The Background of Roth v. United States

Roth v. United States was a landmark case heard before the United States Supreme Court. In Roth v. United States, the United States Supreme Court redefined the United States Constitutional test that was used to determine what constitutes obscene material that was left unprotected by the First Amendment.

Samuel Roth ran a literary business in New York City and was convicted under a federal statute for sending obscene, lewd, or filthy materials through the mail for advertising a publication titled American Aphrodite.

Roth v. United States Trial:

Roth v. United States was decided as a 6-3 decision; the Court defined obscenity as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material that meets this test could be labeled and subsequently banned as being “obscene.”

In 1973, in the Supreme Court Case Miller v. California, a five-person majority agreed on the creation of a test for determining constitutionally unprotected obscenity—this test effectively superseded the Roth test.

The Case Profile of Roth v. United States

The following is a case profile of the legal trial eponymously titled ‘Roth v. United States’:

Date of the Trial: Roth v. United States was argued on April 22 1957.

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

United States Reports Case Number: 354 U.S. 476

Date of the Delivery of the Verdict: Roth v. United States was decided on June 24, 1957

Legal Venue of Roth v. United States: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice Earl Warren

Verdict Delivered: In Roth v. United States the courts stated that obscenity is not protected by the First Amendment. In addition to this ruling, the United States Supreme Court created a test that would more accurately and strictly define “obscene materials.”

What are Case Studies?

Case studies are common research methods incorporated within the field of social science.  Case studies therefore require the exhaustive evaluation and studying of a person, a small group of individuals, a single situation, or a specific case. Case studies are developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven. For example, a common social case study may reveal that obese people tend to drink a lot of skim milk. This information and subsequent conclusion would reveal that there is a direct correlation or at least an association between being obese and drinking skim milk. Although there is no scientific evidence that links drinking skim milk to obesity, case studies in this example, simply reveal a correlation between the two.

The evaluation of case studies is based on the in-depth investigation of a single individual, a group, or a specific event. As a result of this somewhat broad definition, case studies may be descriptive or explanatory in nature. The latter form is typically used to explore causation in order to find the underlying principles of a particular legal matter or social phenomenon.

As oppose to using samples and following a strict set of rules or a protocol to examine a limited number of variables, case studies will incorporate various methods that involve an in-depth examination of a single incident or a particular case. Case studies provide a systematic method to accurately investigate information, collect data, analyze information and report the results of a particular legal matter. As a result of these characteristics and general benefits, a researcher participating in case studies may gain a sharpened understanding of why the particular instance occurred as it did and what may become critical to further research and review. Case studies, through these benefits, lend themselves to both testing and generating hypotheses.

Case Studies as Research Strategy:

Another common suggestion aligned with case studies is that the method can be regarded as a researched strategy or as an empirical inquiry that investigates an odd occurrence within a real-life context. Case studies, as a research tool, means single and multiple case studies will include quantitative evidence, will rely on multiple sources of evidence and will benefit from any prior research or development of the underlying theoretical propositions.

Case studies are held separate from quantitative research; additionally, case studies can be founded and based on any combination of quantitative or qualitative evidence.

Structure of Case Studies:

A typical case is often not attached to a plethora of information; to clarify lines of causation it is typically more useful to evaluate subjects that offer a revealing set of information aligned with the particular case. As a result, a case selection that is primarily based on representatives or individual subjects will rarely be able to produce particular and exacting bits of insights. When selecting a subject for case studies, a researcher will use information-oriented sampling as oppose to random sampling.

What is a Case Study?

Case studies are distinct research methods incorporated within the field of social science.  Case studies require the exhaustive evaluation in alignment with the studying of a person, a small group of individuals, a single situation, or a specific case. Case studies are developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven.

For example, a common social case study may reveal that a lot of criminals tend to look at or purchase pornographic material. This information and subsequent conclusion would reveal that there is a direct correlation or at least an association between committing crimes and purchasing pornography.  Although there is no scientific evidence that links observing pornography to committing crimes, case studies in this example, simply reveal a correlation between the two.

The evaluation of case studies is based on the in-depth investigation of a single individual, a group, or a specific event. As a result of this somewhat broad definition, case studies may be descriptive or explanatory in nature. The latter form is typically used to explore causation in order to find the underlying principles of a particular legal matter or social phenomenon.

How do Case Studies Work?

As oppose to using samples and following a strict set of rules or a protocol to examine a limited number of variables, case studies will incorporate various methods that involve an in-depth examination of a relationship, a single incident or particular legal matter. Case studies provide a systematic method to accurately investigate information, collect data, analyze information and report the results of a particular legal matter. As a result of these characteristics and general benefits, a researcher participating in case studies may gain a sharpened understanding of why the particular instance occurred as it did and what may become critical to further research and review. Case studies, through these benefits, lend themselves to both testing and generating hypotheses.

Case Study Examples:

Common case study examples, in the modern era, will evaluate consumer behavior. These forms of case study examples, for instance, will evaluate why today’s consumers are cutting out needless purchases and getting rid of gadgets or gizmos that don’t add value to their lives. These case study examples will elucidate on why consumers will migrate to brands that express these particular values.

Other forms of case study examples will evaluate human behavior and the direct effects that lifestyle choices or consumer choices pose on the environment. Environmental case study examples, during the modern era, are extremely common to help quell some critical environmental problems. Directly linked into this category are case study examples that evaluate the benefits of various alternative energy sources. These forms of case study examples are distributed and evaluated to help reduce our reliance on foreign oil.

What is a Case Study?

A case study is a research method that is incorporated within the field of social science.  Case studies require a thorough evaluation that is predominantly aligned with the behavioral issues of a person or a small group of individuals.

A Case study will be developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven. For example, a common social case study may reveal that a large percentage of criminals tend to look at or purchase pornographic material. This information and subsequent conclusion would reveal that there is a direct correlation or at least an association between committing crimes and purchasing pornography.  Although there is no scientific evidence that links observing pornography to committing crimes, case studies in this example, simply reveal a correlation between the two.

All case studies aim to elucidate on a social phenomenon that denotes the presence of a relationship between goods, individuals or other entities. Regardless of the subject matter or the type of relationship being investigated, all of the research methods must incorporate a formal case study format.


Case Study Format and How to Write a Case Study:

A case study may be used in an academic or professional setting as a thorough and unique research method. Although there are several types of case studies (exploratory, illustrative critical instance, medical, narrative and cumulative) there are a few basic guidelines on how to write a formal case study and how to formulate a case study format.

To conduct a case study using proper case study format, you must first construct a template that will act as your guideline throughout the evaluation and writing process. This case study format and the guideline attached will improve how the document is organized, as well as how the document looks, feels and reads.

Following the creation of a guideline, to properly follow case study format, you must draw your reader in with a unique and catchy title. The title of the case study should attract the reader and pull them into keep reading. When you begin writing the paper, you must first identify the problem that is being explored within the case study.

Exploring the problem, in alignment with a formal case study format, will incorporate your ability to include a suitable or effective case/effect theory. When doing this you must give as much background as possible. During this process you must discuss the possible solution and how the specific issue was specifically resolved—when you are explaining the resolution you must elucidate upon which methods were used in the process.

After you have resolved the issue, proper case study format requires you to describe the benefits of the study. Describe how the benefits affect the group to which your case study is aimed.

Proper case study format requires you to utilize general-to-specific-to-general approaches; this approach should be used because it grasps the reader’s attention and the reveals how it applies to the group as a whole.

The Background of United States v. Morrison:

United States v. Morrison is a landmark United States Supreme Court decision which stated that parts of the Violence Against Women Act of 1994 violated provisions of the United States Constitution because they exceeded congressional power under the Commerce Clause and more specifically, under section 5 of the Fourteenth Amendment to the United States Constitution.

The Violence against Women Act of 1994 contained a provision for a federal civil remedy to victims of gender-based violence, even in those instances when no criminal charges were filed by the victim. The case of United States v. Morrison revolves around Virginia Tech freshman college student, Christy Brzonkala, who was allegedly assaulted and raped by Antonio Morrison and James Crawford—members of the University’s football team.

School-conducted hearings proved futile, for the Court proceedings failed to punish both Morrison and Crawford. Furthermore, a subsequent state trial could not find sufficient evidence to either man; however, Brzonkala then filed a separate suit under the provisions of the Violence against Women Act.

The United States District Court for the Western District of Virginia stated that the United States Congress lacked authority to enact the provision within the Violence against Women Act. Brzonkala then appealed the decision where a three-judge panel of the Court of Appeals for the Fourth Circuit reversed the decision 201. The Supreme Court of the United States then affirmed, in a 5-4 decision, that the United States Congress lacked the authority under the Commerce Clause or the Fourteenth Amendment to enact the law.

The Case Profile of United States v. Morrison:

The following is a case profile of the legal trial eponymously titled ‘United States v. Morrison’:

Date of the Trial: United States v. Morrison was argued on January 11, 2000

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

United States Reports Case Number: 529 U.S. 598

Date of the Delivery of the Verdict: United States v. Morrison was decided on May 15, 2000

Legal Venue of United States v. Morrison: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice William Rehnquist

Verdict Delivered: The United States Supreme Court stated that the Violence Against Women Act of 1994 and the provision within the act, is unconstitutional for it exceeds congressional power under the Commerce clause and also under section 5 of the Fourteenth Amendment to the United States Constitution.

What are Cases?

Cases, in the scope of the law, refer to an official legal review of a dispute between opposing parties. Court cases will evaluate any number of legal issues that arise between opposing parties; the severity of the charges and the subject matter revolving around a court case will vary based on a case by case circumstance.

There are two predominant types of court cases: civil and criminal. Within each court case; however, there is a defending party (individual or party who is defending the claims made against them) and an accusing party or plaintiff who seeks justice for the alleged wrongdoing precipitated by the defending party.

Types of Cases:

Civil Cases: Civil cases, commonly known as lawsuits, begin when a plaintiff files a legally binding document called a complaint with a court system. The complaint, which initiates all civil cases, informs the court of the wrongdoing that took place and was precipitated by the defendant and caused the plaintiff to allegedly suffer some form of physical or monetary damage. Civil cases, similar to all forms of legal cases, aim to find a resolution or legal remedy to the underlying problem.

A civil case, when compared to a criminal case, can be resolved outside of the courtroom through arbitration or mediation. These forms of remedy may take the form of an injunction (which requires the defendant to perform or refrain from delivering some sort of action), an exchange of money (or a settlement), or a declaratory judgment, which will determine that the plaintiff has established legal rights that cannot be infringed.

In a civil case, the plaintiff must make a genuine effort to inform the defendant of the case through a service of process. This procedure informs the defendant similar that the plaintiff filed a complaint or legal matter with the underlying court. At any point during civil court cases, the parties may agree to partake in a settlement, which effectively ends the case, although in some situations, such as in class action lawsuits, a settlement will require court approval in order to maintain its legal binding status.

Criminal Court Cases: In common law jurisdictions, criminal court cases begin when a person suspected of a crime or felony is indicted by a grand jury or charged with the offense by a government official (district attorney or prosecutor).

Similar to civil court cases, all criminal court cases may also be settled before a formal trial; this process, which is known as a plea bargain, is offered in some jurisdictions and will be made available in alignment with the severity of the allegation. If a person does not attend a trial on their scheduled court date, they will incur additional penalties.

Fundamentals of all Cases:

All cases, whether civil or criminal, are based off the idea that any dispute will be resolved when a legal procedure is attached to the issue; the legal procedure in all court cases will evaluate all evidence and facts involved in the case. The legal procedure, thus, determines the truth of the issue with respect to claims of guilt, liability, innocence or a lack of fault.

The Background of United States v. Nixon:

United States v. Nixon was a landmark decision offered by the United States Supreme Court. The case revolved around the Watergate scandal, which began during the 1972 presidential campaign—a race between Democratic Senator George McGovern and incumbent Richard Nixon.

On June 17 of 1972, before Nixon claimed the election, five burglars broke into the Democratic headquarters located inside the Watergate building complex in Washington, D.C. Nixon, in response to the break-in at the Watergate, appointed a special prosecutor to investigate the incident for the Federal Government of the United States. In April of 1974, Leon Jaworski—the acting prosecutor—obtained a subpoena, which ordered President Nixon to release tapes and documents relating to specific meetings between the President and those indicted by the Grand Jury. The tapes effectively revealed the Watergate scandal; the conversations contained damaging evidence involving the men and even President Nixon himself.

In response to this evidence, Jaworski obtained a subpoena, which stated that the President turn over all conversations and documents linked with the Watergate scandal. President Nixon responded to this order by delivering edited transcripts of 43 conversations, which included only portions of the requested conversations outlined by the subpoena.

Watergate Scandal Trial:

Nixon’s attorney, James St. Clair, requested that Judge Sinica of the United States District Court for the District of Columbia terminate the subpoena; St. Clair argued that the President of the United States is not subject to the processes imposed by any court except the court of impeachment. Judge Sinca ultimately denied this motion and ordered the president to turn the tapes over by May 31st of the same year.

Both sides appealed to the United States Supreme Court, which opened the trial on July 8th. St. Clair argued that the President should not be subjected to “judicial resolution” since the matter revolved around the executive branch; St. Clair felt as though the branch should resolve the issue “in-house.” Furthermore, St. Clair also felt that Jaworski did not effectively prove that the requested materials were necessary for the trial of the accused men involved with in the Watergate scandal.

After the court stated that it could resolve the matter and that Jaworski had indeed provided a sufficient likelihood that the evidence contained conversations relevant to the charges, the Court rejected Nixon’s claim to an “absolute Presidential privilege of immunity from judicial process under all circumstances.”

The Case Profile of United States v. Nixon:

The following is a case profile of the legal trial eponymously titled ‘United States v. Nixon’:

Date of the Trial: United States v. Nixon was argued on July 8, 1974

Accused Criminal Activity: The following criminal activity and charges were cited by the United States against President Richard Nixon within the appeal brought forth subsequent to the initial ruling:

President Nixon was charged with coordinating the break-in of the Watergate hotel, which housed key documents that would reveal the democratic strategy for the 1972 election.

United States Reports Case Number: 1039; 1974 U.S.

Date of the Delivery of the Verdict: United States v. Nixon was decided on July 24, 1974

Legal Venue of United States v. Nixon: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice Burger

Verdict Delivered: The United States Supreme Court possesses the final say in determining constitutional questions; no individual, including the President of the United States, is above the law; and the President of the United States cannot use executive privileges as an excuse to withhold evidence that is relevant to a criminal trial.

What is a Cold Case?

A cold case refers to a tangible crime scene or scene of an accident that has yet to be solved to the fullest extent. The predominant characteristic of a cold case is that the matter revolving around the crime scene has remained pending or unsolved to the point that it no longer maintains the subject of a recent criminal investigation.

As a result of this prolonged unsolved status, no new information can be obtained through criminal investigation; the only new information that could emerge in a cold case would come from a new witness testimony, the re-evaluation of material evidence, the re-examination of archives, and any fresh activities of the suspect, meaning repeated murders or repeated offenses that are aligned with the original criminal matter. In addition, new technical methods that were developed after the case may be used on the surviving evidence to re-evaluate the causes in the pending cold case.

Characteristics of a Cold Case:

In most instances, a cold case will typically involve major felony crimes or violent behavior, such as rape or murder. Dissimilar to the majority of unsolved minor crimes, a cold case—due to its violent subject matter—is typically not subjected to a statute of limitations. Aside from violent crimes, a disappearance or missing person may also be considered cold cases if the victim has not been seen or heard from for a certain amount of time, such as the case of Natalee Holloway or other infamous missing person cases.

Some cases become labeled as a cold case when a seemingly solved case is re-opened due to the presence or discovery of new evidence which firmly points away from the original suspects. This situation happens surprisingly often and most often occurs as a result of a miscarriage of justice. Other cold cases will occur when the crime, in question is discovered after the incident took place—this situation typically arises when investigators discover human remains.

What makes a Case go cold?

A case is considered pending, unsolved or col until a suspect has been identified, charged and subsequently tried for the crime in question. A case (typically criminal) that goes to trial and does not result in a conviction can also be evaluated as a cold case and kept on the books pending the delivery of new evidence. Typically, a case is not solved but forensics or DNA evidence will help determine if the crime and suspect involved in the crime acts in a serial nature.

Sometimes a viable suspect may be overlooked or simply ignored due to unsubstantial evidence, the presence of a copycat or likelier suspect, or a tendency of investigators to zero in on another suspect while excluding all other possibilities.

A cold case will be re-evaluated through the presence of several factors such as: new forensic evidence, a fresh look at old evidence or the delivery of new circumstantial evidence. Other factors will include: new witnesses coming forward with novel information, new suspects who were previously overlooked or the presence of alibi witnesses who may affirm or recant their original stories. 

Who is Robert Hanssen?

Robert Hanssen is a former FBI agent who engaged in espionage for the Soviet and Russian intelligent services from 1979 to 2001. As a result of his engagement in espionage and conspiracy charges, Robert Hanssen is currently serving a life sentence at the Federal Bureau of Prisons Administrative Maximum Facility prison in Florence, Colorado. This particular facility is regarded as a “Super Maximum” penitentiary and is home to individuals who have committed the egregious and serious felony offenses in or against the United States of America. Robert Hanssen, for his longtime involvement in spying against the United States, currently spends 23 hours a day in solitary confinement.

Robert Hanssen was arrested on February 18 of 2001 in Vienna, Virginia and was subsequently charged with selling American secrets and confidential information to Russia for more than $1.4 million in cash and diamonds over a 22 year period. On July 6, 2001 Robert Hanssen pleaded guilty to 13 counts of espionage in the United States District Court for the Eastern District of Virginia; Robert Hanssen, upon his admission, was then sentenced to life in prison without the possibility of parole. For his role as a conspirator, Robert Hanssen’s activities are typically described as the worst intelligence disaster in the history of the United States.

Robert Hanssen’s Early FBI Career:

Robert Hanssen joined the FBI as a special agent on January 12th, 1974 where he was transferred to the field office in Gary, Indiana. In the following years, Robert Hansen was transferred to counter-intelligence and was responsible for compiling a database of Soviet Intelligence that was to be given to the FBI. During this function, Robert Hanssen began his career as a Soviet/Russian spy.

In 1979, Robert Hanssen contacted the Soviet military intelligence agency and offered his services as an undercover spy. Robert Hanssen later informed the FBI that there was no ideological or political motive to operating as a Russian spy, he offered his services purely as a means of earning a handsome payment.

During his first cycle as a Soviet spy, Hanssen told the Soviet military intelligence agency a significant amount of information, including information regarding FBI bugging activities and lists of suspected Soviet intelligence agents. In addition, Robert Hanssen revealed the identities of CIA informants who passed information to the American intelligence agencies. The most noteworthy delivery of information concerning Soviet traitors was delivered by Hanssen when he revealed the true identity of Dmitri Polyakov—a Soviet General who passed on critical information to the CIA.

Robert Hanssen’s Espionage Activities:

Robert Hanssen, still unnoticed by the FBI, was eventually transferred to the FBI’s budget office. This new role gave Hanssen access to all kinds of financial information involving an assortment of FBI activities, including all activities related to wiretapping and electronic surveillance. Hansen continued to work with the Soviet government and the KGB to extract undercover agents, notify traitors and deliver information concerning confidential FBI activities.

Robert Hanssen Exposed:

Although Robert Hanssen never revealed his identity and refused to meet with the Russian Military Agency and KGB, two moles that were employed within the FBI to sniff out the funneling of information, eventually pinpointed Robert Hanssen as the spy. Robert Hanssen was able to continue working as a spy because he was described as “diabolically brilliant” by his superiors within the FBI. Hanssen always refused to use the dead drop sites with his handler and often designated a code to be used when dates or information was exchanged. Although his efforts were delivered with extreme caution, Hanssen was eventually caught by the moles.

Hanssen, when arrested and subsequently charged, negotiated a please bargain that enabled him to escape a death sentence—the plea required that Hanssen cooperate with authorities and reveal all information that was leaked.

What is Ruby Ridge?

Ruby Ridge is in northern Idaho and is the site of a series of violent confrontations that took place in 1992. The confrontations required a siege against Randy Weaver, his family and Kevin Harris (a friend of Randy Weaver). The siege that took place on Ruby Ridge was deployed by agents of the United States Marshals Service and the Federal Bureau of Investigation.

What Sparked the Siege at Ruby Ridge?

Randy Weaver was a former factory worker in Iowa and United States Army Green beret. During the 1980s he moved his family to northern Idaho in order to home school his children and escape to a world that was not marred by corruption. Randy Weaver’s wife, Vicki, was the religious leader of the family and firmly believed that the apocalypse was looming.

The Weavers bought 20 acres of land on Ruby Ridge in 1983. In 1984, Randy Weaver and his neighbor, Terry Kinnison, fought over a $3,000 property transaction. Enraged over the dispute, Kinnison wrote letters to the Federal Bureau of Investigation, the Secret Service and the local Sheriff, claiming that Weaver had threatened to kill the President of the United States, the governor of Idaho and the Pope.

Upon investigation, the Federal Burea of Investigations discovered that Weaver had an alliance with members of the Aryan nation. Realizing this threat, the ATF conducted numerous investigations, some of which were undercover, against Weaver to reveal any criminal activities that were present in Ruby Ridge. In October of 1989, the ATF claimed that Weaver sold informants two sawed-off shotguns that did not meet the length requirements set by federal law. A federal grand jury later indicted Weaver, in December of 1990, for making and possessing, but not selling, the illegal weapons.

Weaver refused to accept the charges based on his sentiment that the ATF was “setting him up.” As a result of this belief, Weaver failed to show up for his court date. This absence made Weaver a fugitive and transferred the case to the Marshal Service. Following an elaborate 18-month surveillance of the Weaver’s cabin at Ruby Ridge, the Marshalls decided to conduct a siege on the land.

The Ruby Ridge Siege:

Weaver, who didn’t trust the federal government, refused to leave his cabin at Ruby Ridge. Assuming that Weaver was armed in the cabin, six marshals were sent to Ruby Ridge to determine suitable areas away from the cabin where they could effectively ambush and arrest Weaver.

The Marshals, who were equipped with M16 rifles and night-vision goggles, eventually engaged the Weavers in a firefight. The siege, which lasted two days, prompted the release of a 542 page investigation. While federal officials claimed that the confrontation between the Weavers and the government began when the Weavers ambushed the federal marshals, the report gives a different story.

Although the details are somewhat muddled, the fight started when the agents shot one of Weaver’s barking dogs. In response, Weaver’s son Sammy and his friend, Kevin Harris, went outside and fired at the agents. While running back to the cabin, Sammy was shot in the back and killed. Kevin Harris, who witnessed the killings, fired back at the agents and killed one of them.

Following the initial shootout, the Weavers and Harris retreated to the cabin where a small army surrounded the area. On August 22, 1992 Randy Weaver was shot and wounded and his wife, Vicki, was killed as she stood in the doorway of the cabin. Eleven days after the initial shootout, Randy Weaver finally surrendered.

Aftermath:

After he surrendered, the confrontation at Ruby Ridge was heard in a federal criminal trial. Weaver’s attorney, made accusations that every agency involved in the shootout violated the Weaver’s rights as American citizens. Randy Weaver was ultimately acquitted of all charges except missing his original court date and violating bail conditions—for these wrongdoings, Weaver was sentenced to 18 months and fined $10,000. Randy Harris was acquitted of all charges as the courts ruled that his actions were made in self-defense. Weaver and his family were awarded $3.5 million dollars in a wrongful death suit that was filed for the killing of Weaver’s 14-year old son.