The public will view the throat hold as the excessive use of force; however, the search to acquire the evidence to substantiate the charge, could not have been obtained in a less intrusive manner. The case R. v. Hamill,  1 S.C.R. 301, saw the throat hold being used by RCMP officer to secure the accused while a search was conducted on the apartment. This provides evidence that throat hold performed by the officer is a common method used against individuals suspected of involvement in drug trafficking (R. v. Hamill,  1 S.C.R. 301). The RCMP officer used the throat grab in this case as an instinct as a result of training (R. v. Hamill,  1 S.C.R. 301). The constable also mentioned that he had used the hold on numerous occasions without performing a search (R. v. Hamill,  1 S.C.R. 301).
The police arrested Rubin Carter and John Artis because they fit the description given by Alfred Bello after the Lafayette Bar shooting. Their first right that was violated was “Detention or imprisonment” section 9 “Everyone has the right not to be arbitrarily detained or imprisoned.” John Artis and Rubin Carter were arrested for being “2 black men in a white car” as said by the policeman who detained them. The second right that was violated was “Arrest or detention” section 10 (a) “Everyone has the right on arrest or detention; (a) to be informed promptly of the reasons therefor;” Carter and Artis were not informed promptly of the reason of their detention, in fact, when they were detained both men were taken to the hospital for the surviving
Additionally, Professor Ervin Staub, of Amy Novotney’s article, “Preventing Police Misconduct”, believes that commonplace conformity and active bystander ship leads to more misconduct among police officers. Solomon E. Asch would agree with this claim based off of his research in social psychology. His research proves that pressure from a majority group can lead a person to conform. As well as people regulating their behavior in terms of the norms and values of the group. When police officers are faced with the issue of seeing the majority of those around them behaving in an improper manner, they too will feel the need to act accordingly.
1 and 2 and Cop A, a police officer may search vehicles or persons and detain any vehicle or persons for the purpose of the search. The search can only be carried out to look for certain items, most importantly stolen items and prohibited items. A police officer may only stop and search an individual if they have reasonable grounds for suspecting that they will find stolen or prohibited
probable cause is to be clearly established by law enforcement in order to conduct a legal search of your property or your person. Consent from the individual to allow the search can substitute the probable cause, if none exists for law enforcement to act upon. This is applicable to individual searches, vehicle searches and searches of your home or any other property. For example, if law enforcement stops you exiting a convenience store and suspects you of shoplifting, they must first establish the probable cause or reasonable suspicion to detain you lawfully.
#PoliceThePolice is a call for accountability from the federal government against the misconduct of law enforcement officers. The Cato Institute defines police misconduct as “any action, on duty or off, by a person entrusted with police powers which would violate that trust to an extent that would cause those who entrusted the officer with said powers to reasonably question whether continuing that trust would expose the public safety to an unacceptable level of risk.” Misconduct can range from theft to sexual assault to brutality to raids to false arrest, but what enables officers to engage in these actions is that they believe that they are above the law and that they can get away with it. In a way, it’s true. Law enforcement officers are given specific powers by our government in order for them to do their jobs.
Discretion is an official action taken by a police officer or any other agent of criminal justice in whereby they use their individual judgement to decide the course of action suitable for an occurring incident. In criminal justice, an officer considers the totality of circumstances before reaching on a decision to either take legal action or not against an individual. And to what extend the and kind of action will be take (Griffiths, 2013: 122), for instance; warning or arresting the individual. Furthermore, discretion is the privilege or permission granted to officers to use their own judgement to make practical decisions. However there are also attached constraints to this.
Outline the main characteristics of a Civil Law legal system The Civil Law has its origin in the ancient Rome and it was the main attribute to the Roman civilization. “Civil Law is a codified system. Countries with civil law system have comprehensive, continuously updated legal codes that specify all the matters capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense” (Robbins n.d.) Every country has its own sets of laws, rules, principles and regulation based on different matters.
Officers have killed men, children, women innocent victims everyone is not a suspect. If there is harsher punishment enforced upon officers they will make officers more rational before making a decision and not so quickly and pulling out a gun. Average citizens usually considered the law before commits a crime know the risk fact may lead to jail. Police should consider the same fact that they could go to jail too, police are not above the law. Police are there to enforce laws when it comes to murder police officers need to be held to the same standards and not feel that they are above the law.
The media should therefore try to get the right information from the police to help them to reveal the exact information to the nation. This way the community will feel obliged to inform the media of any information that might be of help to the community (Miller et al., 2014). 2 The police and the media can easily address crime in the community by cooperating with the members.
The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.
An officer has the right to stop an individual in public if he has a reasonable doubt of suspicion to temporary stop and frisks the individual. The statistic has shown that many officers have targeted the minorities in the stop and frisk. According to An Analysis of the NYPD 's stop and frisk policy in the context of the claim of racial bias by Andrew Gelman, Jeffrey Fagan, Alex Kiss " the number of arrests of each group in the previous year black were stopped 23% and Hispanics 39% more often than whites"(19). Minorities are stopped twice as often for violent crimes and a
The year is 1963, and Clarence Earl Gideon is falsely accused of a crime. Under Florida law, being charged with breaking and entering with the intent to commit a misdemeanor is a felony, and Mr. Gideon was the unfortunate victim here (Facts par 2). Like many Americans of his time, Clarence had only an eighth education (Facts par 1). He roamed in and out of prisons, which explains why he was poor (Facts par 1). Lacking the funds to pay an attorney, Clarence requested the judge to appoint him one (Facts par 2).
Choices and consequences are a subject that looks shallow from a certain angle, but if you view it from above, you’ll see the depth and the skewed perception and vision of the object. Responsibilities and consequences derived from choice and agency can vary wildly, and as a result, the relationship between the two sides can be directly connected, or extremely muddled. The justification for this statement lies in many places, daily life, the two passages, “The Lady, or the Tiger” and “Gladiators,” and even in subconscious choices. ”The Lady, or the Tiger,” a fictitious passage, has a realistic representation of choice and consequence, although it appears simple, inane, and obvious, it has an underlying meaning of choice and displays myriad quantities of control over it. This literary text shows the illusion of choice in its “poetic justice” of random chance.