...Arraignment * The first step in the criminal proceeding * Defendant appears before the judge to be advised of the charges and enter a plea * Bail * The amount of money or conditions set by the court to ensure that the defendant will appear for further criminal proceedings * Look at many factors: * Uncertainty, risk, overcrowding, ties to the community * Release on Recognizance (ROR) * Cash * Bail Bond * Personal property * Plea Bargaining * Defense and Prosecution form an agreement for some form of leniency (Ex. plead guilty for lesser charge, fewer charges, reduced sentence, etc.) * More than 90% of all cases * Advantages: * Avoid an expensive trial * Case is handled quickly * Less work for attorneys * Witnesses/jury not forced to appear for trial * Disadvantages? * Defendant is entitled to jury by peers and to face his/her accuser * May plead guilty out of fear (when innocent) * Overcharging by prosecutors as incentive * Not potentially getting full range of punishment/sentence for the crime * Pretrial Detention in Jail * Offenders are detained if considered a flight risk in order to assure appearance in court * Detained if considered dangerous * Preventive Detention * Detaining the accused in jail to protect the community from crimes...
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...to pay wholesaler fees and are little competition for instate wine producers. Several out of state wine produces and also consumers brought suit against both the states of Michigan and New York in their federal districts challenging that the laws prohibit direct shipment. DECISIONS BELOW: The 6th Circuit Court of Appeals held that the out of state restrictions violated the Commerce clause. Michigan appealed. The 2nd circuit Court of Appeals upheld New York statute as constitutional. Michigan and the wine producers appealed. LEGAL ISSUE(s): Does the direct sale of wine to consumers by out of state producers violate the commerce clause, in light of the 21st amendment? HOLDING: No. Affirmed, as to the judgment of the 6th Circuit Court of Appeals; reversed and remanded as to the judgment of the 2nd Circuit Court of Appeals. REASONING: The regulations and statutes of both Michigan and New York are discriminatory to out of state wine producers. In both cases it offers in state wine producers an competitive advantage affecting interstate commerce which brings the Commerce clause into play. PERSONAL OPINION: I agree with the Supreme Court’s ruling in this regard. The 6th Circuit Court was correct in its affirmation, there was grounds for the reversed and remanded decision by the 2nd Circuit Court of appeals. The complaint brought by out of state wine producers and consumers was proper under the guide that in both states regulations and statutes violated the commerce...
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... and that extreme difficulty which might perpetuate its discovered faults.” Some critics of the amending process contend that amendments, once proposed, should be submitted to popular vote, bypassing state legislatures. Do you agree or disagree? Why? P1. According to professor Douglas Linder, the delegates assembled in Philadelphia were under no illusions that the constitutional scheme they were struggling to establish was perfect for present circumstances, much less perfect for the future generations of Americans. Jefferson’s letter to James Madison in 1789 included these words: “Every constitution...naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.” If we were to take Jefferson’s words literally, we would have to disagree, since it goes hand and hand with the process of the human mind. P2. The framers believed that a flexible constitution would provide the protection needed by a young and somewhat fragile government against revolutionary upheavals. As one delegate said, "The novelty and difficulty of the experiment requires periodical revision.” In order to form a more perfect union under the Preamble, it was necessary to provide a means to keep the Constitution a “living” document. P3. Under Article V, by a two-thirds vote in each house, Congress may propose an amendment to the states & specify whether the mandated three-quarters of the states are to ratify it in their legislatures or by a special...
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...Right to Counsel Yolette T. Pepe Kaplan University Introduction to Law LS102-03 Prof Young February 15, 2011 Right to Counsel The root of all American laws are found in English law. In England, people who were charged with felonies had no right to hire a private attorney, though it was allowed sometimes in special circumstances. After the Glorious Revolution in 1688, Parliament passed a law allowing people accused of treason the right to be represented by an attorney at trial, but this right did not extend to any other classes of crime. (Find Law, 2010) All the way up until 1836, with the passage of the Prisoners' Counsel Act, this right was denied to people charged with nearly all serious crimes in England. The development of the common-law principle in England had denied to anyone charged with a felony the right to retain counsel, while the right was afforded in misdemeanor cases, a rule ameliorated in practice, however, by the judicial practice of allowing counsel to argue points of law and then generously interpreting the limits of ''legal questions.'' The colonial and early state practice in this country was varied, ranging from the existent English practice to appointment of counsel in a few States where needed counsel could not be retained. Historically, the right to counsel has meant the right to retained counsel; that is, if the defendant could afford a lawyer, he had the right to use one. (Lawyers.com, 2000) The poor defendant was denied this right. In early America...
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...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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...citizens. This report provides and analysis of the advantages and disadvantages of having this information made public. Additionally, this report includes options individuals have to protect their private information. Last, this report discusses the existence and effectiveness of electronic privacy laws enacted to protect private information. Google is probably the most used search engine on the internet. It is usually the first step used to research private information. Google collects all available private information and conveniently places it at a researcher’s fingertips. Such information as address, telephone numbers, pictures and work history is available on Google. Facebook is another popular website people use to obtain private information. Researchers can gain information such as posted pictures, family/friend information, and place of employment. Researchers can also find out recreational information such as local establishments a person frequents or when he or she is on vacation. Many states use have county property tax websites. A researcher can simply type in a person’s name and find out information regarding private property such as real estate and vehicle information. Many county tax websites post information such as a person’s address, purchase price of the home, annual property tax, and property valuation. There are some advantages to having public information readily accessible. One advantage is ability of long lost friends and family members...
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...Defense of Marriage Act is Unconstitutional Same-sex marriage should be legal, a federal law and not left to individual states to decide. DOMA, Defense of Marriage Act, should be revoked because it violates the 14th Amendment. When individual states are allowed to act on their own, then it is based on emotional appeal. When it was illegal to enter into an interracial marriage, the whole country was in an uproar about how wrong it was. Each state had their own laws; it was very confusing and complicated. We should never allow this to happen again. Section one of the 14th Amendment of the Constitution states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Meese 35). Our country was established with the idea of freedom from religious persecution. Researching all the reasons why same-sex marriage is illegal, I have found that the argument “one man + one woman = marriage” is based upon biblical reasons. The bible has been interpreted many different ways and many religions can’t even agree on what is biblical law. Slaves are common in the bible but we do not obviously...
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...of any organisation especially in health and social care organisation. Following are the external factors that are affecting the decision making of health and social care organisation. (Blog NHS Website, 2005). 1. Legislation: There are many set of rules and regulations defined by the government and health and social care sector is bound to obey these rules and regulations Such as “The Mental Capacity Act 2005”, The Access to Medical Reports Act 1988, Blood Safety and Quality Legislation, The Census (Confidentiality) Act 1991, The Children Act 2004, The Civil Contingencies Act 2004, The Civil Evidence Act 1995, Commission Directive 2003/63/EC (brought into UK law by inclusion in the Medicines for Human Use (Fees and Miscellaneous Amendments) Regulations 2003), The Computer Misuse Act 1990, The Congenital Disabilities (Civil Liability) Act 1976, The Consumer Protection Act (CPA) 1987, The Control of Substances Hazardous to Health (COSHH), Regulations 2002, The Copyright, Designs and Patents Act 1990, The Crime and Disorder Act 1998, The Criminal Appeal Act 1995, The Data Protection Act (DPA) 1998, The Data Protection (Processing of Sensitive Personal Data) Order 2000, The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005, The Electronic Commerce (EC Directive) Regulations 2002, The Electronic Communications Act 2000, The Environmental Information Regulations (EIR) 2004, The Freedom of Information (FOI) Act 2000, The Gender Recognition Act 2004...
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...Criminal Procedure Policy CJA/364 June 12th, 2011 Page 1 Due Process and Crime Control models reflect different sides of the law, and different sides of beliefs. Due Process is designed more for the defendants to ensure their constitutional rights which are afforded by the Constitution of the United States of America. Crime Control model is more asserted towards the victims of the crimes versus the offender. This model is designed to make sure the offenders are punished, and the victims are afforded vindication. As we travel through this paper it will show the vast differences between the two sides of the justice system. The due process model was incorporated into the U.S. Constitution because the founding fathers did not think a person should be deprived of Life, Liberty, without due process of the law. This has come into the forefront of justice through all avenues such as through police investigations, evidence gathering, and even in the courtrooms across America. People often wonder what due process mean s. According to Duhaime the legal definition of due process is “Fundamental procedural safeguards of which every citizen has an absolute right when a state or court purports to take a decision that would affect any right of that citizen.”(Duhaime, 2009) This process is made up of several rights, but one of the basic ones is the right to be heard, and the right to an impartial judge. The due process model is based...
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...Criminal Justice System The definition of crime can be a conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse. A type of crime can differ in each state and will not always be persecuted the same way. Marijuana is an example, because in most states it is a crime to smoke marijuana, it is legal in some other states. The criminal justice system has three components, police, courts, and corrections. Each three of them have to work together to ensure the system is performed correctly and fairly. The police enforce the law, investigate crimes and apprehend the offenders. In the counts the jury and judge determinate if the defended is either guilty or innocent. If defended is found guilty, he or she may be incarcerated in correction facilities. These corrections not only help to protect the community from criminals but also rehabilitate criminals. * The criminal justice goals are deterrence, incapacitation, retribution, rehabilitation and restoration. Deterrence seeks to prevent criminal events by creating fear in criminals’ minds through punishments. Incapacitation is to take the offender’s ability to commit a crime; incarceration is one way of incapacitation. When a criminal is punished or pays victim compensation is called retribution. We normally believe that justice prevails only when an offender is punished. Rehabilitation is an important goal in the criminal...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Diversity & Equality of services professional discussion Task one – Human Rights – United Nations Declaration of Human Rights On 10thDecember 1948, the United Nations Declaration of Human Rights were introduced, this Declaration include 30 rights and articles. These were introduced after world war two after lives and homes lost by millions, leaders of the world came together an a new organisation was set up it was named the United Nations, this was set up to stop wars and build a better world. The first job was to draw up Human Rights, these belong to everyone. They were developed to stop Atrocities against Jews, Prisoners of war and the population of Hiroshima and Nagasaki. (Atrocitiesis an extremely wicked or cruel act, usually causing physical or mental harm) The (UNDHR) will affect foreign nationals because if they come from a country which is part of the UN then they will have the same rights as anyone else in the UN. However if they are from a country outside of the UN then they will have the rights from their own country, religion and cultural backgrounds. The United Nations Declaration of Human Rights will only affect people who break the law such as entering the country illegally. This will affect them on a stop and search basis involving a strip search, this may affect their religious beliefs or their Human Rights which will be breached such as the freedom of choice or the freedom to live and work anywhere within the country. For example, Romanian and...
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...Al Capone is known as the famous bootlegger. What people don´t know is his backstory or his actual name, which is Alphonso Capone born on January 17, 1899.[1]No matter what bad things a person does they are still people with feelings, that also applies to Al Capone. Al Capone is the Son of two Italian immigrants, Gabriele and Teresina Capone.[2] He also had 8 siblings Vincenzo, Raffalo, Salvatore, Amadeo Ermino, Umberto, Matthew Nicholas, Rosalia, and Mafalda. [3] His dad was a barber and his mother was a seamstress. In elementary school Al Capone was a good student, he went to Brooklyn Elementary School, then in 6th grade he fell behind and had to repeat that grade. He started to play hooky and hang out at the Brooklyn docks, he once got hit...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...Tanya v. the state of Confusion Tanya Trucker v. the state of Confusion is the case about a statute requiring all trucks and towing trailers that utilize the highways of the state of Confusion to have a B-type truck hitch. The lawsuit takes place because Tanya Trucker, a trucking company owner and a citizen of the state of Denial as well, finds it unfair for her to pay for the additional expenses for installing the particular type truck hitch that is only manufactured in the state of Confusion. The case is taking into consideration of what court will have the jurisdiction over Tanya’s suit and the reasons. Whether the Confusion statute is constitutional or not is also a big question to challenge the legal reasoning. Especially to determine the validity of the statue, the application of what provisions of the U.S. Constitution should be utilized properly, and the possibility for Tanya to prevail on her suit is encountering with all the legal reasoning as well. The court will have jurisdiction over Tanya’s suit and the reasons This is the case involving the diversity of citizenship between the state of Confusion and the citizen of the state of Denial; therefore, the court that should have jurisdiction over the lawsuit is the federal District Court in the sate of Confusion where the statute enacted. If there is diversity of citizenship, federal court may be chosen to have jurisdiction (Cheeseman, 2010). Apparently, the federal government has never regulated...
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