement of second-degree assault with a one-year sentence. Heard recommended that the court not accept the plea.

[...] amend (victim can attend all crucial stages of the proceedings, to the extent attendance does not interfere with constitutional rights of defendants); Alaska Const. art. I (victim can attend all proceedings the defendant has a right to attend); Ariz. Const. Art. II 2.1 (victim can attend all proceedings in which defendant, prosecutor, and general public have a right to attend); Colo. Const. art II, 16a (victim can attend critical procedures); Fla. Const. art. 16(b) (victim can attend critical proceeding, to extent attendance does not interfere with defendants' rights); Idaho Const. [...]


[...] Article 7 states, are equal before the law and are entitled without any discrimination to equal protection of the law.? Article 8 states, ?Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.? The pertinent part of the UNDBJP to the case at hand is part 4 and part 6. Part 4 states, ?Victims are entitled to access to the mechanisms of justice and to prompt redress, as provided for by national legislation, for the harm that they suffered.? The escape clause for possibly saying that victims in the U.S. [...]


[...] These official UN documents were endorsed by the General Assembly of the United Nations that the U.S. is an original member. They state that all persons are allowed equal protection under the law and victims are allowed prompt redress to wrongs against them. ARGUMENT I. THE VICTIM HAS STANDING TO APPEAL THE COURT'S DECISION TO DENY THE VICTIM'S REQUEST TO BE HEARD AT PLEA PROCEEDINGS. The current Maryland Victim's Rights Amendment to the Maryland Constitution gives victims a statutory right to be heard and attend a criminal proceeding.[i] Since the victim has a statutory right to be heard at a criminal proceeding, the victim must also have standing to challenge. [...]

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