Suppressed Evidence First Case. No. The passenger's motion to suppress the seized evidence should not be granted. An accurate description of the apprehension by the two police officers and the rocks of crack cocaine they confiscated from the passeng Continue Reading...
Mirfield 356) The purpose of the exclusionary rule is to afford the defendant all his or her rights of privacy and to maintain fair proceedings in the gathering of evidence. Unlawful search and seizure is a serious offence, committed by investigat Continue Reading...
Evidence-based practice (EBP) is the term that refers to the need for nursing to be based on research that has been conducted in the most thorough scientific manner, consistently tested, rigorously proved, and only then published by peer-refereed aca Continue Reading...
The police officer then called the dispatcher to check Caballes' license and see if he had any outstanding warrants. As he was writing the warning ticket, he asked for a criminal background check from the dispatcher and asked Caballes if he had ever Continue Reading...
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the Continue Reading...
Admissibility of Evidence at Trial If the goal for a trial is the search for justice, why should there be rules that limit a juror's ability to render a verdict only to that information gathered in compliance with the Constitution and approved by th 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...
Even without any arrest, the officer could conceivably have conducted an external pat-down or Terry search of the subjects' outer garments to detect any weapons under the doctrine of officer safety (Schmalleger, 2008; Zalman, 2008). However, even a 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...
Pre-Medications Current practices in the Blood Marrow Transplant Unit (BMTU) are to administer Tylenol and/or Benadryl as pre-medications prior to the administration of blood products before a transplant takes place. This paper will study whether su Continue Reading...
This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as Continue Reading...
Corruption, Political Stability and Development Development in any country and constant stimulation of the same is based practically on the political stability and the levels of corruption as well in that country. The two are mutually exclusive in t Continue Reading...
Crime Scene Analysis The case study presents a homicide incident, which occurred at 9170 Old Annapolis Road Columbia. The victim was Ashley Nicole Smith, and the investigations identified two suspects who were Scott Jory Jones, and Frederick James J Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
d.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a l Continue Reading...
Officer Misconduct Disclosing Officer Untruthfulness to the Defense: Is a Liar's Squad Coming to Your Town? Officer misconduct scenario Police officers must not simply be held to the same standards as members of the public. They must be held to a Continue Reading...
In a unanimous opinion, delivered by Justice Ruth Bader Ginsburg, the Court held that an owner-occupied residence not used for any commercial purpose does not qualify as property "used in" commerce or commerce-affecting activity, such that arson of 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...
Reasonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001) Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001) Type of Action: Review by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth C Continue Reading...
United States v. Jones Issues before the Court Is attaching a GPS tracker to a motor vehicle, and subsequently employing it for tracking its movement on public roads, counted as a search-and-seizure operation under Amendment IV? (United States v. J Continue Reading...
Criminal Law Due Process Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people fe 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...
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...
Case Facts: On July 26, 1985, police officers were called to the residence of Dorothy Jackson whose daughter, Gail Fischer, showed signs of having been battered. She stated that she had been beaten earlier that day by Edward Rodriguez who was sleepin Continue Reading...
In 2003, another study conducted by researchers at Harvard University showed that drinking red wine in moderate amounts may help prevent or postpone diseases like Alzheimer's, a disorder associated with the brain's ability to store information and Continue Reading...
Cannabis in the UK: De-Penalisation, Decriminalisation, or Legalisation? In October of 2015, the Parliament of the United Kingdom was forced to debate whether the current prohibition on cannabis should end in some way. "Forced" is the correct word h Continue Reading...
It also established that so long as a person can expect that their conversation or actions take place in private, they are protected by the Fourth Amendment search and seizure laws relative to surveillance as well as their property (Kitch, 1968). Th Continue Reading...
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests; And law enforcers’ in Continue Reading...
police and law enforcement officers have more or less discretion? Why? Give an example of a specific discretionary power in your answer. What parameters may be used to set the limits to discretion, apart from the provisions of applicable laws? Consi Continue Reading...
3.0 Conclusion After exploring both sides of the death penalty argument, it's important to remember that neither side supports executions based on racial or financial bias. And, all want to see the defendant having competent defense and receiving 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...
Corporal Punishment Death Penalty The death penalty, as well as corporal punishment in general is one of the most controversial issues in America today. It cannot fail to elicit mixed responses within individuals, especially those with very strong c Continue Reading...
Kennedy Assassination The entire Kennedy investigation case is highly unusual at best, and is more likely one that simply reeks of impropriety. There are a number of highly salient aspects about this case that make it readily apparent that certain p Continue Reading...
" The author characterizes the obsession with whiteness and the immorality that it inspires in the treatment of blacks as being (ironically) responsible for the "shriveling and dying" of white souls. He also describes how as a black person, he has a 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...
American criminal justice system evolved, and will examine three cases, judged by the Supreme Court, which have impacted individual rights as opposed to public order. Evolution of the Criminal Justice System Early American colonizers brought with Continue Reading...
" (Paul v. Davis) The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily Continue Reading...
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm Continue Reading...
