...Michigan probation statute. Upon medical studies, California State was in 1996 prompted to enact legislations that provided chemical castration as a punishment against certain sex offenders. It was the first state to enact the harsh legislation. Six months after California’s enactment of the law, Florida State followed suit by enacting its version of chemical castration (Spalding, 1998). The Florida State’s 1997 Chemical Castration Statute The Florida statute allows a trial judge to sentence a sexual battery convict to receive MPA. In the case where a defendant is a sexual battery convict and has been previously convicted of sexual battery, the court trying the convict is required to impose an MPA administration as a sentence. However, one is only subjected to the MPA administration on grounds of an approval by a medical expert appointed by the court that the defendant is appropriately a candidate for weekly injections of the drug. The duration of treatment must be specified in the sentence and one should not be subjected to the injections if the medical expert’s report does not approve of it (Spalding, 1998). The services necessary in the administration of the MPA were offered by the Florida Dapartment of Corrections (DOC). Once the administration begins, it is considered a violation of probation and also a separate commission of a second degree felony, in the case where a defendant fails to continue with the injections (Spalding, 1998). Defendants, however, have an option to choose...
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...Issue: Whether the fourth amendment search and seizure constitutional right was in violation in Encinitas, Ca. when Mike Pilazzio and his passenger, Mrs. Walden was pulled over after Mr. Pilazzio crossed a sold double yellow line, not giving him permission to search his belongings in result finding a purse full of crack cocaine without probable cause. Rule: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.(1) Exclusionary rule: There are thirteen exclusions to the Fourth Amendment rule, which follows: Probable cause, Consent searches, Probation searches, Search incident to arrest, Stop & Frisk, Exigent circumstances, Plain view, Vehicle searches- the search and seizure of stolen or forfeited goods, or goods subject to a duty, and the personal effects searched or seized for evidence. If a vehicle is impounded or if there is probable cause, law enforcement does not need a warrant. Border searches, Open fields, abandoned property, Consent searches, Administrative (2) Does not support the case: Carroll v. United States Robbins v. California Does support the case: Knowles v. Iowa Wyoming v. Houghton History: On the morning of November 12, 2013, Mr. Mike Pilazzio...
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...The Second Set of Amendments Submitted by Atorria Walley Submitted to Dr. Cliff Fortenberry In Partial Fulfillment of the Requirements for COM 442: Communication Law January 5, 2015 The Fourth Amendment The Fourth Amendment is another important amendment that ranks close to the first amendment because it allows for the citizen of the United States the right to feel secure. This right, according to the Administrative Office of the US Courts (2015) (is) the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This basically means that it is a direct violation of citizen’s Fourth Amendment to be arrested or searched without probable cause. The key term in this entire phrase is with probable cause. If there is no reason for it then it is otherwise deemed unreasonable. The first clause mentioned in this amendment is the unlawful search and seizure of a home without a warranty to do so is deemed unreasonable. Without a warrant, the homeowner is allowed to deny access to his or her home without being subjected to being arrested for non-compliance. An example of such is an officer knocking at your door demanding to enter your home because they want to talk or look around your home...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...constitutional amendment as it could take away your freedom of speech, as the flag is only a symbolic representation of America and making a big change in the constitutional amendments may not be accepted by many Americans. We are protected by constitution, and the First Amendment States “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”(The Bill of Rights, the U.S. Constitution). To me that states that as long as you express your feelings toward the flag or any other symbolic protest is done in a peaceful manner, under the constitution you have the right to do so. As we are currently seeing right now around the county with the multiple protest that our nation are demonstrating daily against the decision of the Ferguson police officer, many have been peaceful and in order, on the other hand many have been completely out of line and for that arrest have been made for breaking the law of the constitution . If the constitution is change to take away the right to demonstrate either by burning a symbolic representation of America or simply speaking out about how they feel about this country, then many more people would have been jailed during this unfortunate event our country is currently experiencing as they are only expressing their first amendment right. The same...
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...Bill of Rights The Bill of Rights is a crucial component because it outlines the fundamental rights and freedoms of the people in the U.S. Constitution as Amendments 1-10, making sure every citizen is entitled to these rights and not just the majority. In criminal cases, it requires indictment by grand jury for any capital or "infamous crime," guarantees a speedy public trial with an impartial and local jury, and prohibits double jeopardy. There are certain Amendments that pertain specifically to the criminal justice system, which includes the fourth, fifth, sixth, eighth of the ten amendments and then the fourteenth. These amendments are meant to make sure that all individuals are treated fairly if they are arrested or suspected of crimes. Of the first 10, I choose the Fourth Amendment which states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. This basically means that no one can enter your home without a search warrant. Although there are exceptions, any evidence discovered in violation of this amendment could be excluded. The case law for this that I am using is Weeks v. United States, 232 U.S. 383 (1914). Police officers in Kansas City, Missouri went to the house of Mr. Fremont...
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...DOUBLE JEOPARDY A review of the Law Lovetta Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual...
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...Abstract An examination of the Bill of Rights and how it extends the protection of the civil liberties to the population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other amendments. This paper discusses three amendments in the Bill of Rights which includes the First, Fourth, and Sixth Amendments, with explanation of each amendment, and how it extends the protection of civil liberties to the population. The First Amendment This Amendment enacts the protection of free speech, religion, press, assembly, and freedom to petition the government (Dautrich & Yolof, 2011). The purpose of this Amendment is to prevent any directive establishing an adherence to a specific religion or any law prohibiting free practice of speech, assembly, and freedom of the press (Volkomer, 2011) The Amendment exclusively affects all individuals living in the U.S. including citizens within the U.S. government. It protects the right for an individual to express themselves freely, without fear of retaliation. The First Amendment is so important, because it protects the rights of the citizens to engage in open discussions and debate on public issues, which are important in any...
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...First, the most serious crimes are called felonies. Felonies mean prison time in which a person in locked up for the minimum of three hundred and sixty-five days. There are exceptions in which the person is not doing time, but with a felony conviction a person might as well be in prison. Felonies consist of crimes that include serious bodily harm to victims or white color crimes. Misdemeanors are the second types of crime. They are less serious crimes that put you in jail for three hundred and sixty four days or less. There are exceptions to people who are awaiting trial. An example of a misdemeanor is committing simple assault and being fined a certain amount of money for the victim. The last types of crime are not necessarily truly crimes, but are petty offenses and violations. Infractions do not normally result in jail time. Most common infractions are traffic; this is more of civil cases rather than criminal offenses (Bergman). In other words, there are different categories of crime which they list as felonies which are serious crimes that can result in one year in prison to a death penalty, a misdemeanor in which are small time crimes sometime requiring a fine or even temporary imprisonment, and violations in which are examples of failing to obey a rule like traffic laws which can be punishable by...
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...Prof. Robertson srobertson@devry.edu 773.233.5028 Post 3 times a week on 3 different days for discussions. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WEEK1 Criminal law - Wrong against the state (this is called a crime) - Jail time is penalty Civil law - wrong against a person (this is called a tort) - Damages is penalty (money) Killing someone is both criminal (murder) and civil (wrong full death). Federal Court - Supreme court - Appeal court - District Court State Court - Supreme court - Appeal court - trial Court Double Jeopardy means you can’t be charged for the same thing twice. Sources of law 1. Constitutional - By the constitution 2. Statutory - Created by congress 3. Common Law – through court system - Stare decisis - Remedies o Law = damages (money) o Equity = Injunction (stop what you are doing) and specific performance (cannot be replaced) ▪ Heir loom ▪ Famous paintings - Summary Judgment (ask the court to throw case and he rules in your favor) Corporate social responsibility (the invisible hand – if you do good, good will come to you) +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WEEK 2 Constitution - 51 constitution (one for each state) - Document detailing...
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...fate that since the adoption of the Constitution, it has undergone so many amendments that it hardly has its original spirit, the spirit which motivated the Drafters to draft the First Constitution of Bangladesh after its glorious birth through a long liberation struggle. An unenviable feature of the 'constitutional development' of Bangladesh is that it had to withstand two extra-constitutional, i.e., Martial Law, regimes. Later on the Fifth and the Seventh Amendments to the Constitution validated the Martial Law regimes, which raise a series of questions concerning their legality, both substantive and procedural. Can Parliament validate anything, which is otherwise invalid from its very beginning? Can a Martial Law Proclamation amend any provision of the Constitution and can the Parliament give legal coverage to that amendment? Can Parliament amend any provision of the Constitution which is considered as a basic structure of the Constitution? All these questions have been in the discussion for long 30 years. In 2000 through a writ petition1 the validity of the first Martial Law Regime was challenged, so was challenged the authority of the Martial Law Administrator and lastly in September, 2005 by a division bench of the High Court Division of Supreme Court, the Court in its historic judgment declared the Fifth Amendment illegal and unconstitutional. Apart from declaring the 5th Amendment...
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...Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. * Freedom of religion, speech, and the press; right of petition and assembly Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. * Protects against unreasonable search and seizure Amendment 5 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. * Rights of people accused of crimes * No double jeopardy * Right to remain silent * Notice and opportunity...
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...LS305-01 Constitutional Law Unit 2 Assignment – The Concept of Free Government Bobbywayne Tillman Professor William Muniak Kaplan University Task: The Concept of Free Government Conditions: Review Chapter 2 and provided links. Define the concept of free government. analyzing how and why the framers of the First Amendment intended to protect freedom of speech and how this relates to the term “free government”. Discuss at least three elements of this freedom. What kinds of speech did they intend to protect? Do you think that they envisioned any limitations on protected speech? If so, what are some of those limitations and their rationales? Standards: Write a two to three page paper, with appropriate references. RE: Amendment I – Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or he right of the people peaceably to assemble, and to petition the government for the a redress of grievances. [1] There are three elements of the first amendment which are: 1. Separation of Church and State 2. Free Exercise of religion 3. Freedom of Speech Free government is a republican form of government in which the powers are divided between departments; the legislative, executive, and judicial. Each have distinct and independent powers designed to operate as check and balances upon those of the other two co-ordinate branches....
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...just seems that it was converted into a warehouse for bodies. Retribution, the inmate would have to pay for what they had done to someone. In this state of New Jersey there are certain crimes that according to the law that the criminal would have to pay back, they would have to pay restitution. Last but not least in sentencing is reformation which goes hand in hand with rehabilitation it was intended to make improvement with the person who has been incarcerated. The plan was to reorganize their lives and provide a way for an overhaul on their way to restoration. If someone a citizen or naturalized and they commits a crime against society they still have constitutional rights. They are under the protection of the fourth amendment is that there shall...
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