Probable Cause Essays (Examples)

Criminal Proceedings -- Probable Cause

The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an arrest" or conduct a search or get a warrant from a judge (www.law.cornell.edu). Most courts find probably cause a justifiable reason to issue a warrant when there is "…a reasonable basis for believing that a crime may have been committed" (www.law.cornell.edu). Moreover, when shown evidence that there is probable cause to believe an arrest should be made -- or a search warrant should be issued -- a judge will in most cases accept the "probably cause" component that is used by law enforcement to fight crime and terrorism.

Probable Cause

The Director of the FBI, Robert Mueller, testified in front of the Senate Judiciary Committee of the U.S. Senate in March, 2011,…

This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to detect these hidden directories. This requires that searching authorities examine all the stored data to determine whether it is included in the search warrant. This sorting process can take weeks or months, depending on the volume of data stored. This would make it impractical to attempt this kind of forensic analysis on site at the time of search warrant execution. Searching computer systems for criminal evidence is a highly technical process requiring expert skills in a properly controlled environment. The vast…

Cause

A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is not required to enter a third person's garage if the officer has probable cause to believe that the defendant does not have the owner's consent to be in the garage, as his presence there for the purpose of evading the police constitutes burglary. The officer may enter the garage without a warrant if he believes the defendant's presence there is a threat to another person. A search warrant is required if the officer does not have probable cause to believe…

The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires reasonable belief as opposed to reasonable certainty. Thus, probable cause is supposed to be a stronger standard of evidence than reasonable suspicion. but, the difference between what constitutes reasonable certainty vs. reasonable belief is often highly subjective. In some instances of probable cause there is specific evidence of a crime such as fingerprints or evidence in plain view, but in other instances the context of a situation comes into play and this is where the line between probable cause and reasonable suspicion becomes blurred. For example, hearsay evidence or suspicious activity can support probable cause in instances where there are reliable sources or other evidence that increase the degree of certainty to…

Cause lead world war.

In spite of the fact that it happened almost a century ago, the First orld ar continues to intrigue people as a consequence of the forces involved in it, as a result of the catastrophic number of casualties, and generally because it demonstrates the fact that people are (or at least, they were) unhesitant about committing great crimes in order to impose their absurd thinking on others. It is difficult to determine whether the motives behind the war can be considered reasonable, especially given the fact that Europe had been in a state of turmoil years before the Austro-Hungarian heir, Archduke Franz Ferdinand of Austria, was assassinated.

One cannot simply consider causes when dealing with the reasons for which the First orld ar commenced. The conflict's causes alone are impossible to understand when given the numbers associated with it. "Some 61 million troops of 16 nations…

Causes of Juvenile Delinquency

Criminal Justice

The problem of juvenile delinquency is becoming more complicated and universal, and crime prevention programs are either unequipped to deal with the present realities or do not exist. Many developing countries have done little or nothing to deal with these problems, and international programs are obviously insufficient. Developed countries are engaged in activities aimed at juvenile crime prevention, but the overall effect of these programs is rather weak because the mechanisms in place are often inadequate to address the existing situation. On the whole, current efforts to fight juvenile delinquency are characterized by the lack of systematic action and the absence of task-oriented and effective social work with both offenders and victims, whether real or potential. Analysis is further complicated by a lack of international comparative data. (WY, 2003) The paper is a meditation and investigation of the causes of juvenile delinquency. While it…

That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's home, located at 678 Oak Street, Collingswood.

That based upon the above, I believe there exists probable cause to believe there are presently jewelry, and evidence of their possession, in the home of Mr. a, 678 Oak Street, Collingswood, which are evidence of the fruits and instrumentalities of violations of Texas Penal Code, Chapter 26, Section 29.03(2) and, Chapter 26, Section 31.03(5).

John Smith

Detective

Collingswood Police Department

SUSCRIED & SWORN to before me on this ____ day of

Superior Court Judge

TIME:

ibliography

Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.…

noble cause" and how it relates to law enforcement daily? What positives and negatives can you identify? How can organizations control the "noble cause"?

The 'noble cause' of law enforcement is to uphold public safety. The idea that the highest good of law enforcement is to protect the public can be useful and important in the manner in which it motivates police officers to realize that they have a higher duty. When there is violence or crime, officers must run into danger, versus away from it like ordinary people. However, with this idea there are many profound, problematic implications. The idea that the cause is so noble that nothing can get in its way can act as psychological self-justification for officers to violate the law. When this occurs, no one benefits because evidence can then be thrown out of court, if it was obtained in violation of the suspect's civil…

reasonable cause when it comes to stop and frisk. The writer argues that because of the increased threat of domestic terrorism the laws should be change so that reasonable cause is no longer required for stop and frisk actions. There were eight sources used to complete this paper.

Several years ago Britain took a significant step in its war on terrorism when it changed the laws regarding mandated criteria for stop and search. In an unprecedented move the British government changed the law so that police officers do not have to have reasonable cause to stop and frisk. The new powers given to police allow them to stop anyone, anywhere at anytime to frisk and search. Britain did this in an effort to fight the ever growing threat of domestic terrorism. If the person in question refuses to allow a search they can be arrested, jailed and fined for that…

Signs and Symptoms of Stroke

Patients with stroke symptoms are advised to seek out for emergency cure without any dilly-dallying. Definite signs of a stroke rely on the kind of stroke. However all kinds of stroke share several attributes. Warlow (1996, p.2) stated that cerebral embolism stroke generally comes on rather abruptly and is extreme right from the beginning. On the other hand schemic strokes signs consist of reduced vision in one eye or both eyes and stern headache. Other symptoms include feebleness, numbness or facial paralysis or arm and leg paralysis which are normally restricted on one side of the body.

Furthermore, other symptoms of schemic strokes include faintness, stability or coordination failure particularly when pooled with other signs. Hemorrhagic strokes are a bit different and the signs include loss of realization, distorted mental condition and seizure. Other signs include vomiting or stern nausea and extreme hypertension. Lastly, the…

Causes of Unemployment and of Crime

The primary causes of the national unemployment rate and of a number of statistics that are involved with the rate of crime in the United States can be attributed to federal initiatives -- or the lack of such nationally-based measures -- that play a significant influence on these two highly valued concerns of American citizens. This statement certainly holds true for the national unemployment rate, which has consistently been above 8% for the past 29 months (and which is the longest streak of this sort since the Great Depression in the 1930s) (Associated Press, 2011). Due to what has widely been attributed to a global recession, the United States economy has been attempting to rise from a state of perceivable low status (in which its currency, the dollar, has been continually devalued, particularly in comparison to other international currency, such as the Euro). The…

orks Cited

Carney, Robert M.; Kenneth E .Freedland. (2009). Treatment-resistant depression and mortality after acute coronary syndrome. The American Journal of Psychiatry, 166(4), 410-7.

Retrieved April 27, 2009, from ProQuest Medical Library database. (Document ID: 1671559601).

Major depressive episode. (2009). DSM IV. Retrieved April 27, 2009 at http://www.mental-health-today.com/dep/dsm.htm

Franklin, Donald. (2003). Major depression. Psychology Info. Retrieved April 27, 2009 at http://www.psychologyinfo.com/depression/major.htm

Khaled, Salma M.; Andrew Bulloch, Derek V. Exner, Scott B. Patten. (2009). Cigarette

smoking, stages of change, and major depression in the Canadian population. Canadian Journal of Psychiatry, 54(3), 204-8. Retrieved April 27, 2009, from ProQuest Medical

Library database. (Document ID: 1673587981).

Levinson, Douglas. (2005). The genetics of depression: a review. Biol Psychiatry.

Retrieved April 27, 2009 at http://depressiongenetics.med.upenn.edu/DLResearch/Levinson_GeneticsDepression.pdf

Marrie, A.; R. Horwitz, G. Cutter, T .Tyry, D. Campagnolo, & T. Vollmer. (2009). The burden of mental comorbidity in multiple sclerosis: frequent, underdiagnosed, and undertreated. Multiple Sclerosis, 15(3), 385-92.…

internet LOST CAUSE CONFEDERACY. Review descriptions (2) sources. Focus narratives related results CIVIL AR. "LOST CAUSE" a) From LOST CAUSE compare (2) narratives results CIVIL AR Americans developed Union states Confederate states.

There is much controversy with regard to the principal concept that caused the American Civil ar. Historians debate this issue frequently and some are inclined to believe that slavery was the main reason why the conflict occurred while others consider that it happened due to the growing Southern Nationalism in the seven states that seceded. "Soldiers fight for many reasons -- notably to stay alive and support their comrades in arms. The North's goal in the beginning was the preservation of the Union, not emancipation." (Slavery: Cause and Catalyst of the Civil ar) hen considering this theory, it would be safe to say that many soldiers that went to war at the time believed they were doing it…

Entrapment Defense:

Case Brief One:

Sherman v. United States

Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately asked the defendant where he could obtain drugs because of the difficulties they were experiencing in overcoming addictions. While the defendant tried to avoid the issue initially, the government informant behaved like he was suffering and continued to ask for drugs. When the defendant finally gave in to the informant's demands, he got drugs from his own supplier and handed them to the undercover agent ("Sherman v. United States," 2012). The defendant was previously convicted by a Federal district court for selling narcotics on the basis that his initial hesitance to agree to the informer's request did not indicate his reluctance to purchase the drugs.

Issue: The issue before the United States Supreme Court is…

Heat Exchanger upture Incident

Using the information in the CSB Case Study, identify probable direct causes, contributing causes, and root causes of the incident. Explain the reasoning you used to reach these causes. You may make assumptions concerning any missing investigative information as long as you clearly state your assumptions. Discuss how and where your proposed causal factors fit into the causation model on page 356 of the course textbook. For the root causes only, provide recommended corrective actions.

The United States Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency tasked with protecting workers and the public by investigating and preventing chemical accidents, and after each investigation is completed a comprehensive case study is released to detail probable causes and proposed responses. When an ammonia heat exchanger ruptured and released deadly gas inside Houston's Goodyear Tire and ubber Company plant on June 11, 2008, an incident…

If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.

The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.

ources

Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html

Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm

Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html

Walker, Jayme . (1998, Dec…

Arrests

An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have…

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’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw).

Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search and Seizure and the Fourth Amendment – FindLaw). How much protection a citizen enjoys in any given instance is dependent on apprehension nature, searched location characteristics, and circumstances of search. However, for stopping or keeping any citizen in custody, law enforcement officials need to have satisfactory suspicion (in other words, impartial, soundgrounds to believe the apprehended…

Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. efore an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.

The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.

Is this an invasion of the student's privacy?

Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place…

Policing oles

What is the role of police in society? What would happen if the role of the police were lessened as it applies to the theory and practice of community policing?

Generally, the most important roles that police play in civilized society are that of criminal deterrence (Schmalleger, 2009). More specifically, the public awareness of the presence and authority of law enforcement deters most members of the population from criminal conduct that they might otherwise consider if there were no negative consequences. In community policing, police serve a much wider role than criminal deterrence, prevention, and response (Schmalleger, 2009). Modern police also play important roles in ensuring public order and public safety, as well as in addressing contemporary counterterrorism (Schmalleger, 2009). They maximize opportunities to work with proactive members of the community to establish and maintain positive and mutually beneficial relationships (Ellison, 2006). If the role of police were…

Mission:

The sightseeing expedition did not report a particular flight plan. The charter was used for this flight in spite of recent reports of problems due to a shortage of available charters on the private island airport.

Medium:

The island runway ascended into foggy and hazy conditions that were reportedly worsening.

Management: The pilot was not in contact with an management oversight but management did play a part in the shortcoming of certain procedures, including the allowance of the plane to fly without proper run-up procedures and the its allowance to fly in spite of carrying too much weight.

Conclusion:

Contributing causes to the accident were pilot inexperience, which allowed the pilot to take to the air in spite of less than ideal meteorological, mechanical and experiential conditions, as well as poor procedural attention to an aircraft with clear mechanical problems. The probable cause of the accident was a mechanical…

Traffic Stop Case

Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle?

As we examine this case and more confrontational moments occur between the officer and the suspect, all events remain in question largely on the basis of this initial question. This is because ultimately, it was revealed by due process that the basic cause for the traffic stop was a suspected broken taillight which was ultimately in proper working order. This denotes that probable cause may not have existed to justify the encounter between the officer and the suspect. That said, 'probable cause' is a higher standard than that required for a routine traffic stop absent the intent for a search of the suspect or vehicle. Here, reasonable suspicion is sufficient, though given the working condition of the taillight, it is not certain that this necessary existed either. According to Tennessee v Brother (2010),…

This makes it easier for investigators to identify connections by clicking on a particular item in the three-dimensional link.

The difficulties of this process of proving such a chain indicates the importance of creating steps that can help companies simplify the task of conducting a computer forensic investigation, should one ever be required. The article stresses that the most important step is to ensure that network logging devices are turned on, even though these devices use disk space and processor time. If they are turned off, investigations can become impossible. Closing any unneeded ports on the company firewall and patching systems regularly, are also helpful.

This article paints an overall benign portrait of law enforcement, zealously protecting user privacy and safety. It demonstrates how an apparently invisible crime can be rendered visible through the use of technology, and both the law and law enforcement's attempts to stay one step ahead…

JOHN

*I uploaded material reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8t Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Case Study: Jon Doe individual left country effort make a life

Te case of Jon: Felony carges

In tis case of 'Jon Doe,' te suspect wo is accused of larceny was arrested because e began to make incriminating remarks wile being investigated. He was ten placed under arrest by te police. If te police ave probable cause to believe tat a suspect committed a crime, tey may place Jon under arrest witout a warrant, as tey did in tis specific instance. However, te police must read Jon's 'Miranda Rigts' before processing im (FAQ: Police interrogations, 2012, FindLaw). A suspect's Miranda Rigts include te rigt to remain silent and to ave an attorney, regardless of weter te suspect can afford an attorney or not. Also, "before…

hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.

Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.

In the first case, due to lack of sufficient evidence…

Immigration Education in California

Few issues create long-lasting controversy, the type of controversy that engages nearly every member of society regardless of their economic, ethnic, intellectual, political, religious, or social background. Examples of such issues are abortion, crime, the death penalty, racism, rape, etc. Another example of such an issue is immigration education in California. hile California has traditionally embodied the "melting pot" image that the United States so ardently embraces, the issue of immigration education in California has created (and continues to create) quite a stir.

This paper analyzes and examines the multitude of issues related to immigration education in California. Part II discusses the materials and methods utilized. In Part III, the problem of immigration education in California and the probable causes is outlined. Part IV examines the research methods employed. Lastly, this paper concludes with recommendations and potential solutions.

II. MATERIALS AND METHODS

This study was conceived…

In the last fifteen or so years the concerns about vaccinations, and particularly the combined measles, mumps and rubella vaccination (MMR) have come to the forefront of societies debates from a limited connection to autism that is most likely associated to the correlation between onset of symptoms of autism and autism spectrum disorders and standard immunization practices. The fear created a general public that was afraid to allow their children to get the life saving MMR and in turn many parents have denied their children vaccinations at all. Parents' fears of some connection between the vaccination and/or its ingredient makeup cause or trigger autism and an accompanying serious bowel disease is related to a single, very limited research study conducted in the UK (n 12). There has been a substantial increase in incidents of autism over the last 20 or so years and the extreme social, physical, emotional, financial and…

Diverse Policing

Criminal Profiling

While this opinion might be considered unpopular, the reality is that these repetitive stops are reasonable. These repetitive stops represent a phenomenon known as criminal profiling. Criminal profiling is done simply because it does catch criminals. For example, criminal profiling was precisely what helped police investigators catch a criminal known as George Metesky, a bomber who had eluded the police for over 15 years. The frustrated police force asked investigator James Brussel (the assistant commissioner of mental hygiene) to come up with a detail description of the subject based on crime scene photos, notes, and other details provided. Brussel came up with the following description of the subject: "He would be unmarried, foreign, self-educated, in his 50s, living in Connecticut, paranoid and with a vendetta against Con Edison -- the first bomb had targeted the power company's 67th street headquarters" (Winerman, 2004). As experts do admit,…

solar flares and how they go on to cause global warming. Global warming has been an ongoing phenomenon and there are many reasons it has occurred. Apart from the green house effect, global warming could have been due to the solar flares that have occurred. Different researches and theories regarding this matter are discussed in the paper.

Solar Flare

Global warming is a phenomenon that has amazed and frightened everyone ever since it came into being. The consequences and end results of global warming is what goes on to alarm and frighten everyone on earth. If looked at it literally, global warming is basically in increase in the temperature of the Earth's atmosphere. This change and elevation has been occurring ever since the 19th century and is known to increase even more. The change in the global temperature is dangerous because it goes onto increase the sea levels and alterations…

Hans Wendt, a staff photographer with the San Diego County's public relations office, who was covering an outdoor press event in North Park at the time of the accident, took two dramatic post collision still color photographs of the falling Boeing-727 trailing blue-and-white smoke streaking from its right wing while plunging towards the ground. They appeared in several publications around the world including the cover of Time magazine. Another television cameraman, covering the same event in North Park, also managed to capture footage of the falling Cessna wreckage.

Cause of the Crash

Probable Cause: According to the official majority findings of the National Transportation Safety Board (NTSB), the probable cause of the accident was:

the failure of the flightcrew of Flight 182 to comply with the provisions of a maintain-visual-separation clearance, including the requirement to inform the controller when they no longer had the other aircraft in sight. ("Aircraft Accident…

Either the pilot is poorly trained, overloaded with duties and unable to pay attention or the helicopter is poorly designed," said Rhett Flater, executive director of the American Helicopter Society International. "If you have two professionally trained pilots, both instrument-trained, on board the helicopter, the statistics have shown you dramatically increase the safety and decrease the chance of pilot error" (Peveto, 2009).

In addition, stringent safety and maintenance requirements must be met and these helicopters must meet and be maintained at the minimum federally recommended levels.

ibliography

NTS 2. (2008, June). Accident report. Retrieved May 20, 2009, from Ntsb.gov: http://www.ntsb.gov/ntsb/GenPDF.asp?id=DEN08FA101&rpt=fi

NTS 3. (2001, September). Accident report. Retrieved May 21, 2009, from Ntsb.com: http://www.ntsb.gov/ntsb/brief.asp?ev_id=20001212X21168&key=1

NTS 4. (2007, December). Accident report. Retrieved May 21, 2009, from Ntsb.gov: http://www.ntsb.gov/ntsb/GenPDF.asp?id=ANC08FA025&rpt=fa

NTS. (2009, May). Accident report. Retrieved May 21, 2009, from Ntsb.gov: http://www.ntsb.gov/ntsb/brief.asp?ev_id=20080715X01051&key=2

Peveto, K. (2009, January 10). International team plans to reduce helicopter 80%…

This dramatic event followed the revelation that Wakefield had accepted money from lawyers representing parents who had filed lawsuits claiming that the MM vaccines had caused autism in their children. Some of these children were even part of Wakefield's original study. (Schreibman, 2005)

This disclosure may have laid some doubts to rest but is still not enough to answer the question whether there is actually a link between MM and autism. Firstly, there is a doubt amongst parents and scientists whether MM may cause measles, encephalitis or a depression of the immune system in general. However, numerous studies have looked into this possibility and have concluded that the chance is extremely less at the rate of

ithin the realm of social contract theory, citizens within a given state consent, either tacitly or explicitly, to surrender various rights and freedoms to the authority of the state. In return, the state guarantees protection of citizen's rights and freedoms. The state also guarantees citizen's protection from external aggression and preservation of national security in return for citizens' sacrifice of certain rights. Citing national security protocol, safeguarding civilian life and forestall another terrorist strike in the wake of 9 / 11, Jean Bethke Elshtain wrote that the fight against terrorism waged by the Bush regime against the Middle Eastern perpetrators and their allies qualifies as just war. hile the claim that waging retaliatory war deterred recurrence is a reasonable one, the manner in which the U.S. went about it defied the Jus in bello principle of just war. The inhumane treatment of suspected terrorist in the Guantanamo Bay and the…

Also causal was the Captain's failure to detect the mistrimmed rudder before the takeoff was attempted." (National Transportation Safety Board).

Controversy soon filled the probe into the crash when a passenger told investigators that he had been out "bar-hopping" with the pilot, co-pilot and a stewardess just before the flight. The accusations were never proven, and federal investigators later pointed to a defect in the aircraft rudder as the cause of the crash. However, the rudder was subsequently redesigned.

The accident involving USAir Flight 5050 attracted the attention of the Queen's district attorney, who convened a grand jury to determine if criminal charges should be pursued. No formal charges were ever brought. However, the action of the district attorney hampered the normal course of the accident investigation, because the accident scene was declared a "crime scene." Access to the wreckage and witnesses was subjected to the control of the local…

Fallout

A section of commentators have taken issue with the manner in which the federal government denied suspected terrorist the due process of law as stipulated under the constitution. The government even commissioned the establishment of a torture chamber in Guantanamo Bay. This amounts to gross violation of human rights and civil liberties. There is another clause in the patriot act dubbed "enhanced surveillance procedures," which allows federal authorities to gather foreign intelligence by breaching firewalls of 'terrorist nations.' This controversial foreign policy clause damaged the relationship between America and the Middle East.

A section of scholars argues that key players in the oil industry manipulated the United States to wage war against Afghanistan. According to an article published on the BBC World Service in December 2007, the execution of Saddam Hussein was unwarranted. Political scientists reckon that a cartel of multinational oil companies wanted to control the oil in…

Delta Air Lines Flight 1288 was expected to travel between Pensacola, Florida, and Atlanta, Georgia on July 6, 1996. The McDonnell Douglas MD-88 was equipped with Pratt & hitney JT8D-219 engines and the left engine experienced a serious malfunction with the turbine. The failure led to debris from the front of the engine entering the fuselage, killing two persons and badly injuring another two, with all the individuals belonging to the same family. The tragedy has had a deep impact on how people perceived air travel, especially considering that most of the passengers on the plane were going on vacation.

hile there was some speculation with regard to the incident, most engineers agreed upon the circumstances in which it happened. "The National Transportation Safety Board determines that the probable cause of this accident was the fracture of the left engine's front compressor fan hub, which resulted from the failure of…

Live Concet Analysis

How Doing Good Makes Us Feel Poweful and Poweless at the Same Time

Design Activism vs. Design fo Social Change

The Awakening Consciousness of Designes 1960's

Manifesto

Thee has been lukewam inteest in public sevice design, social impact and design activism. But in most convesations, all othe designs wok to enhance the standad of living of the people; some of it must be activism. The agument is seldom boosted by the notion that achitectue has been impacted by intellectual movements and ats fo instance, modenism which fuels an idea of a evolutionay society. These movements had ideal poposals fo society's efoms. They wee elated deeply to commece and aesthetics as well (Jose et al., 2008). Conside the diffeence between modenism and activism fo that matte. The modenism idea states that people stand equals to each othe, while society became united in evey aspect fo instance uniting laboes,…

.. I think he's passed off to our right." Later, the first officer is heard asking, "Are we clear of that Cessna?" The flight engineer responds with, "Supposed to be"; and the captain says, "I guess." ("CV Transcript..." n.d.).

The Accident

The National Transportation Safety Board (NTSB) investigation report, referring to eyewitness accounts records that both aircrafts were proceeding in an easterly direction before the collision. The Boeing was descending and overtaking the Cessna, which was climbing. Just before impact, the Boeing banked to the right slightly, and the Cessna pitched nose-up, colliding with the right wing of Flight 182. ("Aircraft Accident eport," 1979, p.4) Also, just before the impact, the captain, probably anticipating the collision exclaimed "Whoop!" And the first officer moaned "Aghhh!" The Cockpit Voice ecorder (CV) recorded the sound of impact at 0901:47 ("CV Transcript..." n.d.). The Cessna broke up immediately on impact and exploded. Parts of…

Ethics, Legal, Politics Case Studies

WARRANTY AND ENVIRONMENTAL LIAILITIES

reach of Warranty. A warranty is a part of a contract of the sale of certain goods (Farlex Inc., 2014). It is either an express or implied assurance that the purchased good or item will perform at a certain level of efficiency. The warranty is express when the seller or manufacturer affirms facts about the item being purchased. An implied warranty is fixed and enforced by law, i.e., the product liability law. This law guarantees or protects product quality or suitability for use, and merchantability. The Uniform Commercial Code covers these and other warranties (Farlex, Inc.). A case of product liability can occur when the buyer suffers in any way from the use of the product as a consequence of reliance or trust in the product and its warranties (Rot Law, 2011). The injured person can make a breach of warranty…

Industrial Organizational Psychology: Motivation

Applied behavioral science

This is a branch of science that comprises of fields such as sociology, psychology and anthropology that deals primarily with the human actions and seeks to give a general view on human behavior within the society. This is a field which takes an interdisciplinary approach when it comes to the study of human behavior. It explores the activities and interactions among human beings. Applied behavioral science therefore is a process of systematically applying interventions that are based on the behavioral science principles in order to bring an improvement of socially significant behaviors to a meaningful degree and demonstrate that the interventions used are the ones that are responsible for bringing an improvement in behavior. This case study is explored from cognitive psychology which focuses on internal states like motivation, decision making, problem solving and so on.

In this case study Jasmine has to…

New York City has some of the toughest gun laws in the country. And it's essentially impossible for a normal, law-abiding citizen to acquire a concealed handgun permit. The result is that the majority of New Yorkers are defenseless against the criminals who wish to prey on them. As pointed out by the NY Times article, the SQF program does little to stop criminals, but does a great deal to strip away a New Yorker's fundamental right of self-defense. This is counterintuitive to public safety. hile crime prevention is an important aspect of police work, the reality is the majority of the time law enforcement arrives after a crime has been committed.

The answer then is to arm New York. Arm the public. Restore their fundamental right of self-defense. There's an old saying, "An armed society is a polite society," and this rings true all across the country (except for…

Drug Courts: A Program to Reinvent Justice for Addicts

For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community (Drug Strategies, 1996). eyond the troubling ability of these problems to fill prisons to capacity, the traditional judicial system seemed to have no deterrent effect on these crimes (Drug and Crime Facts, 1994). A disturbing "revolving door" pattern had emerged, with drug offenders moving through the system in a predictable pattern of arrest, prosecution, conviction, incarceration, and release. In a few weeks, sometimes only a few days, the same person was back in the system again, arrested for drug possession or a drug-related crime (National Association of Drug Court Professionals [NADCP], 1997). A particularly difficult problem faced by the system was the growing use of crack cocaine in the 1980s…

Discretionary Situations for a Police Chief

Discretion in the Police Department

Discretionary Situations in Criminal Arrests: "Stop" and "Frisk," acial Profiling

The expectation is that public administrators apply a balancing act in the decision making process. Focus for this study is on law enforcement administrators, especially police chiefs, on their responses to their officers' discretion to criminal arrests. The argument put forth is that police discretion is limited by managerial and information technology monitoring methods, which direct police officers to adhere to set up procedures (Chan, 2003; owe, 2007). Given that police officers usually have the opportunity to make a decision on whether to apply laws. This concept paper finds that there is a close relationship between management decisions and use of discretion. It is on this basis the research will focus on the police chief's management decisions and the use of discretion in two major scenarios.

A police department…

Appeals

If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.

Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.

The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.

If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.

If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.

However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.

If the…

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…

Against the Patriot Act of 2001

What is the Patriot Act of 2001? The Act was passed in order to unite and strengthen the United States of America by providing all the appropriate and the necessary tools with which to fight terrorism. The President George W. Bush signed the Act on October 26th in 2001, after the devastating terrorist attacks that occurred on the nerve center of the United States of America, the World Trade Center, on September 11, 2001. (USA Patriot Act) These terrorist acts were a cleverly coordinated series of attacks on the Pentagon, which is the Headquarters of the Department of Defense of the United States of America and holds more than 23,000 civilian as well as military employees, and also more than 3,000 non-defense personnel, and on the World Trade Center, which is the center of global commerce that is responsible for providing network access to…

Capital punishment: Is it a deterrent to Cop Killings?

Capital punishment is the imposition of death penalty on persons condemned of a crime. (Americana, 596) Killing condemned criminals has been one of the most extensively practiced types of criminal punishment in the United States. Capital punishment has been enforced as a punishment for brutal offenses from the initial stages of documented history. The first evidence of death penalty in the United States dates back to the colonial period in 1608 in Jamestown. Possibly there do is no existence of any public policy matter connected to management of crime which has been explored and evaluated so long as the death penalty; in much diverse means than the death penalty; or in higher degree than the death penalty.

Expressed in an easy manner, the predicament is this: no crime control concern known by us more about than the death penalty and also…

The American Civil Liberties Union (ACLU) defines racial profiling this way:

"Racial Profiling' refers to the discriminatory practice by law enforcement officials of targeting individuals for suspicion of crime based on the individual's race, ethnicity, religion or national origin. Criminal profiling, generally, as practiced by police, is the reliance on a group of characteristics they believe to be associated with crime. Examples of racial profiling are the use of race to determine which drivers to stop for minor traffic violations (commonly referred to as "driving while black or brown"), or the use of race to determine which pedestrians to search for illegal contraband (ACLU, 2009, online)."

In a recent Ninth U.S. Circuit Court of Appeals decision, the Court ruled that, ". . . In most circumstances, law enforcement officials cannot rely on ethic appearance as a factor for deciding whether to stop someone suspected of a crime," and went on…

Patriot Act and Constitutional Freedom

Thomas Jefferson said: 'The price of freedom is constant vigilance.' Unfortunately in a large nation dedicated to the individual freedom and liberty of all its citizens, the only time when the nation learns that is has not been vigilant enough is when a person, or group of persons take advantage of that freedom, and abuse the liberty of others in order to further their own destructive purposes. The tragedy of 9-11 is the most recent case in point of how a nation can take its freedom and liberty for granted, which ultimately makes a doorway for others to tear down that which has taken over 200 years to build, protect, and defend.

When our country endured similar acts of threat or war, such as the bombing of Pearl Harbor, or the expansion of communism into the Western Hemisphere in Cuba, the government has oven reacted…

Victim Advocate
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision…

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…

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). This is important because it shows that even though this case took place in the late 1960's, the new technologies that are making their way to the open market will ultimately be used to track and gather information on criminals and criminal activity, and that these new technologies will also have to fall under the umbrella of the protection guaranteed by the Fourth Amendment.

orks Cited

Amar, Akhil Reed. (1994). "Fourth Amendment First Principles"

Harvard Law Review, Vol. 107, No. 4 (Feb., 1994), pp. 757-819.

Goldsmith, Michael. (1973). "The Supreme Court and Title III: Rewriting the Law of Electronic Surveillance." The Journal of Criminal Law and Criminology (1973-), Vol.…

Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all

50 states.

One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices.

The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…

Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?

(1) earch Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the rights of citizens unless or until the other constitutional protections against unlawful arrest have been satisfied. In practical terms, lawfully arrested persons cannot be permitted to enter into the custody of the state without first ensuring that they are not in possession of weapons or other contraband.

(2) earch by Consent permits police to conduct searches of persons or property if they first obtain consent from subjects of those searches. Technically, consent obtained must be given freely and voluntarily and…

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? Consider the role of ethics in society and discuss how those ethics are funneled to policing and law enforcement. What impact do varying ethical norms of the increasingly diverse American society have on policing? As the police force itself becomes more diverse, would we see different police responses to similar situations?

Although the Fourth Amendment protects against unreasonable searches and seizures, the police have considerable latitude in determining what constitutes probable cause. In general, "courts ordinarily suppress evidence obtained during an unreasonable search or seizure and offered against the accused" and a warrant must be obtained (Fourth Amendment, 2013, Cornell University Law School). However, exceptions to the Fourth Amendment include…

DNC Scenario

The author of this report is to answer to three major questions as it relates to the DNC scenario advanced by the story that preceded it. The first question is the legal claims relating to the use of the LAD. The second question is the basis that should be used to deny Amnesty International from getting their permit and the implications that this could cause. The final question requires the identification and analysis of any legal claims that might arise if Greenpeace has a protest in the shopping mall and how pat-downs and other security measures may lead to legal or protest-related issues. While the Miami and other personnel have a responsibility to keep the peace and keep people safe, they need to tread very carefully when limiting free speech and/or freedom of assembly as well as over-aggressive use of less-lethal technologies and interventions that can still maim…

Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.

In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…

The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).

Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.

The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of…

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 Terry search would not have permitted to officer to further investigate or search any soft lumps or other contents of pockets not indicative of possession of a plausible weapon (Dershowitz, 2002). Furthermore, absent evidence that Terry and Kim were jointly engaged in criminal conduct, even a valid search of Terry pursuant to a valid arrest that yielded a small amount of marijuana in his pocket would not have justified a separate search of Kim (Schmalleger, 2008).

In this case, the search of both subjects was improper because it was conducted incident to an invalid arrest. Therefore, either Kim or Terry may challenge the introduction of any contraband retrieved from their personal possession.…

In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.

he language of the provision which became the Fourth…