998 Search Results for Criminal Procedure
CRIME VICTIMS Crime Victims: An IntroductionThe particular problems faced by persons who experience hare crime are broadly characterized by the trauma and fear they go through resulting from the crime (Reilich & Chermak, n.a.). The fear of visiting o Continue Reading...
During the first era of American policing, constitutional standards of criminal procedure including formal policies of arrest, interrogation, evidence procurement, and the treatment of prisoners was substantially subject to local authorities and va Continue Reading...
The decree also requires a negotiation with the police union and representation by attorney. (Simmons, 2008) Thus there are problems and countermeasures that could effectively bring down the power of investigating complaints.
(d) Critique the effec 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...
Herrera v. Collins
The findings and aftermath of the Herrera v. Collins case are often pointed to the Eight Amendment to the Constitution of the United States. However, there are Fourth Amendment implications as well. Indeed, Herrera was facing char Continue Reading...
Davis v Washington
The so-called "Confrontation Clause" of the Sixth Amendment states that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." The plaintiff in Davis v. Washington 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...
Therefore, even staunch proponents of capital punishment share the concern that it be (1) imposed only where extreme punishment is appropriate to the nature of the crime, and (2) applied in a manner that does not cause unnecessary pain or prolonged Continue Reading...
There are three types of stimuli used, which are:
1) Targets;
2) Irrelevant; and 3) Probes.
These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is Continue Reading...
706). Yet, this clearly does not eliminate the possibility of abuse of power and wrongful use of police discretion as the disproportionate application of justice upon those of lower class and of minority races is fundamentally present in both lesser Continue Reading...
Research the McNaughton rule. What was McNaughton and how did the McNaughton Rule come into being?
The name McNaughton came from the son of A Glasgow wood turner who was deluded that there was conspiracy against him when the catholic priests sent spi Continue Reading...
Policing Roles
What is the role of police in society? What would happen if the role of the police were lessened as it applies to the theory and practice of community policing?
Generally, the most important roles that police play in civilized societ Continue Reading...
Terry v Ohio (Supreme Court, 1968) -- Found that the 4th Amendment prohibition on unreasonable search and seizure is not violated when an officer of the law stops a suspect on the street and frisks them with probably cause to arrest if there is reas Continue Reading...
extradition case regarding film director Roman Polanski is a rather sordid affair. According to the information available on March 10, 1977 the 43-year-old Polanski had a sexual escapade with a 13-year-old girl named Samantha Jane Gailey (now known Continue Reading...
Indianapolis vs. Edmond
531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000)
Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists w Continue Reading...
Miranda Rights Should Be Available to Individuals Detained by Private Security
Most people are familiar with so-called "Miranda Rights" that are named after the 1968 Supreme Court decision in Miranda v. Arizona. Fewer people actually understand what Continue Reading...
Innocent individuals are wrongly convicted for the following 8 reasons. First, eyewitness testimony can be inaccurate: this happens when an individual is convinced that he or she saw the defendant partake in criminal activity -- yet they are mistaken Continue Reading...
Police
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for diso Continue Reading...
noble cause" and how it relates to law enforcement daily? What positives and negatives can you identify? How can organizations control the "noble cause"?
The 'noble cause' of law enforcement is to uphold public safety. The idea that the highest goo Continue Reading...
Court Proceedings Experience
Premise
year-old Nicholas Lindsay was charged for the murder of Officer David Crawford. Besides Lindsay's own confession to the murder, there is no other evidence that he committed the murder. Lindsay made this confess Continue Reading...
An interesting aspect to the film is the communities change in attitude towards Delbert. While they had previously shunned him and his brothers they now supported Delbert as they felt that he has been wrongfully accused by the authorities. They als 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...
These include "books, letters, diaries, library records, medical and psychiatric records, financial information, membership lists of religious institutions, and even -- as Attorney General Ashcroft himself conceded in testimony before Congress -- ge Continue Reading...
Discretion on the Beat: Working in the Best Interests of the Community
The mandate to "protect and serve" is translated in a number of different ways across the country, but in many jurisdictions, community-oriented policing methods are replacing th 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...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
At any stage in the proceedings, "judgment could be entered by default, but it could also be set aside "…except in the case of perjury established by judgment of court" (Calhoun, 309-10). The incidents mentioned above pertain to civil law only Continue Reading...
In Chapters 5 and 6 of Law, Justice and Society entitled, "Crime and Criminal Law," and "Criminal Procedures," we find out what actually constitutes a crime and how criminal procedures are handled. Both of these chapters are relevant in the case of Continue Reading...
Prosecution
One of the harsh realities of the criminal justice system is the ability of defendants to defeat charges against them unless the prosecution has done its homework and prepared for the case properly. Irrespective of how thorough the crim Continue Reading...
The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could Continue Reading...
Terry v. Ohio case, providing information on the concerned parties, case facts, previous proceedings, arguments and issues, court decision and rationale for the decision.
Parties Involved
The People of the State of Ohio and John W. Terry
Facts
Ma Continue Reading...
Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee
Docket number: 01-07-00543-CR
Office file number
Re: Issue [1] was there evidence of possession of cocaine weighing four or more grams but less than 200 gr Continue Reading...
Review: Cesare Beccarias , An Essay on Crimes and PunishmentsToday, the U.S. incarcerates more of its citizens than any other industrialized nation, and their confinement is determined by their respective offenses. Although they may not realize it, t Continue Reading...
Katz v United States case, addressing case facts, involved parties, objectives and arguments put forth by the parties, chief issue, and case holding as well as the rationale behind it.
Parties Involved
The United States and Charles Katz
Facts
Cha 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...
The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer wo Continue Reading...
Bible and criminal procedures
It is gratifying to read the Bible's teachings on matters pertaining to the criminal justice system such as witnesses given the parallels they have with our own contemporary notions of fair and just actions. The Bible Continue Reading...