If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case. The Fourth Amendment then Continue Reading...
The police officer then called the dispatcher to check Caballes' license and see if he had any outstanding warrants. As he was writing the warning ticket, he asked for a criminal background check from the dispatcher and asked Caballes if he had ever Continue Reading...
Criminal justice system can be described as a collection of state, federal and local agencies which are concerned about problems of crimes. Such agencies assist to process convicted offenders, defendants and suspects. They are also interdependent as Continue Reading...
Criminal Proceedings -- Probable Cause The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an Continue Reading...
Criminal Justice: The Death Penalty Reasons for topic selection Causes of racial prejudice and discrimination Juvenile in delinquent society theory Culture and values Official and unofficial values The effectiveness of the death penalty The de Continue Reading...
Criminal Eyewitness Testimony Eyewitness testimony, or the sworn oath of persons who believe they have witnesses a crime, or portion of a crime, has long been studied in both the fields of criminology and psychology. Research shows that a jury, for Continue Reading...
The need for mental competency was most recently addressed by the Supreme Court in Indiana v. Edwards, a case that helped to reinforce these fundamental constitutional rights for mentally ill defendants. The research also showed, though, that the cr Continue Reading...
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all 50 states. One could argue that certain areas of search and seizure laws Continue Reading...
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simpl Continue Reading...
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are Continue Reading...
Though the assets were seized without any promise or even expectation of individual officers gaining personal financial rewards, the ethical considerations of this problem are fairly obvious. It sets a dangerous precedent for future investigations i Continue Reading...
" These authors purport that although mood and behaviour may constitute a vital part in disorderly outcomes of drinking scenarios, other social factors can equally contribute influences. These factors, according to these authors, can be categorized b Continue Reading...
Equal Protection: Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such Continue Reading...
At the time that Byrd was tried in 1985 DNA technology was not capable of forensic analysis of biological evidence however; in 1997 a comparison was conducted of Byrd's DNA with the bodily fluid in the rape kit that had been collected at the time of Continue Reading...
In this way, the prison system in Britain is attempting to incorporate cultural diversity into the criminal justice system, in an effort to ensure success. In addition, many other agencies now offer translation services, support services for cultur Continue Reading...
However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake o Continue Reading...
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politi Continue Reading...
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated to be represented by "...experime Continue Reading...
Criminal Insane Defense The insanity defense has been a topic of much controversy because of its perceived means of excusing someone from a crime that has been committed. Although much is perceived of the insanity defense as a way to avoid accountab Continue Reading...
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from Continue Reading...
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. When this is done, the objective of defending civil liberties is served but the aim of finding the truth and s Continue Reading...
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007). Highly publicized cases that deal with t Continue Reading...
New Hampshire (1971) had mandated such. This case had tremendous effect on our criminal justice system in that it removed the inadvertence requirement from one of the exceptions to the Fourth Amendment. This requirement had called for a search warr Continue Reading...
Law and Morality Courts should refrain from imposing social values in their interpretation of the law, since doing so can have dangerous consequences. The imposition of social values through the criminal system is a tempting, but unjustifiable, act Continue Reading...
224). The strongest case in the criminal law annals for race-based affirmative action occurs in "drug possession offenses," Heffernan writes. The drug busts show "compelling evidence of discrimination against blacks," the author insists; moreover, Continue Reading...
Criminal Justice Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice. This journal article reports the researcher's survey findings regar Continue Reading...
According to Beccaria, any form or degree of punishment that exceeded the comparative seriousness of the crime or the functional purpose of effectively deterring that crime was excessive, purposeless, and cruel. Based on that philosophy, Beccaria pr Continue Reading...
De minimus communication refers to occasional communication between defendants and jurors that would have no impact on the outcome of the case. Minimal communication like a hello or giving directions would not influence the case in anyway and this i Continue Reading...
Criminal Justice Policy Issue One of the increasing major concerns in the field of criminal justice is the rising fear of crime in public by juvenile violence, also known as 'youth violence'. This paper would discuss a selected journal article that Continue Reading...
This had lead to a growing number of states segregating juveniles and adults within the adult prison. Judges are also taking into account the availability of beds when they determine sentences for juveniles that have been tried as adults and may go Continue Reading...
law in England are: common law, statute law, subordinate legislation, custom, and European community law. Common law: This is the cannon of law applying to the general swathes of law that are decided by the judges and adapted to changing times. Jud Continue Reading...
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them Continue Reading...
Criminal Defense, Constitutional Rights Arrest Constitutional Rights Before and After Arrest Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practic Continue Reading...
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were cre Continue Reading...
Criminal Justice System Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions Continue Reading...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
Criminal Process; Arraignment to Pre-Trial The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objec Continue Reading...
Criminal Justice & Criminology Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights? (Rian) CJ327W Research Methods in Criminal Justice The Miranda vs. Arizona rulin Continue Reading...
Victim Advocate Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim a Continue Reading...
Civil versus Criminal Liability Introduction Criminal justice practitioners do have a civil liability that puts them at risk of being sued by the public. The purpose of civil liability is to encourage accountability and responsible in the field of cr Continue Reading...
