The defense counsels can argue against the safeguard of accused before they are proved guilty with support of constitutional safeguards. The law enforcement officers cannot harass the accused or defame the accused because they are protected by the amendments in the constitution. The 4th Amendment states that unless there is warrant the house or accused cannot be searched. The law enforcement officers need to take permission before arrest or searching the accused.
T.L.O is relying on court president which is similar to the case of Mapp vs Ohio, that if you don’t have a warrant and you go in and find evidence that that is excluded from trial so they shouldn’t be able to use the contents of T.L.O’s purse. This case is a restraint case because it’s not going to change the rules of the school, it’s going to allow for the search. The court argues that it is correct that students do have an expectation of privacy. No student should expect to have a full scale body search. They also say that there needs to be a balancing test with schools ability to have law and order to run classes to make sure legal activities and drugs aren’t in the school to get in the way of educational objectives.
The principle explains that police should use only the amount of physical force necessary to restore order and protect public if using warning or persuasion is not working on an individual. This is important because it is not ok for anyone to use physical force in not completely necessary. If using physical force is not required, then it should always be avoided. Although, if an officer must use physical force than it should be the least amount necessary to protect the individual and surrounding public. For modern police officers this an important principle, this is not always followed and not following this principle causes many unnecessary tragedies and conflicts.
On the case of R. v. Noway, the court renders Noway not-guilty of the charges put forth on him which is the violation of the known and enacted criminal law 253 - operation of a motor vehicle while impaired. Criminal law seeks to provide justice to society. To be charged with a criminal offense, the prosecution must prove beyond a reasonable doubt that a crime has been committed. This ‘burden of proof’ precedent was established in R. v. Oaks case which enacted that, all elements of the criminal code must be met including the mental intention; in order for the courts to exercise their authority and punish an accused person. Moreover, the rule of law [(1) that the laws are known and enacted, (2) government action is authorized by law and (3) everyone is bound by the law] also renders laws to avoid arbitrariness so that it is clear when a person is in violation of the criminal code.
Child Soldiers should not be prosecuted, but should be rehabilitated. These are all the reasons why these children should not be prosecuted. Why I think these children needs to go to rehab is because that they are too young and they are not even mature enough. People who prosecute Child Soldiers Might be insane furthermore, children are not even an adult they might be influenced by drugs and think it is good. unless you are an adult, then you may need to be prosecuted, other than that children are too young to go to rehab and needs to understand life.
38 ). Section 25, part one in the CCC addresses how law enforcement officer are mandated and entitled to enforce the law, doing so they have to act justifiably and responsibly (Martins, 2016, p. 38). Section 25, part three in the CCC outlines how officers are to deadly or lethal force; this type of force is only mandated in situations where the law enforcement officer believes lethal force is necessary in order to safeguard one self or an other individual (Martins, 2016, p. 38-39). In conclusion, enforcement officials are mandated to use force in certain situations to regain control. What society fails to see is that officers can also be brought before the courts if they did not act on reasonable grounds and use “excessive force” (Martins, 2016, p. 43).
It also extended such authority to persons in loco parentis (i.e. who stand "in the place of parents") such as guardians and school teachers. But in many jurisdictions today it is quiet rare. Self-Defence If a person uses legitimate force to repel an attack either against himself or others or against his property, that is a defence to assault and battery. The action of self-defence must only be such as is appropriate to repel the attack; it must not be excessive.
The constitution also has a set of amendments that are well known called the bill of rights, in view that they mostly deal with rights of the “people” and all citizens of the United States. We as citizens should be aware of our rights in the Constitution. As the ‘’people’’ of America should realize that any of our rights in the Constitution is subjected to frequently understanding by our courts, especially by the United States Supreme Court. The Miranda Rights should and meant to be told to those held in custody, detained.
Possible outcomes of given situations During the mediation meeting, if one of the parties expressed in confidence that they have contravened some alleged criminal act and would like the mediator to keep it confidential, possible scenarios and outcomes are discussed in the following section: Scenario 1 If the situation prevailed that, the mediator feels that the statement provided by the party is mentioned rather accurately to be true. The mediator can then terminate the mediation process, since all parties have the right to terminate the meeting at any time during the mediation meeting. After considering the impact of the situation, the mediator can consider reporting the case to the police.
School searches have been debated for as long as they have been conducted. Debates are based on keeping the bad things out of the school and invading students privacy. School searches should not be conducted because of invasion of private property, parents, and mental stableness. Invasion of private property is wrong and it should not happen. When the drug dogs come in and start walking through the school they can smell just about anything.
School officers do not require a warrant or probable cause to search students because the school officers are considered the guardian. Notwithstanding police officers need probable cause to search students. Schools may test any student in an extra curricular after school activity for drug usage. However, the school may not single out a student for testing. Found in the court case of The Board of Education V Earls 2002.
The Miranda Rights are part of a preventative criminal procedure rule that states law enforcement are required to administer Miranda Rights to an individual who is in custody and is subject to direct questioning for a criminal violation of law. When a person is detained or taken into custodial arrest and interrogated for a criminal offense, if he or she wishes to remain silent the individual must expressly state that he or she chooses to remain silent. In addition, if the individual asserts that he or she wishes to speak to an attorney or have an attorney present, police must then cease interrogations and wait until
The film Dear Zachary, directed by Kurt Kuenne, makes an argument in response to a very specific situation: the murder of Kuenne’s best friend Andrew Bagby and Bagby’s son Zachary, both killed by Andrew’s ex-girlfriend Shirley Turner. Kuenne argues that bail should be denied to anybody accused of a serious crime who also has custody of a child. While this argument is reasonable, it only provides a solution for very narrow circumstances. For the greater protection of society as a whole, an expanded version of Kuenne’s stance on bail laws is necessary. Bail should be denied not only to people accused of a serious crime who have custody of a child, but also to anybody suspect of a violent crime.
The founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case.
On July 4, 1776 the Declaration of Independence was signed and The United States of America declared itself a separate and independent nation. On June 21, 1788 the United States Constitution was made official, replacing the Articles of Confederation. Since its ratification, the Constitution has been amended several times in order to better apply to current times and situations the Founding Fathers could not have predicted. Despite all the changes the Constitution has gone through, its core principles remain.