Case Study: “Letting the Big Ones Get Away – A Focus On Ethics” crashn Criminal Justice (CCJS100 Section 7980) – April 22, 2012 The case, as presented in the syllabus and the text book (Fuller, 2010), is very slim on the actual facts of the case. The first step the prosecutor should take is to investigate other factors concerning the discovery of the cocaine. Some questions the prosecutor should ask are: where exactly in the house were the drugs found? Where they in or on the drug dealer? Where the drugs located in the common area of the house?
Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures.
While this law does not have any jurisdiction in a civil or grand jury case, it does prevent police officers from taking action that would violate Americans’ fourth Amendment right and deter any misconduct on behalf of the police officer. The exclusionary rule was designed to prevent police officers from using evidence that would otherwise convict those who actively participate in criminal activity. There are pros and cons in every situation when it involves police behavior and criminal activity. There are five issues that come to mind in determining whether or not the exclusionary rule should be abolished: Police misconduct, who is being punished, who is guilty, ways to protect those whom are wrongfully searched, and judicial integrity (Landmark Cases, 2005). Police officers are expected to enforce the laws of their community without bias and to act within a higher standard than the average citizen.
They however did find obscene materials in a trunk in the base of the house. These article were used to convicted Mapp but were not the article the officers were looking for. When the trail start there was no warrant produced or the explained or accounted for by the officers. Miss Mapp was convicted of having lewd and lascivious books, pictures, and photographs in violation of 2905.34 of the Ohio’s Revised Code. The evidence even thou it had be seized during an unlawful entry was still used to convict Miss Mapp.
Consent to Search Sondra Silverberg Criminal Evidence Prof. Alana DeGarmo Date The Fourth Amendment protects people from police searches unless they consent to the search. In many cases, suspects consent to a search because they are not aware of the fact that they can refuse to consent. However, it is easier for a police officer if the person consents to the search. Without the consent, the officer has to prove that the search was necessary. The court will also contemplate other justifying circumstances.
So, we went to the sewer and found the purse. When we found it, we opened it up to see if there was an I.D. in it. Since there was an id in it, we took it to the nearest police station and turned it in. The police officers found the owner but it turned out that the owners were actually criminals that the police department had been searching for.
It is saying, “Yes I am guilty, but here is why I did it.” It argues that the defendant’s wrongdoing should be excused because he/she lacked the capacity to be held responsible for the crime. Due Process. This requires that the government does not act unfairly or arbitrarily. The government cannot rely on individual judgment and impulse when making a decision, but must stay within the boundaries of reason and the law. There are two types of due process.
It is said that with the existence of so many exceptions may cause misunderstanding of the Miranda right and exploitation by the police. These specific rulings provide for the presence of an attorney for the suspect on the belief that this will prevent possible coercion. The Miranda case is applicable to every criminal
The police officer must submit an affidavit that will establish more that a suspicion, and it doesn’t have to be admissible at the trial. The affidavit must demonstrate a reliability of the information
There polices officers that arrested men with weed just to keep it and sell it back to another drug dealer so that they make money off of it. It’s just a lot of crazy under hand work that is going on. Why can’t we just find police that actually do the job and stop beating the system? There are