850 Search Results for Rights of the Accused the Due Process
Organizational Issues and Criminology
Introduction- When we think of the criminal justice system in the United States, we are referring to a broad collection of federal, state, and local agencies that are focused on crime prevention and upholding th Continue Reading...
S. (Bluhm & Heineman 2006: 124). As a result of surveillance activities carried out under the U.S. Patriot Act, they were apprehended, although other than a vague email there was no evidence of any planned attack (Bluhm & Heineman 2006: 124). Continue Reading...
Some have even been detained for long periods of time without being informed when they would be released or even the reason for their detention. The situation at airports is no less dire. Some airlines have even refused to let Arabs on board because Continue Reading...
Risk Management in Hedge Funds
A research of how dissimilar hedge fund managers identify and achieve risk
The most vital lesson in expressions of Hedge Fund Management comes from the inadequate name of this kind of alternative investment that is a Continue Reading...
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D.
Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759.
This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarze Continue Reading...
In another case, New Jersey v TLO (1985), it was decided that teachers and administrators actually have somewhat expansive rights when it comes to determining if a student is in violation of school policy or the law. Specifically, when a student wa Continue Reading...
..from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events is unacceptable and should be eliminated" (as cited in Fairfax Circuit Continue Reading...
But when it just recently occurred in 2004 at a store in Jonquiere, British Columbia, the reader must appreciate that a real battle had been won. The original efforts of that particular store for example had the local labor Commission reject certifi Continue Reading...
Criminal Law Foundations Evaluation
Criminal Law Foundations Paper
Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
In this author's opinion, this is the final harvest of the fruit planted with the passage of the PATRIOT Act in 2001 and its various subsequent extensions. Under NDAA, civilian terror suspects (whatever that means in the broad definition) in the U. Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection 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...
They now work together in what has become an ideological battle against the U.S. In this vicious battle against the terror outfits, our people have been robbed of their cherished freedom, which has always been the cornerstone of our constitution.
A Continue Reading...
S. fails to consider the inmates as war prisoners, and does not allow them to defend themselves against the charges brought, is a complete breach of the Geneva Conventions. At the same time, statements such as Donald Rumsfeld's consideration that the Continue Reading...
It is increasing taxpayer more and more every year. More than likely the officer in question will be fired or put in paid leave of absence. Never is the officer investigated by internal affairs or federal agencies. This shows an inconsistency within Continue Reading...
President Clinton's And Obama's Health Care Policies
President Obama's Healthcare policies
The Affordable Care Act (ACA) has drawn some comparisons to elements of past efforts, including Mitt Romney's health care plan in Massachusetts and the Clint Continue Reading...
Psychology -- Central Park Jogger
Matthew Johnson's The Central Park Jogger Case - Police coercion and secrecy in interrogation (Johnson, 2003), posits the reasonable theory that police interrogation is "ripe for abusive treatment" and the equally r Continue Reading...
While the issue has become a states' issue, the main objection to narrowly construing marriage as a union between a man and a woman (as the Defense of Marriage Act, 1996 does) is based on substantive due process available under the 14th Amendment t Continue Reading...
If the defendant is indicted, then a trial may follow. The Fifth Amendment also includes a prohibition on double jeopardy -- being tried for the same crime twice. Due process is another element of the Fifth Amendment, and guarantees that all legal r Continue Reading...
Ramirez et al. explains this clearly stating "when law enforcement practices are perceived to be biased, unfair, and disrespectful, communities of color and other minority groups are less willing to trust and confide in law enforcement officers and Continue Reading...
If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeitu Continue Reading...
Sutherland wrote "No attempt was made to investigate.
Defendants were immediately hurried to trial...." The Court noted that "a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counse Continue Reading...
The boy spoke Spanish and had been diagnosed as being "multiple-handicapped and perceptually impaired," which means he could not read or spell simple words, and "had difficulty reasoning on an abstract level" (NJLJ 2001). The therapist testified tha Continue Reading...
Sleep Deprivation and Expert Witnesses
Introduction (the issue(s) presented and purpose of your paper)
The paper will focus on the links between sleep deprivation, false confessions and torture. The paper is written in the context of Federal Rules Continue Reading...
Double Jeopardy
The ancient common rule prohibition on multiple trials, known as the double jeopardy, is a procedural protection that forbids the prosecution of an offender for an unlawful offence. The offender, in this case, may have been previousl 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...
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...
Historically, since the end of the Vietnam War in 1975, Cambodia has suffered under the oppression of dictators such as Pol Pot, who instituted Communism and its related rights violations of law. As a result, the question of the future of Cambodia h Continue Reading...
Introduction
The Sixth Amendment provides for the rights of criminal defendants. An accused person has a right to a lawyer. All state courts have to provide legal counsel for the defendant if they cannot afford to hire their own. Lack of legal r Continue Reading...
The First Amendment
The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people p Continue Reading...
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be bre Continue Reading...
woman was arrested in 2010 for riding a non-motorized vehicle on an interstate highway as she was escaping flash food that had hit the state of Tennessee. At the time of the arrest, the state of Tennessee had been hit with record flooding, which for Continue Reading...
Global Criminology: Similarities and Differences Between Adversarial and Inquisitorial Justice Systems
Similarities and Differences between Adversarial and Inquisitorial Justice Systems: Global Criminology
Every country uses fundamental rules and p Continue Reading...
public to scholars, the death penalty has come under severe criticism in contemporary epoch. The debate between the supporters and criticizers of capital punishment has been going on for decades. Is death penalty constitutional? What are the factors Continue Reading...
S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case.
Justice White delivered the opinion of the Court, saying that Continue Reading...