Include any important potential economic, social, or political pressures, and exclude inconsequential facts. That the most important fact was left out of the report. When making an arrest and writing a report it is important to have the key facts in the report right away when dealing with a case. With a DUI arrest it would be very important to indicate that the husband was driving. Now there is question by the prosecutor if the officers saw the husband driving the vehicle or if the officers honestly forgot to put that information in the report.
Due Process Abstract This paper will discuss the concept of Due Process and how it affects the criminal justice system. In addition, the reader will also gain knowledge of how the adversarial system works. Also the rights of the accused and the process after a crime has been committed through post-arrest procedures will also be discussed in detail. Due process is envisioned to provide citizens of the United States with protection from government infringement on legal rights to life, liberty, and property without due process of law. The government cannot deny a defendant convicted of a capital crime of his or her life before the appeals process has been depleted.
By consenting, you waive your right to be protected by the Fourth Amendment. Had you declined his request to search, the officer would have to arrest you on the traffic offense before being able to search the car, an unlikely scenario. Knowing your rights is the most important part of this
Also the defense will ask for a change of venue to help with juries with believing someone is innocent. This defense attorney is determining to keep people innocent until they are proven guilty. He does not want someone who is innocent to have their name slander. He is an attorney for DUI cases which is kind of pretty hard to prove their innocent. This criminal law website is determined to keep people who are under investigation or have already been arrested, to keep their record clean and out of jail.
For felony assaults, the victim may be unwilling to cooperate because he/she wants to settle the dispute personally, believes he/she deserved the assault and does not want the perpetrator punished, or fears reprisal. Witnesses and other parties who have valuable information about criminal homicides may also fear revenge from the suspect, fear of implicating him/herself in the crime or for other reasons simply do "not want to get involved." Furthermore, once a suspect has been identified, given the gravity of the offense and the punishment that he/she faces, obtaining a confession or at least enough information to arrest and later prosecute can be a formidable task (McGraw-Hill, 2002). Finally, criminal homicides, in particular, can generate a lot of media attention and public scrutiny for the department. Pressure to solve the crime from both inside and outside the police agency creates added strain on the criminal investigator (McGraw-Hill, 2002).
These questions along with the case law that stop question and frisk guidelines are derived from will be examined. In order to do a full analysis of stop question and frisk we must first fully understand exactly what it is and what is allowed during this procedure. As stated before stop question and frisk is done in order to prevent or a crime or to apprehend someone who has committed a crime. As stated in the New York penal law in order to stop an individual a police officer needs reasonable suspicion to believe that the individual in question has committed a crime. During the stop if the officer has reasonable suspicion to believe that the person is armed, that officer can frisk only the area where he believes the person is armed.
Plus as I stated before, you may adversely place yourself in-between the correction officers and the inmates. This could cause an extremely hostile work environment for you and could possibly result in you losing your job through malice intentions. However, as I stated before the “right” or ethical thing to do is to report the assault as a crime. Letting the criminal justice field handle the situation letting the chips fall where they may. You then allow
This trial created a national uproar, opening the first of many debates regarding Stand Your Ground Laws, state which that person may use lethal force with no duty to retreat when faced with a “reasonable perceived threat” (US News). Although stand your ground laws provide additional means under the law for people to protect themselves and their families, they should be banned since in reality
* First, in your own words define, then compare and contrast the following concepts: * General deterrence * Specific deterrence * Incapacitation * Retribution With General Deterrence the belief is that people should be punished severely to prevent others from committing the same crime. General Deterrence uses the person sentenced for a crime as an example to induce the public to refrain from criminal conduct, while Specific Deterrence punishes an offender to dissuade that offender from committing crimes in the future. Some crimes, such as crimes of passion and crimes committed while under the influence of drugs or alcohol cannot be deterred because the perpetrators don’t rationally weigh the benefits versus the costs before breaking the law. General Deterrence results from the perception of the public that sentences are harsh as opposed to Specific Deterrence which results from the actual experiences with detection, prosecution, and punishment of offenders. (Worrall & Siegal, 2012) Incapacitation theory focuses on the victim or potential victim.
They have argued that pretrial drug testing goes against the Fourth Amendment; which protects against unreasonable searches and seizures. Also that taking a pretrial drug test is an unreasonable search. After a suspect is arrested, the decision to set bail is made by the judge. In cases of repeat offenders, there is still the possibility that they will flee. And there is still the thought that the suspect may commit a crime while free.