No one exceeds the law so much that they are exempt from punishment for committing a crime. The law and justice systems are here to keep us safe and someone could use their “mental illness” to escape incarceration and put others in danger. It would be unwise to let a gang leader go free from a life sentence in prison, because he was ruled insane, and he could still endanger someone. The Insanity Defense is rarely used in the United States and it would be wise to get rid of it altogether so, it can’t be misused by criminals looking for a way to escape imprisonment. The Insanity Defense should not be able to excuse someone for fair punishment for their
However, the public will deem the search excessive use of force on the accused performed by the RCMP officer. This search would increase public outrage regarding excessive use of police powers as they believe the search could have performed in a less intrusive mean. Furthermore, the “throat hold” should not be performed on anyone especially females as it can result in health complications (Atherley & Hickman, 2014). However, it is necessary to note that the “throat hold” is a common practice used by the RCMP drug squad to prevent drug traffickers from destroying evidence. This practice is not illegal as it is used to prevent the swallowing of drugs that may be in the accused mouth that will aid in substantiating the charge.
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.
Many people claim it is a dangerous and risky if prisoners retain the right to vote in political matters. After all, they have somehow violated the laws of the state by committing a crime that led to their imprisonment. But democratic, constitutional states like Germany have not denied prisoners their right to vote. The following essay will argue in favour of that decision. The idea of legal punishment by imprisonment is not revenge but retributivism because the government needs to make sure that these people are eventually able to reclaim a normal life.
If the defendant is innocent, defense attorneys need not to be worry to pay for testimony from jail inmates. Snitch testimony will be more reliable if it is being recorded without edits and not only jury decides if the testimony is valid. Eliminate or limit rewards for testimony, corroborate testimony
Unreasonable search and seizure is an asset in this country. It is an asset in this country because the police have to have rules also. If America did away with the fourth Amendment there would not be any crime because the police will be able to arrest anyone without probable cause. The police would have such much power that people will be afraid to even drive through a stop sign.
What are the Miranda Rights and what should they mean to you? Why is exercising the Miranda Rights beneficial to you? Why are law enforcement officers required by law to advise an individual that is being investigated for a criminal offense of their Miranda Rights? Why should Miranda Rights be important to you? The Miranda Right should be important to you, because when being arrested, questioned, or investigated a person must know the constitutional rights that are given unto them so they know what they are able and unable to do.
The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Based on the opinion of the court, there were four safe guards that officers were mandated to tell a suspect before interrogating them, you have the right to remain silent, anything you say can be used against you in a court of law, you have the right to an attorney present, and if you cannot afford an attorney than one will be appointed to you prior to any questioning. These four safe guards became known as the Miranda Rights and have changed the method of policing. Any and all suspects have the right to an attorney due to these rights. As a result, it is much harder for officers to interrogate a conviction out of suspects with their lawyer present, who’s only concerned about proving his client innocent. At the same time police officers now can’t abuse their power during interrogations and force a conviction out of a suspect in custody.
A police officer must be cautious in the order in which they hesitate or question the suspect and read the suspects rights. No matter if the prosecutor is guilty or not we should be told our constitutional rights. ‘’You have the right to remain silent. ... You have the right to an attorney. If you cannot afford an attorney, one will be appointed for
The judicial system of any country is meant to bring justice and to maintain law and order in their area of jurisdiction. However, most are the times that officers of the law use the wrong methods to obtain information and data to enable them to put away law breakers and the bad guys in the society. Coercion focuses on persuading someone especially suspects to do something especially give information and data through the use of force or threats. However, despite the fact that this form of interrogation helps officers to obtain the relevant information and data to out away criminals, it has negative effects on the suspect and the interrogator. The American Psychological Association, the American Psychiatric Association, and the American medical
The problem is real, but so is the ability to change it, and obviously the methods already in place are not alleviating the issue as it is. It is easy to just say pour resources into the police force and perpetuate the war on drugs, but this only causes more tragedy through the incarceration of citizens and the other detrimental effects that drugs have on the community. Those that create laws are those that have the power to enact such a bill, and it is in the best interest of everyone that resides in Tempe. It doesn’t have to be a tragedy, as it should not be, so make it a progressive change for the sake of those living in the
They need to follow them so that everyone can be responsible for their action.Police officers need to follow these rules to avoid being unfair on the job and abusing their power.Police officers have guidelines they have to go by.Police officers have to be able to justify their arrest usually by showing some tangible evidence that lead them to probable cause officers should not abuse their power. With every arrest, they need to make sure that they have actual evidence and are not using their every arrest the police do they have to justify Police power to arrest someone that they do not like.It’s in their guidelines they follow the ethical and moral rules put in place, they just have to follow them to avoid making these police mistakes. If police officers followed this code of conduct, they would not abuse their power and police brutality would not be such a big
But there is also the problem that if the NSA become completely transparent, the terrorist and other people the NSA is trying to catch, will have more knowledge as how to not get caught, which would just make the NSA ineffective. Basically the people have to decide whether they want a government that catches terrorists or one that always protects their freedoms. Most parts of the world would rather have a government that catches terrorists and keeps them safe, but unlike these countries, America (excuse my American exceptionalism) has an amendment for their constitution that bans unreasonable search and seizures. The NSA is in a difficult position because it must weigh how transparent they can be to appease the population with how much secrecy they need to function