Get a Free E-Book! ($50 Value)
HIRE A WRITER!
Paper Types
Disciplines
Get a Free E-Book! ($50 Value)

Sears V. Upton, Case Study Example

Pages: 1

Words: 572

Case Study

Facts of the Case

In 1993, Demarcus Sears was sentenced to death for armed robbery with bodily injury that led to death.  This sentence however was overturned. The latter decision came about when at the post-conviction relief petition, revelation of how Sears was badly treated during his childhood came about including the significant fact about his “frontal lobe abnormalities” which was the result of his childhood sufferings.  These facts were not presented by Sear’s attorney for his initial mistake of trying to portray Sear’s life as that of having a stable family during the penalty phase.

Issue

The main issue in the instant case, i.e., Sears v. Upton, is whether or not the initial 1993 decision of the Supreme Court of Georgia against Demarcus Sears should be upheld or not, given the new evidences presented on the case.  It is the same as saying that the issue is whether or not the US Supreme Court acted accordingly in overturning the death penalty decision against Sears after learning of the mentioned evidences. It is the stand of the USA SC that the state court failed in applying the appropriate prejudice inquiry established by the USA SC since state court restricted a more probing inquiry on prejudice when it simply relied on the statements/defense given by the defendant’s attorney and simply accepting its reasonableness.

Rule

The Supreme Court of the United States overturned on 29 June 2010 the decision rendered by the Georgia Supreme Court that gave Demarcus Sears the death penalty for armed robbery with bodily injury leading to death.  It is further decided that the case be placed into further reconsideration particularly on whether or not the attorney of Sears failed in appropriately defending him when he portrayed Sears to come from a loving an stable family that would be badly affected by his death penalty. This portrayal is in fact the opposite of Sears’ actual childhood life where, in a nutshell, he was actually abused physically, sexually and mentally that resulted into the a significant frontal lobe brain damage.

Analysis

The main question in the case is whether or not the defense provided by Sear’s attorney would change the texture of the court’s decision if instead of the information about the stable family was replaced with the defense that Sears actually have a significant frontal lobe brain damage as a result of being an abused child.  One dissenting judge did not think so. He thought that regardless of the defense provided by the attorney, the same sentence should have been rendered based on the gravity of the crime committed.  However, majority of the judges of the SC think otherwise.

Given the heavy penalty entailed, i.e., death penalty, it is my well-considered opinion that the case should indeed be again remanded for further reconsideration of the facts, particularly in regards to Sears’ cognitive abilities in relation to his abusive childhood life.

Conclusion

The Court’s conclusion that the new evidences presented in the case of Sears v. Upton should be taken into account and the previous death penalty sentence should be overturned, in my opinion, is correct.  Such evidence, particularly on the significant psychological and mental impairments, as past cases would show, can truly provide individuals reasons for doing things they would normally not do.  While these facts may not exonerate Sears from the crime, it may at least allow him to have a lesser sentence. It is my belief that he will be given a lesser sentence that that of death penalty.

Time is precious

Time is precious

don’t waste it!

Get instant essay
writing help!
Get instant essay writing help!
Plagiarism-free guarantee

Plagiarism-free
guarantee

Privacy guarantee

Privacy
guarantee

Secure checkout

Secure
checkout

Money back guarantee

Money back
guarantee

Related Case Study Samples & Examples

Combat Stress Reactions During Military Deployments, Case Study Example

Effectiveness of Immediate Treatment during Wartime Settings on Reduced PTSD Some of the most amazing medical advancements in our history have come from the battlefield [...]

Pages: 1

Words: 1089

Case Study

Hedging Strategies, Case Study Example

When it comes to hedging, there are particular elements of business operations that need to be given attention to. One of which is the capacity [...]

Pages: 1

Words: 329

Case Study

The Hacker Hunters, Case Study Example

Abstract         The following essay responds to questions on the The Hacker Hunters case study and the UPS Case Study. The Hacker Hunters case reviews a [...]

Pages: 1

Words: 1286

Case Study

Cisco’s Remote Access, Case Study Example

Cisco is the notorious routing and systems organization that have utilized advanced strategies for both business-to-business and the consumer. Cisco unique product offering was expected [...]

Pages: 1

Words: 1342

Case Study

Sierra Club, Case Study Example

The name of this case is Sierra Club, et al., v. Environmental Protection Agency and Gina McCarthy, Administration, United States Environmental Protection Agency, Respondents (Sierra [...]

Pages: 1

Words: 578

Case Study

District of Columbia v. Heller, Case Study Example

The Action The specific issue was for the Supreme Court to decide whether or not the Firearms Control Regulations Act of 1975 in Washington D.C. [...]

Pages: 1

Words: 402

Case Study

Combat Stress Reactions During Military Deployments, Case Study Example

Effectiveness of Immediate Treatment during Wartime Settings on Reduced PTSD Some of the most amazing medical advancements in our history have come from the battlefield [...]

Pages: 1

Words: 1089

Case Study

Hedging Strategies, Case Study Example

When it comes to hedging, there are particular elements of business operations that need to be given attention to. One of which is the capacity [...]

Pages: 1

Words: 329

Case Study

The Hacker Hunters, Case Study Example

Abstract         The following essay responds to questions on the The Hacker Hunters case study and the UPS Case Study. The Hacker Hunters case reviews a [...]

Pages: 1

Words: 1286

Case Study

Cisco’s Remote Access, Case Study Example

Cisco is the notorious routing and systems organization that have utilized advanced strategies for both business-to-business and the consumer. Cisco unique product offering was expected [...]

Pages: 1

Words: 1342

Case Study

Sierra Club, Case Study Example

The name of this case is Sierra Club, et al., v. Environmental Protection Agency and Gina McCarthy, Administration, United States Environmental Protection Agency, Respondents (Sierra [...]

Pages: 1

Words: 578

Case Study

District of Columbia v. Heller, Case Study Example

The Action The specific issue was for the Supreme Court to decide whether or not the Firearms Control Regulations Act of 1975 in Washington D.C. [...]

Pages: 1

Words: 402

Case Study

Get a Free E-Book ($50 in value)

Get a Free E-Book

How To Write The Best Essay Ever!

How To Write The Best Essay Ever!