Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
In the case of an extreme situation, such as the death or near death of another, intentionality is a clear indicator of culpability and should be constitutionally supported. The constitution is a litmus of the culture and open violation of the inten Continue Reading...
direct exposure to the criminal justice system. We see cops and robbers on television programs and in the movies, perhaps have to interact with the police ourselves when we get a speeding ticket or when our house is robbed. These encounters are like 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...
In fact, while Great Britain is liberal in many areas, prison rights does not seem to be one of them. Prisoners commonly appeal conditions to the European Convention on Human Rights (ECHR), which has a much more liberal stance on human and inmate ri Continue Reading...
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable Continue Reading...
(Streib online) Regardless of the source of the ethical view there is rising tides that express the evolving attitude that the death penalty, in any case is not a deterrent and is ethically wrong, regardless of the crime or the circumstances of it. Continue Reading...
United States, 116 U.S. 616 (1886). In Boyd, a defendant had been compelled to produce his business papers. The Court determined that the compulsory production of those papers amounted to requiring the defendant to provide testimony against himself. Continue Reading...
Explanation of the Emergence of Competing Models of Criminal Justice in Recent DecadesToday, the United States incarcerates more of its citizens per capita than any other country on earth, and this outcome is largely the result of the crime control m Continue Reading...
Judy Helfand -- Constructing Whiteness 1.) What's your gut reaction? I was quite surprised with the revelation that Whiteness was not always so clearly defined. I take it for granted that European meant White, if for no other reason than that Eur Continue Reading...
On the other hand Padilla's attorneys argued that the fact that he was arrested on American soil gave his the rights and protections guaranteed American citizens under the Constitution, mainly a civilian trial. Padilla's lawyers argued that in the 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...
Racial Discrimination and the Death Penalty The United States Department of Justice Bureau of Justice Statistics reported that at the end of the year 2000 that there was 1,381,892 total number of prisoners under the jurisdiction of federal or state Continue Reading...
Under U.S. v. Butler, the courts can make interpretations as to if a suspect has invoked these rights based upon their reactions to the questions and body language they are using. ("Berghuis v. Thompkins" 2009) ("Berghuis v. Thompkins," 2012) ("Mira Continue Reading...
Paradoxically, states with harsher criminal statutes and higher conviction rates tend to maintain fewer inmate developmental programs because high-volume prisons tend to be run on a for-profit basis that discourages "unnecessary" spending. The most Continue Reading...
Oreto, 37 F.3d 739 (1st Cir. 1994). The 2st Circuit rejected the defendant's claim that requiring two predicate acts for conviction under one theory of liability but only one act for conviction under "loan sharking," violated equal protection. Due Continue Reading...
There is no question, however, that immigration issues will remain in the forefront of our national policy debates. Deportation Factors and Crimes Involving Moral Turpitude Research indicates that since the late 1980s, Congress had been tightening 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...
According to Dripps (2001), "Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in a Continue Reading...
In that regard, officers who misunderstand reasonable suspicion, probable cause, the limits of officer safety as a predicate to conducting frisk searches, and the complex procedures for securing and executing both search and arrest warrants run the Continue Reading...
Specifically, Singleton's case was denied review by the U.S. Supreme Court in 2003, and he was executed in Arkansas on January 6, 2004. As noted in the lower court's dissent: "Treating the prisoner may provide short-term relief but ultimately result Continue Reading...
The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Continue Reading...
Moreover, a prosecution of the core leadership of an organization under RICO charges is likely to produce revelations concerning the relationship between leadership and other members who are either guilty of racketeering or some lesser scope of indi Continue Reading...
Called bang-jiao, it works to rehabilitate juveniles with a community group of parents, friends, relatives and representatives from the neighborhood committee and the police station. Formal rehabilitation is pursued in either a work-study school for Continue Reading...
The third conviction could serve as the third strike for California's anti-recidivism statute, thereby triggering a minimum 25-year sentence. Andrade was convicted of both counts of petty theft and was sentenced to two consecutive terms of 25 years Continue Reading...
Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi ( Continue Reading...
race plays a role in the different sentencing ranges applicable to different crimes. Race and Sentencing Guidelines Race has been a consideration in sentencing guidelines for quite some time. Many individuals believe that those who are not Caucasi Continue Reading...
Moreover, more than half of the geriatric women in California prisons reported falling within the past year; 40% of imprisoned women with a PADL impairment reported suffering from depression; 53% of the women with an ADL impairment reported having Continue Reading...
Administration The basic principles and functions of personnel administration as applied in the field of criminal justice include recruiting, selecting, hiring, placing, evaluating, training, educating, dismissing, promoting, firing, and career dev 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...
It is the premeditated and cold-blooded killing of a human being by the state. This cruel, inhuman and degrading punishment is done in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human Rights. Amn Continue Reading...
Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, Continue Reading...
Controlling Legislation Role of the Law Enforcement Community The Role of the Law Enforcement Community in Combatting Hate Crimes Hate crimes are a form of domestic terrorism. They send the poisonous message that some Americans deserve to be victi Continue Reading...
(Braga, et. al, 1999). However, the problem is that the study did not directly examine the broken windows theory. While the police present in the study did engage in some of the social order restoration that is characteristic of broken windows polic Continue Reading...
It shows that Bush did not ensure the carrying out of exactly accurate procedures detailed in the 'Help America Vote Act of 2002', and this had the inevitable result of the lack of appropriate funds for the purpose of election reform until it was a Continue Reading...
Court Analysis Justice and Court Administration Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of cri Continue Reading...
If Hiibel had been arrested for driving under the influence and striking a minor child, his identity would not matter. In some of the other instances cited by the majority, such as the case of a violation of a restraining order, requesting identific Continue Reading...
Bell was unarmed, yet the officers fired more than 50 shots into his car" (2007, p. 46). Following a grand jury investigation of the incident, three of the five detectives who were involved were charged for the shooting (Mayer, 2007). According to M Continue Reading...
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had Continue Reading...
Guantanamo Bay and the United States History of Guantanamo Bay, and the U.S. Involvement with Guantanamo Bay The Legality of the U.S. Occupation of Guantanamo Bay Why Do the U.S. Hold Guantanamo Bay? The Legal Position Regarding the U.S. Being in Continue Reading...
