search and seizure laws. The writer uses several cases to present a detailed exploration of search and seizure laws and how the courts rule when they are challenged. There were five sources used to complete this paper. The Constitution of the Unite Continue Reading...
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from Continue Reading...
Criminal Defense Homicide Case Fourth Amendment Searches and Seizures in Contemporary America The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
Procedural and Substantive Law Comparison: The cases of Terry v. Ohio (1968) and State v. Perkins (2003) both deal with issues of search and seizure as explained in the fourth Amendment to the United States' Constitution. According to this Amendmen Continue Reading...
Criminal Procedure Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of t Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that 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...
Crime Control/Procedures The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
limits that should be placed upon search and seizure in public schools. Apply specific legal rulings to support your position. Analyze the New Jersey v. T.L.O. case and explain how it supports or undermines your argument. Recommend changes to exi Continue Reading...
U.S. v AOL: AOL case was a lawsuit involving collusion between the executives from AOL and PurchasePro Inc. (PPRO) with the sole intention of overstating revenue. The 37% overstated revenue would make executives to believe that PurchasePro Inc. had 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...
Amendments to the Constitution In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
Miranda Rights Miranda THE PROS AND CONS OF THE MIRANDA RIGHTS Protection against self-incrimination is undoubtedly one of the most basic rights as described in the laws and codes of the American legal system. In the past, this right was often com Continue Reading...
Runaway Jury -- a 2003 legal thriller based on a John Grisham novel -- does not necessarily enhance the viewer's knowledge of the law, but it certainly offers an expansive view of one way of breaking the law. The film is concerned with the rise of th Continue Reading...
Only the Eighth Amendment truly applies to the post-conviction treatment of a criminal defendant, by prohibiting cruel and unusual punishment. There is nothing about being confronted with victim impact statements that is either cruel or unusual. Whe Continue Reading...
Due Process and Crime Control Models One simply cannot look at contemporary criminal procedure policy without seeing clearly the undeniable role that due process and crime control models has had and been able to influence. For instance the Fourth, Continue Reading...
The benefit of creating the term at this point is that lawmakers and prosecutors and defense lawyers will all be aware of the growth of the term as it moves through the judicial birth canal and is delivered in its full meaning, with all its parts in Continue Reading...
1993). Within medical settings in particular, physicians and supervisors are often too over-burdened with their myriad formal responsibilities to take note of minor irregularities in protocols and procedures. Because coworkers are often in the best Continue Reading...
Terrorism Organizations What is Terrorism? Legacy in the 21st century Based Terrorist Organizations Aryan Nation Ku Klux Klan Counterterrorism and Prevention Definitions and Structures Homeland Security Patriot Act The very nature of terror Continue Reading...
Government Since gang-related crimes fall within the jurisdiction of state, this research will give an insight on the need to find solutions that increasingly include all levels of government. Congress needs to pass legislation that will change im Continue Reading...
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses Continue Reading...
For example, he voted to require that schools utilize resources to support religions activities if they designate resources to non-religious activities (Board of Education. v. Mergens, 1990). Further, Zelman v. Simmons-Harris (2002) called for vouch Continue Reading...
Plea Bargaining Pleading for Justice Plea bargaining by its very nature implies negotiation, which in turn means that two or more parties are seeking to achieve specific goals with the cooperation of the other parties. In the absence of plea bargai Continue Reading...
This kind of evidence differs from circumstantial evidence. Circumstantial evidence attempts to prove some facts by attesting to or proving events or circumstances from which other occurrences may be reasonably inferred. It differs from direct evide Continue Reading...
Limiting Public Benefits The United States economy is in serious trouble and the individual state economies are not faring much better. In times such as these, those elected into public office are called upon to find ways to save money and to help t Continue Reading...
Gender and Culture in Criminal Justice and Capital Punishment: A Regional, National and International Comparison Comparing the rates of crime and punishment in the United States as a whole to various individual regions and states, and to other count Continue Reading...
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, wh Continue Reading...
e., the company) that has technical control over telecommunications networks and thus technical ability to access communications, versus a party that is duly authorized to actually access those communications via a warrant (Mares, 2002). Although, as Continue Reading...
This is to note that "Trinidad and Tobago alone account for 80% (1st quarter 2004) of all U.S. LNG imports, up from 68% in 2002. Therefore, any incident involving an LNG tanker along the Caribbean routes could harm not only U.S. energy security but 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...
Marine Insurance The concept of Marine insurance is something that has been developing at a fast rate of late. (Marine Insurance: Barlow, Lyde and Gilbert) What exactly is insurance and how long has the concept been recognized? Insurance can be defi Continue Reading...
By federal law, all passenger airliners now feature cockpit doors that are locked by the pilots from inside the cockpit. Likewise, pilot training now includes the specific instructions not to open the door in response to any occurrence or emergency Continue Reading...
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it s Continue Reading...
Geolocation of the user based on the user's Internet protocol (IP) address. Location-based service companies that specialize in identity protection use this approach, and IP addresses, blocks of IP addresses and credit card billing addresses can all Continue Reading...
Indeed, even the most outspoken critics of law enforcement will likely be the first to dial "9-1-1" when their homes are being burglarized or members of their families are being attacked, but the fact remains that many police department remain prima Continue Reading...
These percentages are illustrated in Figure 3. Interestingly, research has demonstrated that the when public opinion is sought between "gay marriage" and "civil union" the results differed greatly. Although the rights being suggested were similar, 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...
4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized Continue Reading...
