Australian Legal System Case Study

I believe that in their druge induced state they thought he was the lookout because Mr. Evans testified that Mr. harmon gave no signal or sign. “bobo” said, “ He was suppost to tell us if there was anybody in the drugstore. He didn’t say anything so we figured it was all right.” pg 182 bobo said, “ He was suppost to tell us if there was anybody in the drugstore.

The unanswered question created by these two seeming contradictory outcomes is at what point does the ability to compel a person to answer potentially incriminating questions end? That is, can a person who is likely to be charged with a criminal offence avoid being questions by another body over the same subject matter, or is that right reserved only for a person who has been charged and is awaiting trial? The answer, and ultimate reconciliation of the competing findings came this year in R v IBAC where the appellants were ‘persons of interest’ in a criminal investigation at the same time as the IBAC compelled them to give evidence about the same conduct that would be the subject of any criminal charges laid. The majority of the Court decided that in order to defeat the power of compulsion afforded to a body such as the IBAC, the criminal justice system must be in action and that would require a charge to have been laid and a trial waiting to

Another officer arrived on the scene and they search the student’s room and found additional drugs. The student (roommate of the original student) was charged with possession of a controlled substance. Issues The issue to be determined in this case is “Did the officer 's seizure of the drugs violate Chrisman 's "reasonable expectation of privacy" guaranteed by the Fourth Amendment?” Holdings

Vargas is currently on probation for robbery. Vargas reportedly was not present during the probation search. Abrego contacted Suspect #2 Edward Aguilar and Isla Aguilar inside of the residence (mother of both suspects, 626-354-4521). Isla advised Abrego that she believed Vargas was in possession of stolen credit cards. Isla retrieved the credit cards from Vargas’ bedroom and gave them to Abrego.

Madison had helped develop Virginia’s Constitution 11 years earlier, and it was his plan that served as the basis for debate in the development of the U.S Constitution. Madison argued for a strong central government that would unify the country. The Convention

This article is intended to be a brief overview of the key changes and new concepts which came into force on 1 January 2011, with the enactment of the Competition and Consumer Act 2010 (Cth), replacing the Trade Practices Act 1974 (Cth) ( 'the TPA '). History of the Australian Consumer Law The Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (Cth) was the first of two Acts to implement the new Australian Consumer Law.

In a note to himself he said “Anyone can walk into a drugstore and look around. Is that what I 'm on trial for?” After Steve said that, on trial he said that he didn 't go into the drugstore at all that day. I believe that he lied on trial to make him seem more innocent, even if he didn 't commit the crime. They would

So for Australia to form its own parliament to become an independent nation, a Constitution must be formed, and after a series of general votes by the public called referendums, the national constitution was created. The Australian Federal Parliament is bicameral, meaning that it is run by two houses: The Senate and the House of Representatives. In the Australian Constitution, it states that laws can only be passed or changed when there is the approval of both houses of Federal Parliament, and the Royal Assent of the Governor General. There are also State and Territory Parliaments, which follow the same process as the Federal Government, only being allowed to make laws for each respective

Drugs are the dangerous substances that will destroy the consumer both physically and mentally; therefore, it is necessary to determine these substances restrictively. In order to do that, I am strongly assuring that the drugs should be legalized. There are three main reasons why the drugs should be legalized: diminution of crime rates, health guarantee, and extending of drugs regulation. Drugs are one of the crime sources, although not by the drugs, itself, but the condition. Illegal drugs are rare products that could not be found in the normal market, the cost for its rarity is totally expensive.

Indicating from the authors, people cannot adapt successfully to such places, but a high number of individuals will have difficulties and most likely will display symptoms of maladaptation in these settings. If drug use is considered a maladaptive behavior impacting incarceration, it is entirely possible the prison environment indirectly encourages

Looking at the totality of the circumstance, which is the test used when the court focuses on all of the circumstances surrounding a situation rather than any one factor, I do believe that the evidence obtained during the traffic stop and arrest in question would remain valid. I believe because the arresting officer acted on good faith and did not violate subject ’s Fourth Amendment right. The officer performed, what he or she probably believed to be a routine traffic stop at the time, then discovered that the subject had an arrest warrant.

MILLERSBURG — A Wooster man on Wednesday was given a chance to avoid prison when he was sentenced to complete a treatment program for admittedly being in possession of methamphetamine. Shaun Hall, 38, 540 High St., previously pleaded guilty in Holmes County Common Pleas Court to aggravated possession of meth. In exchange for his guilty plea, a related charge of aggravated trafficking in meth was dismissed. Hall had faced up to a year in prison for the charge, and Judge Robert Rinfret imposed a term of 11 months, but immediately suspended the period of incarceration in favor of five years of community control, which includes the condition he complete a treatment program at the Stark Regional Community Corrections Center.

The United States utilizes dual court system in their courts. This means that there is a separate jurisdiction for each state, but each of those jurisdictions fall under the federal court jurisdiction (Bohm & Haley, 2011). The state court process begins in a trial court of limited jurisdiction. It would then move to a trial court of general jurisdiction and if appealed, into an Intermediate court of appeals. In the federal courts, a case would begin in the district court, then move into the circuit court of appeals if necessary.

Drugs in the United States are controlled by the 1970 Comprehensive Drug Abuse Prevention and Control Act. This was past by Congress in the 1970’s. It regulates the manufacture, the destruction as well as the possession and use of drugs. It also places all drugs into one of the five schedules that are I, II, III, IV and V. The overall intention of the Comprehensive Drug Act is to help the government fight and prevent drugs being used for other then its intended medical use.

America's prisons are overpopulated and the population is growing each year with increased drug activities. Low level drug offenders, comprised of 39 percent of the overall prison population. In the article " Department of Justice low-level drug offenders: a defense perspective" defines low-level drug offender as one who has been convicted drug trafficking offense but has no prior commitment, history of violence, known involvement of sophisticated criminal activity, significant "public risk factor," and pending detainer (Katz 28) . This group isn't hardened criminals and don't live a life of crime; rather they are motivated by profit. They are less likely to return to prison when compared to hardened criminals.