The trial judge denied the defendant's motion for judgment notwithstanding the verdict. The question in this case is that did the defendant in this circumstances, and evidence had a duty to provide the security against any criminal act as the one that happened? So we
They processed it and later found out there was traces of his wife’s nightgown, skin, and blood all from the deceased victim. The evidence was then admitted at trial. Murphy then proceeded to appeal his conviction stating that they conducted an unlawful search and seizure which goes against his 4th and 14th amendment rights. Issue: Whether the taking of the substance underneath the defendants fingernail without his permission was unlawful. Decision of the Court: His charge was held and he was charged for the murder of his wife.
Since Mapp and other significant decisions, innocent people have been subjected to fewer unconstitutional searches, not necessarily because the police fear the exclusion of evidence but because of the potential for civil liability, citizen complaints, and the like. The rules of law decided in Mapp v. Ohio relate to the relevant facts in the fact pattern based on the Fourth Amendment violation. Det. Quickdraw is a representative for the government, but he failed to uphold the law by not following the correct criminal procedure for search and seizure. In conclusion, if I were the judge ruling in this case, I could apply the exclusionary rule and any evidence that was obtained during the unlawful search would not be admissible.
The magistrates had accepted that common assault had been committed, however the defendant was not charged with assault occasioning actual bodily harm. As cutting of hair did not itself constitute to ABH. The prosecution appealed. Sir Igor Judge and Creswell J said along the lines of.. Actual bodily harm did not appeal to just the skin, flesh and bones but too all parts of the body whether it was alive or dead. Hair is an important
According to Justice Rehnquist, “double jeopardy should not apply to contempt charges because it is a separate and distinguishable offense, and the elements of contempt are entirely different from the elements of the substantive crimes from which the contempt charges arose.” Justice Blackmun also dissents, noting that Contempt is one of few mechanisms available to a trial court in order to enforce its orders and it should be considered as separate and distinct because it is serving the court’s interest as opposed to that of the government. But not all the justices agreed with the ruling. Concurrence. Justice White concurs, noting that the Double Jeopardy Clause bars prosecution for an offense if the defendant already has been held in contempt for its commission. Justice White goes on to note; however, that all of Foster’s counts on indictment should have also been dismissed.
It is not considered jury tampering because the prosecution and defense attorneys have the right to know the credibility of the person that would be deciding the fate of the defendant. Why or why not? The only way that I would see it being jury tampering is if after the jurors are chosen, someone starts threatening or trying to coerce the witness to not testify at the trial. Lawyers can also exercise a challenge for cause claiming the juror could not be
They lied about getting a warrant and in turn let a killer walk away from the situation with no punishment. Like I said previously if they would have used the ethics of virtue system they would have went about things in an honest manner and even though it might not have saved the life of Detective Griffiths it would have put his killer in jail. Ethics training for our officers is very important to maintain order (Papenfuhs,2011). However, when really spending some time and thinking about this situation I wish our legal system could in some way take into account the pressure we put on cops and when we know for an absolute fact a serious crime as been committed that the criminal could still be punished regardless of the mistakes of cops. I don’t think the people should be able to get off that easy simply because of a legal mishap and in fact disgusts me that his has happens numerous times every year.
Likening such statements to fraud, defamation, or lies to government agencies, all of which can be prohibited consistent with the First Amendment, the dissenters argued that the government should have a free hand to prosecute those who lie about having earned military honors. The dissenters recognized that false statements may be protected when laws restricting them might chill otherwise protected speech, but argued that the Stolen Valor Act does not implicate that concern because the subject matter of the lies does not relate to any protected
If you are acquitted, it cannot come back for a second bite. (Fitzpatrick) The jury only has one shot at successfully prosecuting the accused person, so the prosecutors must be sure about their case before it even begins. If the police are almost positive that a person committed a crime, but do not have all the evidence to find them guilty, they could waste valuable time trying to gather more evidence. While they try and figure this out, the person could leave the country, or even commit additional crimes. In many cases, people have been free from conviction because the evidence was not strong enough to convict them.
Chapter 12 Peremptory Challenge- A challenge that a party has to eliminate a potential juror, each side has a limited number of peremptory challenges, and it is not required to provide a reason for this challenge, and it may not be used to exclude one gender or race from the jury. Boston vs. Kentucky (1986)- held that prosecutors are barred from using peremptory challenges to remove black jurors because of their race. Challenges for cause- A challenge to a potential juror based on the jurors qualifications or lack of impartiality, (must have a reason) California vs., Green-held that Defendant is entitled to be confronted by the witness against him or her stated by the us Supreme Court. Benefits of being confronted by witness 1. Insures