Battered Woman Syndrome Chapter

Length: 2 pages Sources: 2 Subject: Business - Law Type: Chapter Paper: #83901218 Related Topics: Insanity Defense, Down Syndrome, Criminal Procedure, Jurisprudence
Excerpt from Chapter :

Criminal Defense -- Mental Insanity / Georgia v. Randolph / Fernandez v. California

What defenses, if any, were used in these cases? (Georgia v. Randolph) Scott Randolph wanted the cocaine possession thrown out because he said he did not give permission; however Georgia defended the search because the consent of one "joint occupant…who has common authority," is consistent with the Fourth Amendment and with U.S. v. Matlock. However, the High Court ruled that when co-occupants are not in agreement as to letting police search, the search is then illegal. In the Fernandez v. California case, the High Court argued that if the police were restricted from getting permission from the girlfriend -- and had to ask the suspect to grant a search -- that would "impose unnecessary restrictions on law enforcement."

How did these cases impact law enforcement and prosecutors? The decision in Fernandez v. California overturned Georgia v. Randolph, so basically the way it impacts police is that when one of two or more people that inhabit the premises give consent for police to...

...

Prosecutors need to know that just one person living in a house can give permission; hence the 14th Amendment isn't violated.

Do you agree with the Supreme Court's decision? I certainly do agree with the High Court's ruling. When one person who is inhabiting a household (even though that person isn't the owner) authorizes police to search (and police have probably cause), asking police to get a warrant would be another bureaucratic procedure which should not be needed.

Were these decisions consistent with each other? How does consistency in legal decisions positively or negatively impact law enforcement officers and attorneys? These two court cases were very similar, but they did not have consistent outcomes. The Fernandez case gave the High Court the chance to, in effect, take a second look at Randolph. So what police (and attorneys) believed they had to obey in Randolph changed with Fernandez. This flip-flop could be seen as a negative impact on law enforcement and attorneys.

#2: If you were Lacey's defense attorney, would defenses would you use? If I were Lacey's attorney, I would very carefully research the Battered Woman's Syndrome (BWS) because it certainly appears that she was beaten for a period of five years by her husband. And then the husband pushed her down the stairs and beats here more…

Sources Used in Documents:

Works Cited

Cipparone, R.C. (1987). The Defense of Battered Women Who Kill. University of Pennsylvania Law Review. 135(524). Retrieved July 30, 2015, from http://www.scholarship.law.upenn.edu.

Cornell Law. (2006). Insanity Defense. Retrieved July 30, 2015, from http://www.law.cornell.edu.

Supreme Court of the United States. (2005). Georgia v. Randolph. Retrieved Malo, A., Barach, M.P., and Levin, J.A. (2010). The Temporary Insanity Defense in California. PLRI Public Law Research Institute. Retrieved July 30, 2015, from http://www.gov.uchastings.edu.

Supreme Court of the United States. (2014). Fernandez v. California. Retrieved July 30, 2015, from http://www.scotusblog.com.
Using the Trial Expert to Change Social Norms. Retrieved July 30, 2015, from http://www.americanbar.org.


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