905 Search Results for Fourth Amendment
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...
Outline
I. Introduction
A. History of drugs, cross-cultural perspective
1. Opium wars (ACLU, 2020)
2. Since Nixon, the modern “war on drugs” (Pearl, 2018)
3. History of drug use in different societies (ACLU, 2020)
B. History of government Continue Reading...
War on Drugs Futile Failing and Nefariously Linked to the War on Terror
Effectiveness of the War on Drugs
Outline
I. Introduction
A. History of drugs, cross-cultural perspective
1. Opium wars
2. Since Nixon, the modern “war on drugs”
3. H Continue Reading...
Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to Continue Reading...
Protections Against Improper Police Behavior
Ladies and Gentlemen,
It is important to note that in seeking to detect and prevent crime as well as when it comes to the apprehension of lawbreakers, you need to be mindful of the various protections ac Continue Reading...
EVIDENCE
Go to Oyez
Direct evidence vs. circumstantial evidence
Direct evidence is evidence which supports a particular point-of-view, "without inference or presumption. An example of this is the testimony of a witness who saw the knife being used Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
There are limitations on the destruction of wiretap records. The numbers of crimes for which wiretaps can be used, the types of judges who can authorize taps have both however, been expanded.
What Does the Constitution Say?
The United States Const Continue Reading...
Ethical Pros & Cons of Criminal DNA data banks
DNA banking of criminal information is a source of controversy among many human rights activists. According to statistics, Criminal DNA databanks offer an effective means of controlling crime. Genet Continue Reading...
Border Security
Karina Ordonez discusses border security issues that relate to homeland security, specifically the Arizona/Sedona portion of the U.S. / Mexico border. Although it is only a small portion of the actual border, it is currently the most 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...
Prosecuting a former President for illegal activity in his role as President would certainly increase partisan bickering; making it less likely that Obama could effectuate meaningful change in his administration. Doing that might actually cause peop Continue Reading...
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing so Continue Reading...
Unlawful Detention at Guantanamo Bay
In his book The Enemy Within, author Stephen J. Schulhofer notes, "In the two months following September 11, approximately 1200 foreign nationals living in the United States were arrested and detained by federal Continue Reading...
POLITICAL PHILOSOPHY Introduction to Political Philosophy: Reflection EssayPolitical philosophy is important for interpreting how divisions of political power work for the public good, how rights and duties are fulfilled, and how freedom comes in the Continue Reading...
The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder.
Q4. State and explain the two (2) types of immunity that might Continue Reading...
Appeals
If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.
Although there are is no constitutional right to appeal convic Continue Reading...
Callier, John Huss, and Eric T. Juengst make excellent points about the inherent intrusion into privacy and the lack of logical nexus between the act and its subjects, to wit, randomly screening the criminal background of every college faculty. By c 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...
Abortion
Nature intends that an offspring should begin and develop in the mother's baby until it is mature enough to be delivered and live on its own. Those nine months of gestation in the mother's womb pose a long-standing controversy, which pits t Continue Reading...
Employee Privacy Drug Testing vs. Mandatory VaccinationsMandatory vaccinations and various drug-testing regimens have long been used in the American workplace as a condition of employment in an effort to protect organizations as well as individual e 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...
Professional Police Traffic Stops
While the 4th Amendment to the U.S. Constitution guarantees that individuals have the right to be free from undue searches and seizures, the U.S. Supreme Court has stated that police actually have the right to condu Continue Reading...
Motion to Suppress Drug Evidence in a Case
During a regular traffic police check, a criminal defendant was stopped by law enforcement personnel after he was observed speeding. A computer check indicated that the criminal defendant had an outstandin Continue Reading...
Racism / Prejudice
Anyone that is not aware of the recent protest demonstrations in cities across the United States -- resulting from the killing of unarmed African-Americans by police in Ferguson Missouri and New York City -- are simply not paying Continue Reading...
Stop and Frisk: The Efficacy of This Technique
Stop and frisk is one of the most controversial techniques used by the NYPD to reduce crime. Stop and frisk, as its name suggests, is when police officers stop pedestrians on the street and frisk them f Continue Reading...
Trial Preparation
The Best Evidence Rule and Why it Was Implemented into the Court System
The best evidence rule in basic terms is an ancient legal rule that requires the originals, rather than copies, of documents to be presented as evidence durin Continue Reading...
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also ar Continue Reading...
This will prevent the employee from claiming that they had their basic civil rights violated.
In the future, once new changes are introduced (from transformations in technology), is when there will be new policies implemented. During this process, Continue Reading...
Internet disagree. Then, a response
Bill Clinton, it was, who once said that he smoked marijuana, but he didn't inhale. This famous assertion was made during his presidency of the United States, and helps to marginalize the effect of certain recrea Continue Reading...
The American Civil Liberties Union (ACLU) defines racial profiling this way:
"Racial Profiling' refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethn Continue Reading...
In this instance, Mr. Randolph was present and had specifically refused consent. The court ruled that his presence and specific refusal could not be overlooked.
Summary of the Ruling. Previous Fourth Amendment rulings had held that searches where c Continue Reading...
1). The blimp, known as "Integrated Sensor Is the Structure" or ISIS has a demonstration ship scheduled for launch by 2014 (Wheeland). This latest addition to the electronic surveillance repertoire of the U.S. government should alarm everyone in the 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...
Ortega's Fourth Amendment rights would
be implicated only if the conduct of the Hospital officials infringed an
expectation of privacy that society is prepared to consider reasonable.
The court stated that "Because the reasonableness of an expectati Continue Reading...
lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=480&invol=709)overrides a person's expectation of privacy.
As evidence, the Court pointed to the fact that Dr. Ortega did not share his office with any other employees and because there was no 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...
right to privacy is wrongly assumed to be expressly protected by the Constitution; in fact no right to privacy clause exists but is implied in the Bill of Rights. Privacy is implied, for example, in the freedom of religious beliefs and practice guar Continue Reading...
Courts and the Investigation Process
There are many aspects to investigations as they pertain to courts and upholding the law. An investigation is systematic inquiry to determine the facts surrounding an event or situation to determine who, what, wh Continue Reading...
Patriot Act Homeland Security Act 21st Century form foundation United States' domestic response terrorist attacks September 11, 2001. Many legal political voices advocated acts resulted a reduction rights citizens a loss civil liberties.
The Patrio Continue Reading...