The Court stated reasonable suspicion to facts that can be articulated that are consistent with a violation of the law. In this fact pattern, Officer Smith noticed the taillight that appeared to be broken and covered by colored tape, this is a violation of proper vehicle equipment. Therefore, Officer Smith did have reasonable suspicion to make the initial stop of the vehicle (Supreme Court of Illinois, 2012). 2. Was the “pat-down” of the driver legal?
Simpson case is vital to the study of criminal justice and prosecution being that the restrictions that were obvious in the testimonies of the witnesses and evidence. As a consequence incorrect verdicts were made regarding the case for the reasons that there was evidence that could not be used like the blood samples and the detectives that gave testimonies that were ambiguous. Furthermore, before any case is taken to trial the state and the defense need to be absolutely certain that they have sufficient evidence in order to maintain their case, especially since a case can be dismissed based on the prima facie evidence provided. Studying this case has certainly changed my perspective because it was obvious that more was needed to be accomplished previous to closing remarks were
Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
University of Phoenix Material: Robin Mravik Ethical Dilemma Worksheet Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. | The law enforcement officials did suspect that the individual was driving under the influence and thus becoming a risk to himself and everyone else around him. Before the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find probable cause before arresting the individual when the trial comes along, the case will be dismissed in court and the offender will walk away free.
Whether the appeal concerns the judgment or a judge’s behavior an appeals court reviews what happened in the proceedings of the trial and looks for any errors that may have occurred. If the appeals court finds any errors that contributed to the court’s decision, the court will reverse the decision. In this case the judge was completely rude and threw insults at Schmidt. Federal and state constitutions require a fair, impartial trials and this judge was not impartial to Schmidt at all. Because of his conduct he did not provide her a fair trial in her custody petition.
Some were later asked to describe the speed of the cars before they smashed into each other, others were asked the same question, but using the term hit instead of smash. In their responses, those questioned using the term smash were more likely to state that they saw broken glass, though that was false (Born, Colleen 1997). Most often, eyewitnesses are unwilling to reconsider their initial understanding once they state facts in a particular way or identify a particular individual as the perpetrator of a crime. This is basically due to memory reconstruction. In a study conducted by Barbara Tversky and Elizabeth Marsh on the vulnerability of human memory to bias, showed that participants recalled a story
The person showing the photos to the witness should not know the identity of the suspect. In this setup, it is impossible for the administrator to unintentionally sway a witness in choosing a perpetrator. Police officers and those handling witness id’s must also be careful not to accidentally use subtle signs such as pauses, hesitations, gestures, or smiles, that may subconsciously alter a witness’s ability to pick the face they recall and not who they see now. Quite possibly the worst eyewitness identification procedure of all belongs to that of the Show-Up. In addition to how a suspect is presented and making sure no cues are being given even the way a suspect is shown in a line-up must be carefully controlled as to not contaminant memory.
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
The fact is that there were several cars involved which means a large number of witnesses. The reality is that more than one person saw the accident the way that it actually happened and will be able to say that Jackson is the one that caused it, not the woman. Even if this were not the case Jackson has a moral obligation to step forward and say that he caused the accident. Moral reasoning involves “reasoning from moral rules, principles, or standards and resolving conflicts among them, thereby placing limits on what one may do with a clear conscience (Barnet & Bedau 399). In other words does the decision you are making go against your own morals, principles, or standards.
The Consequences of the Criminal Mind Davina Fitzgerald Thomas Research Paper General Psychology Miller-Motte Technical College THE CONSEQUENCES OF THE CRIMINAL MIND 2 What are consequences? Consequences are a result of a recent occurring incident. Results of a consequence can either be good or bad, but in most cases they are not a positive result. The consequences reflect the severity of the actions, that take place and comes with different levels of penalty. For example, reckless driving could result in a car accident.