118 Search Results for Legal Issues in Miranda v
Hostage Negotiation
The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the plan Continue Reading...
Decisions of Rehnquist & Warren
The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone maj Continue Reading...
Civil Rights and Police Departments
The outline for basic civil rights in America is deceptively simple and straightforward; it appears in the Bill of Rights, with a concentration on the Fourth, Fifth, Sixth, and Eighth Amendments. Taken together, t Continue Reading...
Supreme Court Chief Justices Warren and Rehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The Rehnquist Court
A common philosophical debate within the legal community is when the approach advo Continue Reading...
Juvenile Facts
Juvenile-justice experts stress that as juveniles differ developmentally from adults, they should be treated in a different way in the criminal justice system. "Minors are generally less mature, more submissive in the face of police Continue Reading...
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.
I Continue Reading...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home. Because of the Fourth Amendment, law enforcement officers are required to secure an official court Continue Reading...
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To Continue Reading...
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authori Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
Citizens\\\' Rights and Equal Rights1. The Constitution lists the powers of and limits on the federal government, but the Bill of Rights lists the guaranteed freedoms of the people. List four rights, each from a different amendment, and explain each. Continue Reading...
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate.
Yes, the crimi Continue Reading...
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review dur Continue Reading...
The court ruled that the police impaired her free choice by going beyond the evidence connecting her to the crime and introducing a completely extrinsic consideration in the form of an empty but plausible threat to take away something to which she a Continue Reading...
police Misconduct Case Study
The district attorney declines to press charges and both juveniles are released. They flee the jurisdiction and are never found. Your partner is brought before a police investigation Board and suspended from the Departme Continue Reading...
Pre-Sentence Investigation
Defense Attorney
Jim Aiken
Narcotics Detective
Homicide Detective
Miranda
The Miranda rights were formulated in 1966 by the U.S. Supreme court after a case between Miranda v. Arizona. The Miranda rights relate to the Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouch Continue Reading...
Liaison
The security industry has in the recent past experienced a shift towards the Hybrid approach in which contractual agency and the client create a synergy. This approach has gained considerable attention in the recent past and is commonly kno Continue Reading...
Custodial Interrogation vs. Voluntary Statements
In legal and criminal justice terms, as well as in their application in everyday life, there is a considerable degree of distinction between a voluntary statement and custodial interrogation. Nonethel Continue Reading...
In modern criminal procedure and practice, the Sixth Amendment also provides specific requirements of police, such as where criminal defendants express the desire to consult legal counsel. Irrespective of whether or not such a request precedes or f Continue Reading...
Murder Trial of Nicholas Lindsey, March 2012
Factual and Procedural Background
On the evening of February 21, 2011, Police Officer David Crawford of the St. Petersburg, Florida police department was fatally shot while investigating a report of a s Continue Reading...
Introduction
In the United States, the concept of due process is a fundamental principle that ensures fairness and justice in the legal system. Due process is enshrined in the Fifth Amendment of the U.S. Constitution, which states that no person sha Continue Reading...
Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of way Continue Reading...
Practice
What examples of the history of a particular social problem or construct could you use to illustrate the importance of an historical perspective to social work practice?
The prevalence of false confessions and coerced guilty pleas has rec Continue Reading...
These individuals are at risk of either confessing to crimes they did not commit or otherwise compromising their rights by virtue of inappropriate police interrogation techniques (Gudjonsson, 2003), a fact that has increasingly been recognized by th Continue Reading...
The other aspect of Fourteenth Amendment protections that is most relevant to the modern administration of justice in the age of global terrorism and national security concerns is the right to equal protection under the laws of both federal and sta Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.
Fourth Amendment
Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
Individual Research Task. Individual Research: Overview
Medina vs. California, 505 U.S. 437 (1992). Retrieved from Findlaw at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=505&invol=437
Competency to stand trial (CST)
M Continue Reading...
Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Cour Continue Reading...
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] VR 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must inclu Continue Reading...
Terry vs. Ohio
Terry Vs Ohio
The issue of what constitutes a violation of the fourth amendment forms the basis of the argument in the case of Terry vs. Ohio. In this case the petitioner Terry was stopped and frisked by the officer on the streets. A Continue Reading...
Court System
The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutio Continue Reading...
Criminal Procedure Book Review
Criminal Justice Criminal
John Ferdico's Criminal Procedure for the Criminal Justice Professional
The purpose of this work is to thoroughly and comprehensively review the work of John Ferdico entitled "Criminal Proce Continue Reading...
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the g Continue Reading...
ATT & Antitrust
The history of antitrust law in the United States has been heavily affected by the AT&T Corporation. AT&T has been seemingly involved in one form of dispute or another with the U.S. Justice Department and other Government Continue Reading...