...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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...advances have triggered many privacy right cases imputing infringement of Fourth Amendment rights. Many of these types of privacy infringement cases involve, among others, wire-tapping, internet-tapping and other cyber crimes. The Fourth Amendment essentially protects the privacy of individuals from unwarranted govermental intrusion. This paper compares and contrast public safety versus civil rights issues based on the impact of technological advances on individual privacy rights. Lost in the Matrix Introduction Technological advances have created ground-breaking ways in which individual privacy can be infringed upon. These innovative technological advances have, among other novel affects, increased the ability to gather and share information. This increased ability has nearly made it impossible to retain privacy. Database systems have become so advanced that much more information can be stored on these databases worldwide leaving individuals with no method of knowing or controlling what type of information about themselves are being accessed. Information privacy has become a major privacy rights issue in the criminal justice system. This paper compares and contrast public safety versus civil rights issues based on the impact of technological advances on individual privacy rights. Privacy Rights Laws While the right to privacy is not explicitly laid out in the Constitution, the Fourth Amendment to the United States Constitution provides that “the right of the people...
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...Foreign Intelligence Surveillance Act: The Pros and Cons of Section 703. The FISA Act was created to govern the gathering of foreign intelligence. In 1952, President Thurman established the National Security Agency within the department of defense. The NSA is the premiere signals intelligence agency. In the United States Intelligence Community, agency efforts are channeled through the Director of National Intelligence (DNI). The American intelligence community works closely with foreign intelligence agencies, especially on SIGINT matters. The members of the Cold War era UKUSA Agreement (Australia, Canada, New Zealand, United Kingdom, and the United States) also known as ‘Five Eyes’(FVEY), are partially close collaborators. In the 1950’s the Executive branch was largely in control and unchecked by the Legislative and Judicial branches on Foreign intelligence matters. Some surveillance policies were narrowed due to constitutional concerns. The authority for foreign intelligence was identified in the President’s inherent Article II of the Constitution powers and a key legal check on that authority was the Fourth Amendment. The fourth amendment as interpreted by...
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...Rights. The one thing I will cover is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism or the USA Patriot Act. This Act has caused numerous concerns over the years of the federal government over stepping their bounds on their tactics of intelligence gathering after the terrorist attacks on September eleventh two thousand and eleven. This paper will discuss some advantages of the patriot act such as sharing intelligence between the federal, state, and local governments. As well it will cover harsher penalties for hackers. The paper will also cover some of the disadvantages of the Patriot Act. Such as screening peoples phone calls and E-mails possibly infringing on a persons’ Fourth Amendment rights. The first thing this paper is going to discuss is how the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism or the USA Patriot Act. The Patriot Act helps throughout the multiple levels of the government, from federal to the local government. One way is within this act it allows the multiple levels of the government to share information between organizations. “The Act removed the major legal barriers that prevented the law enforcement, intelligence, and national defense communities from talking and coordinating their work to protect the American people and our national security. The government's prevention efforts should not be restricted by boxes on an organizational...
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...What is causing a lack of constitutional privacy? The United States of America is a country founded on the principles of seven founding fathers. These men strived to produce a constitutionally based system, a system which was based upon certain doctrines, one of which was privacy. This topic has been mentioned subtly in the Bill of Right and the Declaration of Independence, such as in the first amendment, the right to free speech, and in the fourth amendment, the right to no unreasonable searches and seizures. After all, we live in a country whose majority population believes in privacy being a god given right. Since America was founded on privacy, it seems absurd that the government has to look over our shoulders for insight information. A prime example of how the government interferes with the privacy of taxpaying citizens is through the U. S. Patriot Act. Yes, it was designed to prevent future terrorist attacks but it seems as if there are much more cons than pros; the checks and balances simply do not equal out. The U.S. PATRIOT Act is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. This provision was passed in 2001 very soon after the multiple terrorist acts on September 11th, 2001. Under the supervision of George W. Bush, the bill was passed through congress and was enacted on within an amazing 6 weeks! The bill can simply be summarized...
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..."Should employers be allowed to monitor personal communication of its employees?" Ellen Berkeley, Amy Davis, Shawn Molloy, Deborah O’Leary, Karey Raubenheimer BCOM 275 October 31, 2011 Professor Tom Melpolder Although organizations have monitored employees for centuries, a number of developments have greatly expanded the amount and scope of employee monitoring. For example, recent technological advances have dramatically altered the nature of work, the working environment, and employee–employer relationships. As a result, information technology has emerged as an integral part of today’s organizational infrastructure. These new technologies have the potential to improve worker efficiency and effectiveness. However, there are risks associated with any new technology including the potential for employee abuse resulting in negative consequences (Alder, Kuenzi & Schminke, 2008). Private communication such as e-mails and social media in the workplace has emerged as one of the stickiest legal issues of the electronic age” (Cappel, 1995). The debate is divided. One side believes that employers should not have full control over its employee’s personal communication. Their view is that employees should have the ability to communicate with friends and family while on breaks, as long as productivity isn’t affected. Further, they believe that employees have a privacy right and should be allowed to communicate while at work without being monitored...
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...Drug Testing Welfare Recipients: A Wise Choice Robert Denson ENG1420 Mr. A. Hewlett 10 February 2015 The national welfare system was created in 1935 to provide federal aid to the elderly, disabled and qualifying single mothers during the Great Depression (Costly, 2015). Public housing assistance, the Food Stamp Program and Medicare are examples of state programs available to assist families in need. Welfare, undoubtedly, is an essential source of assistance for many under privileged families. In recent years, some states have enacted drug testing for welfare recipients. This action has raised the question if it’s unfair search and seizure, other words, unconstitutional (Fourth Amendment to The United States Constitution, n.d.), or does it really discourage suspected drug abuse Many Americans agree there needs to be a reformation to the Welfare act and how the assistance should be utilized by its recipients. Opponents argue that the children will bear the brunt of the drug testing policy and it will cost more than it saves (Drug-Testing & The TANF Program, n.d.). The children depend on the adults to receive the benefits on their behalf, but when those benefits are being traded for drugs and/or cash to purchase drugs, there is no benefit. Discontinuing benefits to individuals who test positive for illegal substances would allow those funds to be returned to the state and federal budgets. In return, those unused funds will aid in balancing the state’s budget and...
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...knowledge on embryo viability.62 The doctors came to the consensus that the motion of a fetus can be detected in the sixteenth to eighteenth week of pregnancy.63 However, there was debate on whether movement implies life and when a fetus is considered a human being.64 The American Medical Association held strictly pro-life views and its representatives urged the court to dismiss Roe’s case in order to preserve fetal life; they requested that the court make performing or receiving an abortion a felony.65 The Constitution does not define what person means and the court disagreed that one philosophy on when life begins should take precedence over women’s rights.66 The American Public Health Association recommended to the court “…that abortions in the second trimester and early abortions in the presence of existing medical complications be performed in hospitals as inpatient procedures.” for the safety of the patient.67 The court discussed First, Fourth, Fifth, Ninth, and Fourteenth Amendments at length in order to decide if abortion’s criminalization aligned with the Constitution.68 The idea of individual freedom and limited in found in the Fourteenth Amendment.69 The courts decided that physical, emotional, and mental harm could be caused to women if they were unable to choose if reproduction would be their best option.70 This harm could prevent the mothers from caring for their children. From this, the courts concluded “…the right of personal privacy includes the abortion...
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...Caden Jenkins English 2010 February 21, 2016 Annotated Bibliography Berns, Walter. “Should The Current Electoral College Be Preserved?” Congressional Digest, 80. (2001): pg.16. EBSCOhost. Web. 21 February 2016. From being one of my databases I thought that it would be a good idea to have both sides of the argument, so that is why I selected to put another pro of the electoral college. The reason for this is to simply receive more credibility from my audience that I have looked at all sides of this and from all of this information was able to draw my own conclusion. Furthermore the audience is always pleased with the fact that you do not simply hammer on the topic but show the good things about it as well. It answers key questions as to why it should be kept what good things it does for the smaller states in giving them power. It argues that if we were to take it away it would mean that the smaller states would then become more over powered by the larger ones. Durbin, Richard J. “College System Be Preserved?” Congressional Digest, 80. (2001): pg.17. EBSCOhost. Web. 21 February 2016. This article is a little bit older being published in 2001 but it still holds very good information on whether or not the college should be preserved or not. This is a very credible source to me simply because it comes from a man who has been working in politics for quite sometime. The audience would be pleased reading about this as well because they will be able to receive the opinion of a man...
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...and whether or not it’s going towards a helpful and productive cause? Thesis: Today we will break down the pros and cons of enforcing welfare recipients to be drug tested. Preview: Our group will inform you all about what welfare actually is, as well as reasons as to why some people believe it is a violation of their rights to be drug tested in order to receive welfare. More importantly, you will hear the opposing side of this issue, which is in favor of drug testing, along with reasons we believe it will benefit the welfare system. (First let’s get a better understanding of what welfare actually is.) Body I. Usually when one hears the word welfare, he thinks of public assistance. A. According to the welfare info website, welfare can also be characterized as a financial assistance to needy individuals, which is supplied through the taxes paid by the working society. (welfareinfo) 1. It also improves the quality of life and standards of living for the poor. II. Now that we all understand what welfare is, let’s look at the pros and cons of enforcing drug testing to receive this assistance. A. As said by Florida’s Governor Rick Scott, “the most important benefit to this is that it would show that we do not want to waste tax dollars, as well as give people an incentive not to use drugs.” (Drug testing for welfare recipients pros and cons) B. A major benefit of requiring financial aid recipients to pass a drug test is that it would help people...
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...When one thinks about being under surveillance it brings upon an uncomfortable feeling. The Patriot Act is recording information on every single call one receives or makes. Claiming to do so for saftey reasons like preventing terrorism. However, many like ourselves disagree with it. The patriots act should be dismembered due to the insufficient evidence supporting it and unconstitutional reasoning. To emphasize, The entire process began after the horrific events that were held on September 11,2001; to prevent future terrorist attacks. But, many think that by taking record of the calls they can prevent such serious accusations. For instance Now This quoted Barack Obama, "...These programs they make a difference in our capacity to anticipate...
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...There are many pros and cons regarding drug testing people before they are able to receive welfare benefits. Some people think it is a violation of their rights, the testing is not fail proof, and the cost is usually greater than the benefit. Those who are in favor of drug testing believe it will benefit the welfare system, help the tax payers save money and also help the children of the parents if they are using drugs. Government leaders and most of the general public look at it from a financial point of view while people who receive benefits look at it from a constitutional point of view. The government court system and judges are not backing the drug testing idea because of the fourth amendment. In my personal opinion I am for people being drug tested who receive benefits or any assistance from government funded programs. The middle class worker has to be drug tested to work, earn money and pay taxes. People who receive assistance should not be exempt from this type of requirement. What is Welfare? Welfare is a public assistance program designed to help people who are not able to support themselves fully. Welfare encompasses those government programs that provide benefits and economic assistance to no or low income individuals. It can also be defined as financial assistance to impoverished individuals which is supplied through the taxes paid by the working class. Improving the quality of life and living standards for the poor and underprivileged is one of the main goals of...
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...Emphasis on self reliance, PSUs, and vibrant SMEs * Trickledown effect and strong basic industries * Criticism Some important events: * 1948- Pakistan war * 1962- China war * 1965- Pakistan war * 1971- Liberation of Bangladesh * 1970s- oil and energy crises * 1975- Emergency * 1991- BOP crisis From 1947-1979: * First FYP 1951-1956- emphasis on Agriculture * Second FYP 1956-1961- emphasis on industry * Third FYP 1961- 1966 – balance between both * Three yearly plans from 1966-1969 * Nationalization of banks 1969 * Up to now most of the banks except SBI were owned by private individuals * 14 banks were nationalized. They had about 85 percent of the total deposits * Fourth FYP 1969-1974- emphasis on social justice * Whatever liberal measures initiated since independence were reversed * Recall the events discussed earlier * Fifth FYP 1974-1978- emphasis on poverty alleviation and employment * Recall the events * Newly elected government rejected the plan * Rolling plans 1978-1980 * Sixth FYP1980-1985 * End of Nehruvian socialism * Beginning of economic liberalization * Achieved 5.4 percent growth against the target of 5.2. So considered to be a great success * Seventh...
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...The USA PATRIOT ACT, commonly known as the Patriot Act, is an acronym for Uniting and Strengthening America by Providing Appropriate tools required to Intercept and Obstruct Terrorism Act of 2001. On October 23, 2001, Republican Rep. Jim Sensenbrenner introduced H.R. 3162 incorporating provisions from a previously sponsored House bill and a Senate bill also introduced earlier in the month. The next day on October 24, 2001, the Act passed the House 357 to 66, with Democrats comprising the overwhelming portion of dissent. The following day on October 25, 2001, the Act passed the Senate by 98 to 1, with Russ Feingold the only opposition. This act was signed then into law by former president George W. Bush on October 26, 2011, just six weeks after the September 11th attacks to the World Trade Center and the Pentagon. This act reduced restrictions in law enforcement agencies’ gathering of intelligence with the U.S. The act also expanded the definition of terrorism to include domestic terrorism. The Patriot Act made many changes to U.S. law, such as the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. It was strongly opposed by Senator, Russ Feingold; he was the only Senator to vote against the bill. The final Act had a number of sunsets that was supposed to expire on December 15, 2005. On May 26, 2011, President...
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...The USA PATRIOT ACT, commonly known as the Patriot Act, is an acronym for Uniting and Strengthening America by Providing Appropriate tools required to Intercept and Obstruct Terrorism Act of 2001. On October 23, 2001, Republican Rep. Jim Sensenbrenner introduced H.R. 3162 incorporating provisions from a previously sponsored House bill and a Senate bill also introduced earlier in the month. The next day on October 24, 2001, the Act passed the House 357 to 66, with Democrats comprising the overwhelming portion of dissent. The following day on October 25, 2001, the Act passed the Senate by 98 to 1, with Russ Feingold the only opposition. This act was signed then into law by former president George W. Bush on October 26, 2011, just six weeks after the September 11th attacks to the World Trade Center and the Pentagon. This act reduced restrictions in law enforcement agencies’ gathering of intelligence with the U.S. The act also expanded the definition of terrorism to include domestic terrorism. The Patriot Act made many changes to U.S. law, such as the Foreign Intelligence Surveillance Act of 1978 (FISA), the Electronic Communications Privacy Act of 1986 (ECPA), the Money Laundering Control Act of 1986 and Bank Secrecy Act (BSA), as well as the Immigration and Nationality Act. It was strongly opposed by Senator, Russ Feingold; he was the only Senator to vote against the bill. The final Act had a number of sunsets that was supposed to expire on December 15, 2005. On May 26, 2011, President...
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