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One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from Jack Jones. The Proposed Consent Decree does provide a heightened degree of transparency to the cell searches, and this is necessary since the inmates should be aware of exactly what is being confiscated from their cell and whether the cell search is conducted in a respectful manner. In this manner, the Proposed Consent Decree ensures that the basic human rights of the inmates are protected.
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As the Appellate Court Decision of Carter v. State demonstrates, Jack Jones should have been awarded a new trial as the sheet of paper should not have been admissible as evidence. While there remain contingent variables that would affect whether or not a new trial should have been awarded, such as whether or not Jones' lawyers filed for a new trial in a timely manner (the description of the situation makes no mention of how quickly Jones' lawyers initiated the civil action), the Proposed Consent Decree should contain some mention of the necessity to not admit any evidence that was extracted through unlawful procedures.
The Proposed Consent Decree thus does not adequately address the most pertinent aspects of the situation, focusing on the property damage that resulted from the search rather than the murder trial involving Jack Jones. Aspects of the Decree are under-inclusive while other aspects are over-inclusive; however, the overriding issue concerning the admissibility of evidence that was wrongfully obtained remains unaddressed.
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government,
Law Enforcement Khalid (2012) describes one incident in the ongoing conflict between American law enforcement and minority communities. Recently, the FBI hired an informant to pose as a Muslim in order to spy on the Iowan Muslim community in search of terrorist ties. The imposter went to mosque and forged ties with local Muslims. When the espionage was exposed, the Muslim community public expressed utter betrayal, according to Khalid (2012). In
While its goals may be commendable, restorative justice is nevertheless a disaggregated model. Uniting relational justice, participative or consensual justice and changing or improvement justice, restorative justice has become a concept that has something for everyone (Wilson, 2012). The Case for Rehabilitation The Attack on the Rehabilitative Ideal A premise that has endured all through the history of American corrections is that labors should be put forth to reform those who commit
Written into the legal changes would be protocols for review of cases to re-determine parole eligibility in certain cases but especially those where the latter crimes were non-violent and relatively minor offences. Because of this review aspect the legal and physical changes of this alternative is the most effective in both the short-term and long-term, of dealing with prison overcrowding. This alternative was chosen, not because it is the
Australian Administrative Law Seeking Reasons for an Administrative Decision SOUTHERN FARMERS GROUP LTD Level 6, Juvenile House, 12 Independent Street, Adelaide Facsimile: 323-7-895 The Honorable Mr. David Goren DEPUTY COMMISSIONER OF TAXATION (SA) Travel House Income Tax Assessment Act 1936 s 263 Dear Mr. Goren, Request for Statement of Reasons We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of Boumediene v. Bush that