...Case Study William Smith Professor Leona Williams July 15, 2014 Columbia Southern University This case study paper is focused on the exclusionary rule, which is defined as an interpretation of the Fourteenth Amendment by the Supreme Court that holds evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant (Dempsey, J., Forst, L., 2011). What this rule pretty much means is that any evidence that is found to be seized in violation of the U.S. Constitution can be suppressed in court and not used against the arrested subject. The exclusionary rule evolved in U.S. law through a series of Supreme Court cases. Since at least 1914, the Supreme Court has been concerned with the use of illegal means by the police to seize evidence in violation of the Constitution, and then using that evidence to convict a defendant in court (Dempsey, J., Forst, L., 2011). The court continually warned state courts and law enforcement agencies that they must amend their procedures in order to comply with the U.S. Constitution or risk the exclusionary rule being imposed on them as well. By 1961, the Supreme Court, noting that the state courts had not amended their procedures to conform to the Constitution, applied the exclusionary rule to the state courts and law enforcement agencies, as well as federal ones. The following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also...
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...Gateway (Second Draft) Most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student must be free to express themselves without unfair limits and the Tinker vs. Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t...
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...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
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...STUDY OF THE 4TH CJUS367-1004A-05 Criminal Law Study of The 4th Amendment Study Of The 4th Amendment This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order for police officers to make arrests, make vehicle stops, etc…If a person is placed under arrest, the Miranda rights must be read, in part it reads, “You have the right to remain silent, if you give up that right, anything you say can and will be used against you…” even criminals have rights, and their rights can’t be violated no more than any other citizens, that is why they have to know they have a right to not say anything if arrested and detained by law enforcement. The Constitution of the United States of America is a document, drawn up by our fore fathers designed to lay out the “unalienable” rights of each citizen, as “endowed by the creator”; as well as delegate powers and responsibility of each branch of government, but on the premise that no one branch of government should have exclusive...
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...how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks, founded in 2006 by Australian Julian Assange and a small group of activist and computer experts, is a whistle-blowing website which “aims to bring to light secret information about governments and corporations” (“Times Topics”). “[I]t is the world’s first stateless news organization, because it belongs to the Internet rather than to the laws and culture of any one country” (Peters)....
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...Prayer in Public Schools Derrick DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents...
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...Recent statistics show schools that promote school uniforms are high in attendance but are lacking in academic excellence. History also shows that in cases involving dress code violations and freedom of expression have ruled in favor of the students. School uniforms create an added cost for families and the impact varies among socioeconomic groups. Although some people believe that wearing school uniforms can be a greener alterative and makes better students there is no proof that it provides a safer, more studious environment. Schools say uniforms promote a more studious environment. Research strongly states that school uniforms promote no self-expression or justifiable increase in grades. With schools that do not require uniforms to be worn a decrease in attendance but a higher grade point average is apparent among its students. The qualities of the school and academics offered should promote the environment not the clothes the school requires the students to wear. School officials say that promoting school uniforms can create less conflict among students because all the students are wearing the same clothes. But recent studies show that conflict or bullying among students is still present with schools that promote school uniforms. In the article, "Dress Codes: The Pros And Cons,” the author explains that even if every student wears the same thing bullying is still going to be present because changing what they wear by making them wear identical uniforms will not break this...
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...Harvard as a junior member board; during that particular time Henry Kissinger took notice to Ellsberg rational lectures. Ellsberg soon began to work as a strategic analyst in the Santa Monica office of the RAND Corporation. The RAND Corporation was the beginning of an opportunity, unbeknown to Ellsberg having clearances to top secret information – would eventually lead him to the release of the Pentagon Papers. Ellsberg became involved in the Vietnam War in 1965. “ I had accepted the official answer,….namely that there was a civil war going on, that we had a right to intervene and pick one side or the other.” Ellsberg, like many Americans in the U.S had trusted and believe that their government would guide them right for the U.S involvement in Vietnam. In 1967, Ellsberg became more concerned by the continuing violence of the war and how the U.S continued to brainwash the public through the media that the war was for the right cause. “The programs we were pursuing had no chance of succeeding. We’re not in any way proceeding as people thought they were back in Washington.” At this point Ellsberg felt the U.S should end the brutal war with Vietnam. Soon afterward an amazing opportunity was presented to him, Halperin and Gelb asked Ellsberg to join the staff of the Pentagon Papers project. A year later, Ellsberg’s attitude and opinion regarding the war continued to increase drastically. I strongly believe, Ellsberg conversation with an Indian woman also increased his questioning...
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...The most important freedom in the bill of rights is the freedom to not be creully or unusually punished as declared in the eighth amendment. This was the most important because it shows the fairness the judicial system was meant to bestow upon everyone and how there are some inequalities in the distribution of fairness in that very system today. The disparities in in the judicial systems attempt to follow this amendment can be separated by race, time period, and criminal records. Regardless of the multiple violations of this amendment, it is still a part of our mostly successful judicial system. It is true, the eighth amendment may only seem important for criminals it is actually relevant to those accused of a crime, which according to a study .5% or close to 10,000 convictions are of innocent people every year (Spring). So this amendment is relevant to everyone capable of being falsely accused of a crime. If by chance a falsely accused and convicted man is released he could potentially sue for hundreds of thousands of dollars, if he was tortured for the duration of his sentence he could, and most definitely would, sue the state for billions....
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...Reading Room site. Reposting is not permitted without express written permission. Legal Aspects of Privacy and Security: A CaseStudy of Apple versus FBI Arguments The debate regarding privacy versus security has been going on for some time now. The matter is complicated due to the fact that the concept of privacy is a subjective phenomenon, shaped by several factors such as cultural norms or geographical location. In a paradoxical situation, rapid advancements in technology are fast making the technology both the guardian and invader of the privacy. Governments and organizations around the globe are using technology to achieve their objectives in the name of security and conveni... AD Copyright SANS Institute Author Retains Full Rights Legal Aspects of Privacy and Security: A CaseStudy of Apple versus FBI Arguments GIAC (GLEG) Gold Certification Author: Muzamil Riffat, muzamil@hotmail.com Advisor: Chris Walker Accepted: June 1, 2016 Abstract The debate regarding privacy versus security has been going on for some time now. The matter is complicated due to the fact that the concept of privacy is a subjective phenomenon, shaped by several factors such as cultural norms or geographical location. In a paradoxical situation, rapid advancements in technology are fast making the technology both the guardian and invader of the privacy. Governments and organizations around the globe are using technology to achieve their objectives in the name of security and...
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...picture, it does not seem to be the case when a close is taken at things like our judicial system. The amount of inequality that takes place in this country is atrocious. In her article The New Jim Crown, Michelle Alexander asks the question: “ how exactly does a formally colorblind criminal justice system achieve such racially discriminatory results? “ (p 100). She says that there are two reasons why such results occur. The first reason is because law enforcement agents have a lot more discretion than necessary when it comes to...
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...hysteria. Major witch hunts started and people were unfairly tried for their crimes, resulting in most cases death. The Salem Witch Trials had many crucial cases that were detailed in The Wonders of the Invisible World, which has affected today's government branches in a multitude of ways. In the work The Wonders of the Invisible World Cotton Mather, the court's record keeper, would write down the various trails that were presented, the evidence ,and outcomes of them. One of the most famous cases he recorded was the case of Martha Carrier, a suspected witch. Martha was accused of bewitching people, cows, and committing crimes with her spectre. She proceeded to plead not guilty to these charges. The court called numerous witnesses that each gave their case against Martha. The biggest being her children, who accused her of being a witch and turning them into witches. The others accused her using spectral evidence, which is the crime of the person using their spectre to commit deeds. After hearing...
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...A challenging case study As the country comes under a major threat and the President must make decisions that will effect the entire country and world, certain issues will arise. The Bill of Rights is what makes America such a desired place to live. If it were to ever be altered in any way, this would bring on many negative reactions among the American people. As the Rule Utilitarianism is defined, it is a form of utilitarianism that says actions are moral when they conform to the rules that lead to the greatest good, or that the rightness or wrongness of a particular action is a function of the correctness of the rule of which it is an instance. For rule utilitarians, the correctness of a rule is determined by the amount of good it brings about when followed. In contrast, act utilitarians judge actions in terms of the goodness of their consequences without reference to rules of action. Another variation of rule utilitarianism stresses the greater utility of following a given rule in general, arguing that the practice of following some rule in all instances will have better consequences overall than allowing exceptions to be made in individual instances, even if better consequences can be demonstrated in those instances. Rule utilitarianism can also be seen as practice rule, which states that—even though in some or most cases the rule wouldn't cause the greatest good—never following it would not cause the greatest good for the greatest number of people. For example...
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...justice. However, Judges are obliged to be ever watchful and mindful in their endeavors of delivering justice. Every day, all over US judges dispense justice to convicted persons and defendants. However, absolute justice ideally is hardly realizable across board since its effectiveness demands human infallibility. Although it might be even harder to reap justice, justice is achievable and pursuit for justice remains a noble order. In this case, a 12 years old boy, Christopher Pittman from the state of South Carolina on February 15, 2005 shot his two grandparents using his father’s shotgun while they lay on their beds, he then set the house on fire, drove his grandparents truck and fled with cash and weapons in his possession. The petitioner, Pittman was only 12 years of age when he committed this malicious acts. He was charged with premeditated murder and put on an adult court for trial. Christopher Pittman’s defense team claimed that young Christopher Pittman remained an innocent child because he still could not differentiate what was right or wrong while under influence of Zoloft, an antidepressant. The defense urged the court to consider Pitman a child thus unable to plan and execute premeditated murder as an adult will do. The defense urged the judges to consider an equivalent reaction of a juvenile actions of such magnitude by sending him to a juvenile system where he will be able to get psychiatric treatment alongside rehabilitation and not retributions. However, the prosecutor’s...
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...Freedom of Religion and Public Education The United States came about by people who fled their homes in search of one thing, religious freedom. It was the search for religious freedom that brought people from their homes to cross thousands of miles on boats. This search for the right to practice religion freely is the reason that religious freedom is considered so important in the United States, and is secured for its citizens through the first amendment which reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...” (as cited in Killian, 1994). This article calls for the separation of church and state as well as the protection of religious liberty. The importance of separation through the government not promoting or endorsing any form of religion, is often felt in the public school system. The reason that the separation is felt in the public education system is because public school is a government program so, it is not allowed to endorse any religion, however, the students who attend there must be allowed to retain their religious liberty. This conflict has brought about valid opinions and concerns for the different aspects of religion found in a school setting. These aspects include prayer in school being allowed in the school; the teaching of religion in...
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