851 Search Results for Rights of the Accused the Due Process
Affirmative Action/Equal Opportunity
The policies of affirmative action aiming at assisting the black Americans are of recent origin. The policies have sought its origin to varied sources like legal structure, executive instructions, and court rulin Continue Reading...
Airline Terrorism
As the name implies, terrorism is an attempt to provoke fear and intimidation. Therefore, terrorist acts are intended to attract wide publicity and provoke public shock, outrage, and/or fear. The intent may be to provoke disproport Continue Reading...
Why U.S. Criminal Courts Are So Dependent on Plea Bargaining?Despite increasingly aggressive efforts to reform existing draconian sentencing law in recent years, the United States still incarcerates more of its citizens than any other country today ( Continue Reading...
Abstract
This paper provides an overview of the use of DNA in criminal investigations. It shows how DNA can be helpful and harmful in terms of validating a narrative, how it has been used to exonerate inmates and used to wrongfully convict others. It Continue Reading...
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...
Criminal justice administration mainly focuses on crime prevention and punishing any illegal activities. Criminal justice administration is wide and it entails law enforcement and the judicial administration. Some of the jobs that relate to criminal Continue Reading...
S. Congress 2006). Under a military commission's procedures and rules of evidence, the accused may present evidence, cross examine witnesses against him, and respond to evidence presented against him; attend all the sessions of the trial; and have th Continue Reading...
Pre-trial and Trial
Charges and specifications shall be entered by the person making them under oath (Air War College 2005). The accused may not be compelled to incriminate himself by answering any incriminatory questions. An investigation shall b Continue Reading...
" Although a similar situation regarding sexual deviance, sex between males was deemed a far more serious crime than mere masturbation. In fact, many states in the United States still have laws on the books that make sodomy, of any kind, illegal. Thi 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...
witchcraft trials of Salem, and those that occurred on the other side of the Atlantic as well, have long been framed and understood as misogyny made visible in law. On that level, Karlen's The Devil in the Shape of a Woman adds little to scholarly a 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...
Women and the Death Penalty Analysis
An Analysis of the Historical Effect of Gender and Race on the Application of the Death Penalty in the United States
While the debate over capital punishment continues to rage in the United States, questions of Continue Reading...
Homeland Security
How does the creation of the Department of Homeland Security affect resources traditionally designated for local criminal justice organizations?
The Resource Imbalance caused by formation of HLS
The Department of Homeland Securit Continue Reading...
Grand Jury: Needed or Not?
The United States is the only common law jurisdiction in the world that still uses the grand jury for purposes of screening criminal indictments. The grand jury issues an indictment for crime only if based on the evidence Continue Reading...
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies Continue Reading...
(Duncan v. Louisiana, 1968)
Duncan clearly had his rights violated when he asked for a jury trial and did not receive one. Especially given that the conviction was held on conflicting and limited witness testimony that was likely highly charged and Continue Reading...
The death penalty may exact a high cost but so does remaining behind bars for life imprisonment (Haag 1986). But righting wrongs in a society has a higher option than entailing the costs. Penalties are also acts of social retribution to restrain pe Continue Reading...
Background of Terrorist Trials in the United States
Terrorism occupies a unique liminal position, somewhere between acts of war and criminal acts. Because of this, jurisdiction, the rights of terrorist suspects, and other ethical and legal conundrums Continue Reading...
PIRA and the British Government's Response
The war between the Provisional Irish Republican Army (PIRA) and the British State from 1969 to 1998 was a complex situation in which various entities pursued similar and dissimilar aims through various cha Continue Reading...
Legal Concept of Relevant Evidence
Brady v. Maryland, 373 U.S. 83 (1963)
Facts: Defendants Brady and Boblit were convicted of murder by the state of Maryland, with Brady admitting participation in the crime but stating that Boblit committed the act Continue Reading...
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...
"All you family assumed it for all my education… I was still little better than a servant, still not to be trusted." The real dysfunction, then, goes far beyond the Tallis estate, and is more clearly a broader sociological dysfunction embedded Continue Reading...
VIII. The "State Action" Requirement
In the provisions of the Constitution that protect individual rights, primarily the application of the Fourteenth Amendment and the Bill of Rights, the acts that are prohibited require governmental involvement Continue Reading...
Internet Personal Jurisdiction
Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with Continue Reading...
Private Security and the Law
Private security operatives are held liable for their actions based on existing federal and state laws. Potential liability for these operatives occur when attempting to stop or arrest criminals or when carrying out their Continue Reading...
The knowledge of the evolution and starting point of the field of Victimology is of utmost worth. Three different ancient epochs describing the Victims' position inside methods of justice were reviewed by some foremost Researchers including Moria Continue Reading...
New York State Department of Parole or the Department of Corrections is an agency of the state responsible for the supervision and management of criminals convicted of a crime, felony level or higher. The Department of Corrections was put in place t Continue Reading...
However, during war it becomes all too easy to look for convenient ways to disregard even the most important laws.
The first, and most dramatic, effect of war is to increase the general fearfulness of a population. Fear and anxiety rocket way up du Continue Reading...
Plea Bargaining and the For Profit Prison Industrial Complex
Any discussion of systemic racism in America would be incomplete without mentioning how race impacts the criminal justice system. It should not be surprising to anyone to hear that the blac Continue Reading...
Juvenile and Adult Justice
Juvenile and Criminal Justice Systems
Similarities and differences: Juvenile and adult criminal justice systems
The goals of the juvenile justice and the adult criminal justice systems are fundamentally distinct. The go Continue Reading...
Benefits From Plea Bargaining?
Although the U.S. Constitution guarantees all defendants a trial by jury, individuals entering the criminal justice system today have about a one-in-twenty chance of actually undergoing a trial, with the rest of the c Continue Reading...
This is when they will abide by these guidelines. The enforcement of these provisions will create a procedure for investigating offenses, protecting the rights of the accused and punishing those who violate the code of ethics. ("Police Officer Code Continue Reading...
Therefore, the claim asserted by Respondents and sustained by the court below would, in practical effect, amount to a right not to be tried at all for an offense against the U.S. armed forces. 339 U.S. 763, 782 (1950).
The Court examined the issue Continue Reading...
The absolute deprivation of basic human liberties makes it abundantly clear that all people in Cuba are potential political prisoners, because they are either virtually imprisoned by the country's restrictive laws, or face the threat of real impriso Continue Reading...
As far as preparedness for the events that happened on April 19, 1995, the federal government could in fact be cited as negligent. However, it was, as Representative Key points out, not the desire of the government, or even the governor of Oklahoma Continue Reading...
Better still, don't let it happen. (para. 61)
In the United States, citizens take a dim view of unbridled police powers. They were condemnatory of Samuel a. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nomine Continue Reading...