The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128). Due Process also protects people from his or her rights violated under state laws. Crime Control Models and Due Process Model In the late 60s, Stanford University Professor Herbert Packer introduced the theory of the Criminal Control Model, which states that there should be efficient arrests and conviction of those who break the law (Criminal Justice Today). The concerns of this model seem to view the importance of arrests and convictions, rather than the individual who commits the crime. The CRIMINAL PROCEDURE POLICY
The Ct of App reversed and remanded Judgment of Ct of App affirmed and case remanded. Law or Rule(s): The right of the people to be secure in their persons … against unreasonable searches and seizures, shall not be violated…. Tenn St. If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all
The Supreme Court granted certiorari. FACTS: • The federally insured bank in Eustace, Texas, was robbed on September 21, 1964. A man with a small strip of tape on each side of his face entered the bank, pointed a pistol at the female cashier and the vice president, the only persons in the bank at the time, and forced them to fill a pillowcase with the bank’s money. The man then drove away with an accomplice who had been waiting in a stolen car outside the bank. On March 23, 1965, an indictment was returned against respondent, Wade, and two others for conspiring to rob the bank, and against Wade and the accomplice for the robbery itself.
Barbara Brown Criminal Procedure Everest University Online July 27, 2013 Write a case brief of U.S. v. Katz, including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief. Katz v. U. S., 389 U. S. 347 (1967) Facts: Charles Katz was arrested after FBI agents overheard him making illegal gambling bets while in a public phone booth. The agents paced electronic listening and recording devices to the outside of the booth and only heard and recorded Katz’s end of the conversation. Procedural History: Katz had moved to have the evidence suppressed under the Fourth Amendment, which was denied by the trial court.
One of the police officers was treated at the hospital for the three bites. Mr. Blackwood was subsequently charged with: • Assaulting a police officer • Possession of an illegal firearm • Resisting arrest Bail Hearing The Crown requested that bail be denied or, at the very least, set with strict conditions. The accused’s past conduct, violent behavior with law enforcement officials, as well as his unpredictability, will cause him to be a risk that the court will need to secure itself against. As a result, the court granted bail with the following conditions: • $10,000 surety with a required deposit of 20% • Report weekly to a probation officer • Relinquish passport • Remain within the territorial jurisdiction specified in the order • Refrain from possessing any type of weapon as specified in the order • Required to reside with the surety and maintain an 8pm
Self-defense means a person has the right to defend oneself or another from imminent physical ha 7. What are the elements of a crime? * No crime without law * There can be no crime without law. If an act is to be prohibited, a legally authoritative body (such as Congress or a state legislature) must spell out in advance what behavior is banned. The U.S. Constitution forbids ex post facto laws, which declare certain acts to be illegal after the behavior occurs.
This led the officers to search in Sam’s car. Sam was arrested on September 20, 2006 in his motor vehicle by members of the Toronto Police Service. In the course of the arrest, police officers seized drugs and two thousand dollars in Canadian currency that was located under the driver’s car mat. Sam was scheduled at youth court and was charged with possession for the purpose of trafficking, fraud, and production of marijuana in the Municipality at North York. He appealed the decision of the court and luckily to get a good defendant counsel the, case was dropped.
In Cunningham, the U.S. Supreme Court overruled Black, ruling that Blakely applies to California's determinate sentencing scheme. After a jury trial, Cunningham was convicted of continuous sexual abuse of a child in Contra Costa County Superior Court, California. Under California's Determinate Sentencing Law (DSL), the authorized sentences for this crime are either 6, 12, or 16 years. Under the DSL, the judge must conclude first, that there are aggravating facts, and second, that the aggravating facts outweigh any mitigating factors, before imposing the high term. In this case, at a post-trial hearing, the judge found by a preponderance of the evidence that Cunningham's victim was particularly vulnerable and that his conduct was violent, making him a danger to the community.
Individuals who are law-abiding citizens should be able to rest and know that the streets are free from persons who have committed crimes such as armed robbery and other felony crimes. An offender who has committed felony crimes previously should be disciplined much harshly than the times before. According to the criminologist, the punishment which an individual commits should be harsher than the crime which has been committed. The current recommendations for the prison term policy for an individual who has committed armed robbery should be as follow: Each is a repeat offender of an armed robbery will do a maximum sentence of 10-20 years. Along, with the 10-20 years, 10 -15 years of probation will be added.
Rodney King, a black construction worker in Los Angeles, California, was on probation for previous charges of robbery when he was involved in a high-speed chase with the Los Angeles police department. King was eventually apprehended by the police officers and then beating by at least 3 of the 5 officers to near- death, while the other two officers did nothing to stop or prevent the racially motivated police brutality. The beating was recorded by a near-by onlooker on his balcony and viewed nationwide by millions of American’s. Public outraged ensued and the notorious LA Riots soon followed the horrific beating of Rodney King. Eventually, during the trial of Rodney King against the officers who beat him, the federal Judge, John Davies, harshly criticized King for provoking the officers to commit such brutality and further said that the police men were right in the actions that they took.