Exclusionary Rule Essays (Examples)

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People Don't Heal the Exclusionary

Words: 1605 Length: 5 Pages Document Type: Essay Paper #: 84332393

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 would act illegally on the 'off' chance that the evidence might be admissible under the inevitable discovery doctrine, and could not reasonably calculate if the evidence would inevitably be discovered (Hendrie 1997:2).

The Nix v. illiams finding is an important counterweight to the restrictions the exclusionary rule imposes upon law enforcement officials. In contrast to the arren Court, the Burger Court accepted that, although protecting constitutional rights is important, the exclusionary rule is often a "drastic and socially costly remedy" because it often results in obviously guilty people going free, meaning that the cost of releasing illiams back into the world would have been high, while the gain to society of…… [Read More]

Works Cited

Cooke, Michael. (2002). "Review of Nix vs. Williams." Retrieved 26 Jan 2008 at http://wawa.essortment.com/nixwilliamssup_rnjx.htm

Hendrie, Edward. (1997, Sept.). "The inevitable discovery exception to the exclusionary rule." FBI Law Bulletin. Retrieved 26 Jan 2008 at http://findarticles.com/p/articles/mi_m2194/is_9_66/ai_54061501/pg_1

McInnis, Thomas. (2000). The Christian Burial Case. Prager Paperback.

Nix v. Williams." (1984). Great American Court Cases. Vol. 9. Retrieved 26 Jan 2008 at  http://law.jrank.org/pages/13046/Nix-v-Williams.html
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Federal Rules of Evidence the

Words: 2542 Length: 8 Pages Document Type: Essay Paper #: 62577670



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 the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).

Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.

Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…… [Read More]

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Miranda Rule

Words: 1431 Length: 4 Pages Document Type: Essay Paper #: 50884028

Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.

The Miranda…… [Read More]

References

Author not Available. "The Miranda Rule." FindLaw.com. 2002. 6 Dec. 2003. http://cobrands.public.findlaw.com/newcontent/flg/ch14/st3/mc1.html

Bradley, Craig M. The Failure of the Criminal Procedure Revolution. Philadelphia: University of Pennsylvania Press, 1993.

Carrillo, Silvio. "Do Miranda Rights Create a Loophole for Criminals?" SpeakOut.com. 3 Feb. 2000. 6 Dec. 2003. http://speakout.com/activism/issue_briefs/1148b-1.html

Godsey, Mark A. "Miranda's final frontier, the international arena: a critical analysis of United States v. Bin Laden, and a proposal for a new Miranda exception abroad." Duke Law Journal 51.6 (2002): 1703+.
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Military Rule Shaping Politics and

Words: 2556 Length: 8 Pages Document Type: Essay Paper #: 74196784



The definition for "subversives" is a bit vague, but Fagen explains that in Argentina and elsewhere in Latin American dictatorships the victims of violent repression tended to be union leaders, liberal political leaders, artistic people in cultural circles, student protest leaders and media personalities (p. 41). The whole point of these horrendous repressive policies was to inspire fear, confusion and "distrust" among the general population. For those who believe the United States' military always stands on the side of democratic movements it may come as something of a shock that the U.S. funded and trained many military outfits during the time of dictators in Latin America.

"An entire generation of Latin American military officers and police were armed, trained, and 'professionalized'" by American police and military leaders (Fagen, 1992, p. 43). Fagen says the repression in Argentina was, in part, designed to "Purge ideological infection"; Argentine present General Jorge Rafael…… [Read More]

Works Cited

Fagen, Patricia Weiss. "Repression and State Security." Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press, 1992.

Hunter, Wendy. "Continuity or Change? Civil-Military Relations in Democratic Argentina,

Chile, and Peru." Political Science Quarterly 112.3 (1997): 453-475.

Remmer, Karen L. Military Rule in Latin America. University of Texas: Unwin Hyman, 1989.
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Physical Evidence List and Explain Five 5

Words: 1424 Length: 3 Pages Document Type: Essay Paper #: 80582572

Physical Evidence

List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").

Authentication of physical evidence can be accomplished by:

Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.

A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.

Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.

Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with…… [Read More]

References

Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.

Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:

Thomson/Wadsworth.

S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
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Acquainted With the Law Various Law Terms-3

Words: 1149 Length: 4 Pages Document Type: Essay Paper #: 11966271

Acquainted With the Law

Various Law Terms-3

Insider Trading

This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).

Illegal Insider Trading

This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).

Characteristics of the Inside Information

It must be important and private (Priebe, 2012).…… [Read More]

BIBLIOGRAPHY

Daniels, R. (2012). First property domain laws. eHow: Demand Media, Inc. Retrieved on June 19, 2012 from http://www.ehow.com/facts_8009319_first-property-domain-laws.html

Menamos, J. (2012). Why are hate crimes difficult to prosecute? eHow: Demand Media,

Inc. Retrieved on June 19, 2012 from http://www.ehow.com/info_8769064_hate-crimes-difficult-prosecute.html

Montoya, D. (2012). How has the exclusionary rule impacted criminal cases? eHow:
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Mapp v Ohio Over the Centuries There

Words: 1073 Length: 3 Pages Document Type: Essay Paper #: 2387117

Mapp V. Ohio

Over the centuries, there has been considerable debate as to the application of the Bill of ights 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 (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together,…… [Read More]

References

Barron V. Baltimore. (2007). Constitution.org. Retrieved from:  http://constitution.org/ussc/032-243a.htm 

The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from:  http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html 

Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html

US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542
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Evidence in General Reciprocal Discovery

Words: 1386 Length: 5 Pages Document Type: Essay Paper #: 79184310



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 investigators and regardless of the value of the evidence recovered there is no clear acceptance of the principle as a tactic in a "fair" proceeding. If the police and/or prosecution was given free reign to gain and submit evidence in whatever manner they could the accused would surely not have a fair trial. This is why in fact the police are separate from the prosecution in any case, to ensure that both are not somehow responsible for actions that can violate the rights of the defendant.

Many people have argued against the exclusionary rule, as it frequently results in overturned or unattained convictions of presumably guilty parties and is said…… [Read More]

Works Cited

Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: Bobbs-Merrill, 1960.

The Justice Project, Expanded Discovery in Criminal Cases, 2007, March 15, 2008 from http://www.thejusticeproject.org/solution/Discovery/discovery-lr.pdf.

Mirfield, Peter. Silence, Confessions, and Improperly Obtained Evidence. Oxford: Clarendon Press, 1997.

Myers, Therese M. "Reciprocal Discovery Violations: Visiting the Sins of the Defense Lawyer on the Innocent Client." American Criminal Law Review 33.4 (1996): 1277-1298.
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Criminal Justice - Policing Criminal

Words: 1074 Length: 4 Pages Document Type: Essay Paper #: 52654718

To the extent that crime is a function of larger social issues, it is unrealistic to expect those underlying social problems to be rectified by law enforcement efforts. Even with respect to specific incidence of criminal behavior, law enforcement authorities must address two competing interests that fall within the purview and responsibility of law enforcement.

Specifically, poverty, unwanted pregnancy, lack of educational and vocational opportunities, and perceived social "disenfranchisement" within communities contribute heavily to crime in those areas but none of those social factors are capable of being redressed directly by law enforcement authorities. Likewise, even within the realm of law enforcement responsibilities, emphasis on quality-of-life-oriented policing and crime prevention-oriented policing conflict with the goal of preventing crime in light of empirical evidence and anecdotal experience demonstrating that efforts directed at the former do not necessarily achieve the goals of the latter appreciably.

In that regard, directed police patrols and…… [Read More]

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Rights of Individuals

Words: 1053 Length: 3 Pages Document Type: Essay Paper #: 16288381

Protecting Liberty

Individual rights

Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).

One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]

References

ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history.

Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.

LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from http://www.law.cornell.edu/wex/criminal_procedure.

Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.
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Law Enforcement - Dubious Value

Words: 3012 Length: 11 Pages Document Type: Essay Paper #: 79998387

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 this particular element of analysis.

However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]

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Fourth Amendment it Is a Traditional Belief

Words: 1651 Length: 5 Pages Document Type: Essay Paper #: 16725417

Fourth Amendment

It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]

References

"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.

Retrieved from http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO-

CONAN-2002-9-5.pdf

Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS
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Role of Civil Sanctions in

Words: 2951 Length: 11 Pages Document Type: Essay Paper #: 39123081

If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeiture hearing where only the person's property is in jeopardy.

Law enforcement officials have much to gain in the outcome of the issues raised in Scott, and will likely bring challenges to the exclusionary rule in civil forfeiture. While the court's trend is moving away from applying the exclusionary rule in civil contexts, law enforcement agencies are increasingly relying on civil tools to attack crime. At the forefront of this movement is the use of civil forfeiture to seize the fruits and instrumentalities of the narcotics trade. Civil forfeiture statutes allow law enforcement officers to seize privately held assets that have been used in a crime, a practice…… [Read More]

References

Crandley, Mark J (2001) a Plymouth, a parolee, and the police: the case for the exclusionary rule in civil forfeiture after Pennsylvania Board of Probation and Parole v. Scott.

Albany Law Review

Bilionis, Louis D. (1998) Process, the Constitution, and substantive criminal law.

Michigan Law Review
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Terry vs Ohio Police Officer

Words: 1773 Length: 5 Pages Document Type: Essay Paper #: 20826261

The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourth Amendment? The Court in an 8-to-1 decision held that the investigation done by the officer was sensible under the Fourth Amendments and that the arms captured can be presented as a proof against Terry. The Court found that the officer performed based on his intuition and that a sensibly cautious man would have been reasonable in thinking that Terry was having weapons and thus pose a risk to the officer's safety while he was searching. The Court found out that the investigation done was in a restricted level and was intended to safe guard the officer's security during the search. (Terry v. Ohio: (www.oyez.org)

eferences

Fourth…… [Read More]

References

Fourth Amendment Law" Retrieved at  http://www.robertslaw.org/4thamend.htm . Accessed on 1 March 2005

Legal guide for officers and supervisors" Retrieved at http://www.llrmi.com/Articles/ct-questioning.cfmAccessed on 1 March 2005

Review of the Terry vs Ohio case" Retrieved at http://mo.essortment.com/terryohiostop_rorf.htm. Accessed on 1 March 2005

Terry v. Ohio" Retrieved at http://www.oyez.org/oyez/resource/case/378/. Accessed on 1 March 2005
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Federal Grand Jury

Words: 753 Length: 2 Pages Document Type: Essay Paper #: 8590714

Federal Grand Jury

The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial. This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it.

Basic Duties

The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the…… [Read More]

References

Report by the Commission to Reform the Federal Grand Jury." (2000). Legislation: National Association of Criminal Defense Lawyers. Retrieved on June 18, 2004 at http://www.nacdl.org/public.nsf/freeform/grandjuryreform?opendocument

Brenner, Susan. (2003). "Federal Grand Juries." University of Dayton: School of Law Website. Retrieved on June 18, 2004 at http://www.udayton.edu/~grandjur/fedj/fedj.htm#Introduction

Unless a defendant waives his or her right to be indicted by a grand jury

Regular grand juries" spend more time considering evidence submitted by prosecutors, while "Special grand juries" spend more time investigating criminal activity
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Security Department Policy

Words: 1426 Length: 5 Pages Document Type: Essay Paper #: 45140883

Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal police department requires private security officers to be licensed as "special police" officers in order to legally search or arrest people. Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1.

4. Industries and organizations that use special and/or commissioned officers and for what purposes

a. There is a truly broad range of industries and organizations which use special police officers. These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force. These often involve the need…… [Read More]

Bibliography

http://www.seattlepi.com/local/430256_harborview.html

U.S. Constitution

Amy Goldstein, Washington Post, the Private Arm of the Law January 2, 2007
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Fifth Amendment Miranda Issues the

Words: 1097 Length: 4 Pages Document Type: Essay Paper #: 18072062

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 Wilma's murder (Dershowitz, 2002; Zalman, 2008).

Search and Seizure and Unlawful Arrest Issues:

The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.

However, the police did seize Fred's vehicle, which was an impermissible…… [Read More]

References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Friedman, A. (2005). A History of American Law. New York: Touchstone.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
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Manson v Brathwaite the Government Prosecuted Respondent

Words: 637 Length: 2 Pages Document Type: Essay Paper #: 64136058

Manson v. Brathwaite, the government prosecuted respondent and he was convicted of possession and sale of heroin. The United States Court of Appeals for the Second Circuit reversed the dismissal of respondent's petition for habeas corpus relief, with orders to issue the writ unless the government gave notice to retry respondent and the new trial took place within a reasonable time. The government sought certiorari review.

Respondent, on a claim for habeas relief, proposed a per se rule of barring that he claimed was dictated by the demands of the Fourteenth Amendment's guarantee of due process. The Court used the entirety of the conditions test and concluded that the criteria appropriate in determining the acceptability of evidence offered by the prosecution in relation to identification were suitably met and complied with in respondent's case. The Court reasoned that the factors that had to be measured included the occasion of the…… [Read More]

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Analyzing the Forth Amendment

Words: 6920 Length: 20 Pages Document Type: Essay Paper #: 92815852

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 breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]

References"

(n.d.). Annenberg Classroom. The Right to Protection against Illegal Search and Seizure. Retrieved April 27, 2016, from  http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_15_Our_Rights.pdf 

(n.d.). Arizona Defense Attorney James E. Novak Law Blog -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Requirements and Exceptions to Lawful Search Warrants in Arizona -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Retrieved April 26, 2016, from http://blog.novakazlaw.com/2013/01/requirements-and-exceptions-to-lawful-search-warrants-in-arizona/

Boyd v. United States, 116 U.S. 616 (1886)

(n.d.). Conservative Policy Research and Analysis. Guide to the Constitution. Retrieved April 25, 2016, from http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures
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Fourth Amendment

Words: 699 Length: 2 Pages Document Type: Essay Paper #: 53729839

Fourth Amendment by the United States Supreme Court has sometimes been characterized by several controversies. One of the controversies associated with Supreme Court's interpretation of the Fourth Amendment is the belief that it's a demonstration of the challenges in determining a fair balance. As a result of this interpretation, a public-order advocate may argue that the exclusionary rule has restricted the capabilities of law enforcement officers to effectively safeguard the community. In contrast, an individual-rights advocate may claim that the changes have contributed to positive police reforms, which necessitates the expansion of such rights. Therefore, the exclusionary rule continues to generate various debates regarding its impact and relevance in the modern society.

Generally, the exclusionary rule is a right to be free from the Fourth Amendment's unreasonable searches and seizures, which in turn provides a dilemma for the society. For some people, this rule gives every individual the right to…… [Read More]

Works Cited

"Annotation 6 - Fourth Amendment." Findlaw - For Legal Professionals. Thomson Reuters, 31 Mar. 2015. Web. 03 Apr. 2015. .

Maclin, Tracey. "The Central Meaning of the Fourth Amendment." William & Mary Law Review 7th ser. 35.1 (1993): 197-249. William & Mary Law School - Scholarship Repository. Digital Commons, 1993. Web. 4 Apr. 2015. .

Slobogin, Christopher. "The Liberal Assault on the Fourth Amendment." OHIO STATE JOURNAL OF CRIMINAL LAW 4 (2007): 603-18. The Ohio State University - Moritz College of Law. The Ohio State University | Michael E. Moritz College of Law, 11 Mar. 2007. Web. 4 Apr. 2015. .
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Criminal Justice Perjury in Policing

Words: 1551 Length: 5 Pages Document Type: Essay Paper #: 96661013

Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule (Schott, 2006)..

Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of the accused with the need to preserve the admissibility of evidence when violations associated with its procurement do not rise to the level necessitating its exclusion. More than any other factor, this balance also allowed police the appropriate freedom to perform their assigned function of preventing crime, apprehending criminal suspects, and collecting evidence without having to compromise their ethics and violate their sworn oaths to do so effectively.

eferences

Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed…… [Read More]

References

Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed September 15, 2007, at  http://www.soc.umn.edu/%7Esamaha/cases/cloud_dirty_secret.html 

Foley, M. (2000) U.S. Department of Justice, Police Perjury: A Factorial Survey. Accessed, September 15, 2007, at http://www.ncjrs.gov/pdffiles1/nij/grants/181241.pdf

Hendrie, E. (1997) FBI Law Enforcement Bulletin, the Inevitable Discovery Exception to the Exclusionary Rule. Accessed September 15, 2007, at http://www.fbi.gov/publications/leb/1997/sept697.htm

Raymond, M. (1998) St. John's Law Review; Police Policing Police: Some Doubts.
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Decisions of Rehnquist & Warren the Field

Words: 2798 Length: 8 Pages Document Type: Essay Paper #: 98355510

Decisions of ehnquist & 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 major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts. These three courts have changed the legal landscape in the cases involving criminal procedure and, in the process; have created a great deal of controversy (Bloom, 2010).

The application of the Bill or ights to the states has been an acrimonious issue in the U.S. Supreme Court for a number of years. It all began when the Warren Court began applying the Fourth, Fifth, and Sixth Amendments directly against the states, under a doctrine that became to be known as selective incorporation. The Warren Court used the selective incorporation method…… [Read More]

References

Arizona v. Evans, 514 U.S. 1 (U.S. Supreme Court March 1, 1995).

Atwater v. City of Lago Vista, 532 U.S. 318 (U.S. Supreme Court April 24, 2001).

Bloom, R.M. (2010). Cases on Criminal Procedure. Riverwoods, IL: CCH .

California v. Minjares, 443 U.S. 916 (U.S. Supreme Court August 22, 1979).
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Ohio Case Brief Mapp v

Words: 1817 Length: 6 Pages Document Type: Essay Paper #: 39118054



K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…… [Read More]

Works Cited

Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
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Mapp v Ohio Citation of Case 367

Words: 1027 Length: 3 Pages Document Type: Essay Paper #: 69420530

Mapp v. Ohio

Citation of Case: 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961)

Facts: Cleveland police came to Mapp's home on 23 May, 1957, acting on information that someone was hiding there. This person was wanted for questioning and the police had information that not only the person but the equipment used for a recent bombing was hidden in the home. They demanded to enter but Miss Mapp refused because her attorney advised that she not allow them to enter without a search warrant. The officers contacted headquarters and begin a surveillance of the house. Three hours later there were more officers on the scene and they once again asked for entrance to the home. She did not answer the door immediately and one of her doors was then forced open by police. Miss Mapp's attorney arrived and officers would not let him come in or…… [Read More]

Bibliography

Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961). Findlaw. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=367&invol=643.

Weeks v. United States. 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652. (1914). http://216.109.117.135/search/cache?p=%22weeks+v.+United+States%22&ei=UTF-8&cop=mss&u= www.pace.edu/lawschool/dld/CrimPro1_Materials/WEEKS. PDF&w=%22weeks+v+united+states%22&d=29F96E0583&c=482&yc=21415&icp=1>.
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5th Amendment the History of

Words: 1809 Length: 6 Pages Document Type: Essay Paper #: 67065632

The privilege against self-incrimination originally came to pass through colonial history. It went against both the moral and physical compulsion of taking an oath to what was believed to be a vengeful God and having a pious soul. It also became a defensive weapon against society and the laws and proceedings that often took place, in that it allowed a person to insist that they did not have to and were not going to answer a particular question that was asked of them, and what was more, they did not have to answer the question because they were protected under the law.

Somewhere along the way, though, this protection that was designed for a very specific purpose began to be extended to other purposes, therefore 'watering down' the importance of the 5th amendment and making it into somewhat of a joke as opposed to a serious legal matter that can…… [Read More]

Bibliography

Bart v. United States. 349 U.S. 219 (1954).

Counselman v. Hitchcock. 142 U.S. 547 (1891).

Emspak v. United States. 349 U.S. 190 (1954).

Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961).
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American Government Politics

Words: 2631 Length: 10 Pages Document Type: Essay Paper #: 93279002

American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.

Fourth Amendment

Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy. However, according to the conclusion of the Court, the Fourth Amendment does not "protect all property interests or apply to all situations where people might wish to protect their privacy." Perhaps, never has this amendment felt more threatened than today. The attacks on the orld Trade Center on September 11th, spurred the hite House Administration to create the office of…… [Read More]

Works Cited

Civil Rights Reduced." Denver Rocky Mountain News. April 28, 2001.

McWhirter, Darien A. Search, Seizure, and Privacy: Exploring the Constitution.

Greenwood Publishing Group. October 1994.

Rosen, Jeffrey. " Liberty Wins - So Far; Bush Runs Into Checks and Balances in Demanding New Powers." The Washington Post. September 15, 2002.
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Mapp v Ohio Case Briefs

Words: 646 Length: 2 Pages Document Type: Essay Paper #: 24472764

Mapp v. Ohio

Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to conduct a search in regard to the same. The petitioner, after consulting with her attorney, refused to let them in because they did not have a warrant to that effect. The officers left, but returned several hours later holding up a sheet of paper that they claimed was a search warrant. They forcibly made their way into the house, conducted a thorough search, and seized a trunk containing obscene materials in the basement. They then charged the defendant for the possession of obscene materials in violation of state law. The defendant filed an appeal on grounds that the search conducted by police in her boardinghouse violated the…… [Read More]

Works Cited

Case Briefs. "Mapp v. Ohio." Case Briefs, 2014. Web. 17 November 2014 http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/mapp-v-ohio-3/2/

Ranney, James. "The Exclusionary Rule -- the Illusion vs. The Reality." Montana Law Review 46.2 (1985): 289-305.
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Fourth Amendment an Overview of Constitutional Searches and Seizures

Words: 1384 Length: 5 Pages Document Type: Essay Paper #: 48061408

Fourth Amendment

For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case law and journal articles) to highlight the issues. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. (McInnis, 2009) (Lively, 1999)

Body

The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: the use of…… [Read More]

References

Alvarez, A. (2010). A Reasonable Search for Constitutional Protection. UC Davis Law Review, 44, 363-371

Lively, D. (1999). Landmark Supreme Court Case. Westport, CT: Greenwood Press.

McInnis, T. (2009). The Evolution of the Fourth Amendment. Lanham, MD: Lexington Books.

Orthmann, C. (2012).Criminal Justice in America. Belmont, CA: Thomason.
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2004 Case of Missouri v Seibert That

Words: 368 Length: 1 Pages Document Type: Essay Paper #: 68962041

2004 case of Missouri v. eibert that was appealed to the U.. upreme Court to generate a new rule prohibiting a specific practice often used by, and taught to police officers. That technique involved a two-tiered interrogation strategy expressly designed and intended to circumvent the Fifth Amendment constitutional protections guaranteed by the Miranda rule. The way the strategy worked was that police would deliberately delay reading Miranda warnings to question suspects for the purpose of acquiring information about their culpable conduct. Afterwards, they would Mirandize the same subject and then re-open the discussion, referencing that information. The suspects invariably made admissions of guilt after being Mirandized because they knew they had already provided the information and were unaware of the legal distinction of statements "inside" and "outside" of Miranda warnings.

The first admission is absolutely inadmissible. At the time it was made, the suspect was already participating in a custodial…… [Read More]

Sources Consulted

Hoover, L. "The Supreme Court Brings an End to the "End Run" Around

Miranda." FBI

Law Enforcement Bulletin, Vol. 74, No. 6 (June, 2005): 26 -- 32.

http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/2005-
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1950s Police Operations in the

Words: 1057 Length: 3 Pages Document Type: Essay Paper #: 10949491

S. Supreme Court's decisions in Escobedo v. Illinois (Escobedo v. Illinois, 1964) and Miranda v. Arizona (Miranda v. Arizona, 1966). These two cases dramatically altered how police treated criminal defendants subsequent to their arrests and forced police agencies throughout the United States to develop new procedures. The reading of what have become to be popularly known as Miranda rights has become a routine part of every arrest. Like it has in many areas of criminal procedure, the U.S. Supreme Court has narrowed the application of Miranda and gradually chipped away at the rights originally granted by the Court that decided the case. Two of the more significant cases were decided in 1984 when the Court allowed an exception to Miranda in the case of New York v. Quarles (New York v. Quarles, 1984) so that police can use Miranda statements in situations involving public safety. Additionally, in a companion case…… [Read More]

References

Escobedo v. Illinois, 378 U.S. 478 (U.S. Supreme Court 1964).

Mapp v. Ohio, 367 U.S.643 (U.S. Supreme Court 1961).

Miranda v. Arizona, 384 U.S.436 (U.S. Supreme Court 1966).

New York v. Quarles, 467 U.S. 649 (U.S. Supreme Court 1984).
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Reducing Crime

Words: 713 Length: 2 Pages Document Type: Essay Paper #: 43517338

educing Crime:

From the beginning of the 19th Century, the criminal justice system has basically revolved between two models that are geared towards reducing crime through distinct approaches. As part of their different approach, the crime control and due process models have separated the individuals that work in the criminal justice system. The crime justice structure has used more of crime control model than the due process model which has enabled the Supreme Court to rule on a number of court cases that extends the rights of culprits. These court cases include absolute defense against search and arrest as well as providing attorneys to unlawful defendants at the cost of state. It was noted that after a certain period of time, the rate of crime started to increase, the economy failed and people lost confidence with the government.

The purpose of the due process model was to maximize on powers…… [Read More]

References:

Delaney, K. (2009, December 7). Due Process vs. Crime Control. Retrieved August 21,

2012, from http://voices.yahoo.com/due-process-versus-crime-control-5003656.html

"Which Model? Crime Control or Due Process." (n.d.). Cliffs Notes. Retrieved August 21, 2012,

from http://www.cliffsnotes.com/study_guide/Which-Model-Crime-Control-or-Due-Process.topicArticleId-10065,articleId-9911.html
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Terrorism and Raymond James Stadium

Words: 3212 Length: 9 Pages Document Type: Essay Paper #: 76452618

According to Stefanie Olson (2001), the Act provides government with increased electronic surveillance, search and data gathering power. Under the guise of tracking down "potential" terrorists, the expansion of Internet eavesdropping technology provides the government with full viewing rights into any private life they choose. In this way, immigrants who enter the country and conduct their business in a perfectly legal manner are now targeted for such surveys (White, 2008).

Local and National Changes in Law Enforcement - the basic mission of law enforcement and foreign/defense policy in the United States has dramatically changed since the events of 9/11 and the subsequent "War on Terrorism." Since 9/11, policies across the United States and abroad have changed from being reactive to being intensely proactive. There, are, however, several challenges faced by law enforcement and the legal issues of defense and foreign policy regarding this new approach to terrorism (Simonson, 2006).

Even…… [Read More]

REFERENCES

"After 9-11, Security Job Openings Abound," cited in:

http://usgovinfo.about.com/library/weekly/blsecurityjobs.htm

Bergen, P. (December 5, 2008). "WMD Terrorism Fears are Overblown." CNN

Politics.Com. Cited in:
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Fourth Amendment the Right of the People

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 127143

Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]

Olmstead v. U.S.

Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).

The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging
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Consequences of Police Violating the 4th Amendment

Words: 606 Length: 2 Pages Document Type: Essay Paper #: 16532129

Fourth Amendment Violations

4th Amendment Violations

Fourth Amendment Violations and Recourse

The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.

It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set the precedent that any…… [Read More]

Works Cited

Bivens v. Six Unknown Named Agents, 403 U.S. 38. Supreme Court of the United

States. 1971. Findlaw. Web. 6 Dec. 2012.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=403&invol=388

Mapp v. Ohio, 367 U.S. 643. Supreme Court of the United States. 1961. Oyez Project
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Is Stop and Frisk Racial Profiling

Words: 1035 Length: 3 Pages Document Type: Essay Paper #: 26261664

Stop and Frisk: The Efficacy of This Technique

Stop and frisk is one of the most controversial techniques used by the NYPD to reduce crime. Stop and frisk, as its name suggests, is when police officers stop pedestrians on the street and frisk them for drugs, weapons, and other illegal substances. On the surface, it might seem as if this is a violation of the Fourth Amendment which prohibits searches and seizures without probable cause. Almost by definition, stop and frisks are conducted without adhering to usual standards of probable cause since they are usually made relatively randomly at police discretion with only minor evidence of an infraction. Furthermore, the NYPD's specific stop and frisk program was recently declared unconstitutional but not primarily based on the Fourth Amendment. According to the district court judge the policy was "discriminatory, and showed little regard for the requirement that stops be based on…… [Read More]

Works Cited

Bergner, D. "Is stop and frisk worth it?" The Atlantic. Mar 2014. [20 Mar 2014]

http://www.theatlantic.com/features/archive/2014/03/is-stop-and-frisk-worth-it/358644/

"Stop and frisk data." NY Civil Liberties Union. [20 Mar 2014]

 http://www.nyclu.org/content/stop-and-frisk-data
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International Development Law and Banking and Finance Law

Words: 9595 Length: 30 Pages Document Type: Essay Paper #: 48754475

English Right of Set-Off and Combination in the Circumstance of Insolvency

The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]

Works Cited

Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)

Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)

Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)

Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)
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Count 3996 Most Important

Words: 4005 Length: 13 Pages Document Type: Essay Paper #: 22662564

They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the guilt or innocence of the accused.

The advantages of the jury system lie in the foundational elements articulated and supported by amendments and the Supreme Court. The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" (Landsman & Hastings 1992). A speedy trial was emphasized to avoid the accused languishing in prison for extended periods of time prior to a trial, or have the accused fate put off for an indeterminate amount of time. Further, the Sixth Amendment guarantees every citizens right to an impartial jury. The intent is that the prospective juries not enter into the…… [Read More]

Bibliography

Ackerman, B. (1993). Neo-federalism? Constitutionalism and Democracy, Cambridge:

Allan, T. (2001). Constitutional justice: A liberal theory of the rule of law, Oxford: Oxford University Press.

Decent, E. (2010). Democratizing common law constitutionalism, McGill Law Journal, 55(3), 511-535.

Hogue, A. (1986). Origins of the common law. Indianapolis: Liberty Press.
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Criminal Justice - Miranda Modern

Words: 1637 Length: 6 Pages Document Type: Essay Paper #: 39655642



Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.

Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…… [Read More]

References

Dershowitz, a. (2002) Why Terrorism Works.

New Haven: Yale University Press.

Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.

New York: Little Brown & Co.
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Diversity in a Police Force

Words: 8386 Length: 30 Pages Document Type: Essay Paper #: 74768641

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 primarily white and male in composition. The impetus for effecting substantive changes in the composition of the nation's police forces will therefore need to be mandated in order for things to change in any meaningful way. The desirability of developing a more diverse police force that reflects the demographic composition of the larger communities they serve has been recognized as an important element in this regard. For instance, as Hood, othstein and Baldwin (2004) emphasize, "Any geographically extended political system can set standards from the center, but diversity in law enforcement is often seen as both necessary and desirable" (p. 175). Although it may be necessary and desirable, there are…… [Read More]

References

Barlow, David E. And Melissa Hickman Barlow. 1999. "Cultural Diversity Training in Criminal Justice: A Progressive or Conservative Reform?" Social Justice 20(3-4): 69-70.

Bedi, K. And R.K. Agrawal. 2001. "Transforming values for principle-centered living: Evidence from Delhi police personnel." Journal of Power and Ethics 2(2): 103.

Broadnax, Walter D. 2000. Diversity and Affirmative Action in Public Service. Boulder, CO: Westview Press.

Culver, Leigh. 2004. Adapting Police Services to New Immigration. New York: LFB Scholarly Publishing.
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Landmark 4th and 5th Amendment

Words: 1329 Length: 4 Pages Document Type: Essay Paper #: 42869343

On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as required by the 4th Amendment (Schmalleger, 2009).

The Supreme Court decided that the type of search the police officer conducted was not prohibited by the 4th Amendment. Instead, it was a reasonable and appropriate means of ensuring the safety of the officer from concealed weapons in a tactical situation in which that concern was appropriate in light of the totality of the circumstances in which it occurred. While the 4th Amendment does prohibit more invasive searches with the intention of finding evidence of crimes, (such as for concealed contraband or of small containers), it does not prelude an external frisk now known as a Terry frisk or Terry…… [Read More]

References

Delattre, E. (2006). Character and Cops: Ethics in Policing. Washington, DC:

American Enterprise Institute for Public Policy Research.

Hendrie, E. (1997) "The Inevitable Discovery Exception to the Exclusionary Rule." FBI

Law Enforcement Bulletin. Accessed 16 Dec 2011, at:
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Why Airport Searches Are Constitutional

Words: 971 Length: 3 Pages Document Type: Essay Paper #: 54388931

Administrative Search Exception

Administrative Search Exemption

Administrative search exception: Why it applies to airport searches

The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. However, "while the new TSA enhanced pat downs may violate the Fourth Amendment on the surface, what most people are not aware of is that the 9th Circuit Court of the United States ruled on the search of passengers in airports back in 1973, which effectively suspends limited aspects of the Fourth Amendment while undergoing airport security screening" (Frischling 2010). The U.S. Supreme Court case which established the exclusionary rule as a rule of law (the idea that 'fruit of the poisonous tree' evidence obtained illegally could not be used against a defendant in a court of law) was not found to be applicable in this particular category of searches. The U.S. Supreme Court had already established in 1968…… [Read More]

References

Frischling, S. (2010). How The TSA Legally Circumvents The Fourth Amendment. Flying with Fish. Retrieved from:

http://flyingwithfish.boardingarea.com/2010/11/20/how-the-tsa-legally-circumvents-the-fourth-amendment/

Skean, B. (2002). NIU's Northern Exposure Airport exceptions to the Fourth Amendment's warrant requirement. Retrieved from: http://www.dcbabrief.org/vol140202art5.html

Terry v. Ohio. (1968). LII. Retrieved from:
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Troy Stone Is Showing How the Police

Words: 1666 Length: 5 Pages Document Type: Essay Paper #: 46722790

Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the confession. To fully understand what is occurring requires focusing on: possible arguments which can be raised on Stone's behalf, if there was a violation of his constitutional rights and case law that supports these claims. Together, these elements will illustrate how Stone's civil rights were violated during the course of the investigation.

Discuss the arguments you think Taylor will raise on Stone's behalf regarding the lineup, interrogation, and confession.

There are a number of arguments which can be raised that will…… [Read More]

References

Bill of Rights. (2012). Archives.org. Retrieved from: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

Fourteenth Amendment. (2013). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/constitution/amendmentxiv

Sixth Amendment Supreme Court Cases. (2013). Revolutionary War and Beyond. Retrieved from:  http://www.revolutionary-war-and-beyond.com/sixth-amendment-court-cases-right-to-counsel-clause.html 

Gates v. Illinois. (2010). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/462/213/
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Training of the Metropolitan Police

Words: 12930 Length: 47 Pages Document Type: Essay Paper #: 50785881

Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, evaluation, learning retention and more efficient and effective use of resources which are by definition scarce.

These broad general issues were refined for the purposes of this study into the research questions stated below.

esearch Questions

What is the background of the District of Columbia area policy and community relations since World War II?

What are some major problems preventing positive relations between communities and the District of Columbia Metropolitan area police?

Can training programs of the District of Columbia Metropolitan Police Department enhance community relations?

What training modules can be used to enhance relations between surrounding communities in the District of Columbia Metropolitan area law enforcement?

Significance of the Study

esearch Design…… [Read More]

References

Aben, E.L. (2004, September 13) Local police institution cites linkages with foreign law enforcement agencies. Manila Bulletin, 3.

About OPC. (2008). District of Columbia Office of Police Complaints. [Online]. Available: http://occr.dc.gov/occr/cwp/view, a,3,q,495435,occrNav_GID,1469,occrNav,|31085|,.asp.

Bedi, K. & Agrawal, R.K. (2001). Transforming values through Vipassana for principle- centered living: Evidence from Delhi police personnel. Journal of Power and Ethics, 2(2), 103.

Billington, J. (2008, March 7). Officers get crash course. Tulsa World, 1, 3.