Conclusion: The court will likely hold that Andrew Keegan’s (“Mr. Keegan”) actions were a product of a law enforcement officer in influencing his conduct therefore establishing an entrapment defense. Rule: For purposes of entrapment defense, a defendant’s conduct is the product of a law enforcement officer when the officer plays a direct role in influencing the defendant to engage in the conduct through an explicit order. Albaugh v. Ind., 721 N.E.2d 1233 (Ind. 1999). Explanation: For example, in Albaugh’s, Deputy Sheriff Dale Maxie arrested William E. Albaugh (“Albaugh”) for driving while intoxicated. Albaugh left his home in his pickup truck and within a quarter mile from his home had it break down. He then turned on his hazard lights and left it on the edge of the road. After walking home, Albaugh decided to drink alcohol with his girlfriend, while the weather was rapidly deteriorating due to snowfall. Shortly afterwards, Deputy Sheriff Dale Maxie (“Deputy Maxie”) and Jailer Barry Bischoff arrived at his home after finding his vehicle on the side of the road and subsequently running the license plate. Deputy Maxie wanted Albaugh to immediately remove his vehicle, claiming it was a road hazard. Mr. Albaugh attempted to persuade the officer that due to inclement weather moving his …show more content…
Keegan to engage in prohibited conduct through an explicit order, and thus satisfying the element of an entrapment defense in question. In Albaugh’s, Deputy Maxie had Albaugh leave his home in the middle of the night to remove his vehicle off the road in a means that could have included him driving it home. Similarly, an officer had Mr. Keegan engage in picking up a firearm off the floor. Albaugh had evidence that he had no intention to leave for the night and would not be leaving his home until the following day. Similarly, Mr. Keetan had no intention to possess a firearm either permanently or
The applicant Mr. Arthur Hutchinson was born in 1941. In October 1983, he broke into a house, murdered a man, his wife and their adult son. Then he repeatedly raped their 18-year old daughter, having first dragged her past her father’s body. After several weeks, he was arrested by the police and chargedwith the offences. During the trial he refused to accept the offence and pleaded for innocence. He denied accepting the killings and sex with the younger daughter.
Kenneth Dascoli filed a complaint against Arthur Kelly, Esq., on August 10, 2015. Dascoli alleges that Kelly deprived him of a fair trial in a criminal matter, essentially due to lack of preparation. The lack of preparation consisted of failing to visit the complainant while he was being held in jail, failing to interview witnesses, and failing to prepare for trial. Kelly has allegedly violated Mass.R.Prof.C. 1., 1.3, and 8.4(d).
Two years later, the former undercover New York City narcotics detective testified in the Brooklyn Supreme Court, that the Brooklyn South and Queens narcotic squads had been framing innocent people routinely by planting evidence, in order to reach arrest quotas. “It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators” , he recounted during his
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
In the case of 14 year old Timothy Kane a Florida teenager, reveals how youths can be hauled away for life, when the evidence shows he was just a tagging along with a group of friends
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
The evidence discovered during the investigation suggested to the police that OJ Simpson may have had something to do with this murder and they obtained an arrest warrant. The investigators believed that they “knew” OJ Simpson committed the murders. His lawyers and him were informed of the arrest warrant and agreed to a specified time when OJ would turn himself into authorities. Investigators are later admonished, by the defense, on how they handled the crime scene.
In law, we desire to see whether or not the person truly intended to do the crime. We desire to know the amount of agency she had within herself to commit or not commit crime. If she did not have this agency, she most likely was entrapped and does not deserve punishment. The people who are not entrapped are those who would have committed the crime regardless of the involvement by the police. Therefore, they cannot be permitted to entrapment for a legal defense because they themselves initiated the causal change of guilt. The cause was not initiated by the police; instead, the police were simply able to deduce from certain circumstances that a crime was taking place and an arrest was inevitable.
The first recommendation for KIPP Houston is to creatively increase funding. One option would be to utilize crowdfunding; which is the practice of funding a project or venture by raising monetary contributions from a large number of people. This form of crowdsourcing has become a successful alternative finance. Another option is to increase the number of wealthy investors and continue to expand this source of revenue. KIPP needs to decrease the amount spent on salaries for upper management.
• Kimberly, M. (2008). Discovering Arrest Warrants: Intervening Police Conduct and Foreseeability. Yale Law Journal, 118(1), 177-185.
Caren Campano was a 42 year old woman working a decent job, and married to a man 15 years younger than her. Chris, her husband, was a drug addict that did not have steady income. The night she disappeared they had a large argument, and according to Chris, they both left the house in separate directions to cool off. She left on foot, and he left in the truck to a bar. The next morning he called her job asking if she was at work and they said she never showed up. He called and made a missing person’s report. The investigators went to their house and stated the house was in good condition, and did not look like she left. There was no signs of a fight. However, they found a large brown stain that was still wet next to the bed. When they tested it, it was positive for blood, and when they pulled the carpet back, there was an even larger blood stain on the cushioning under the
Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth
The purpose of this case study is to investigate and bring new insight to situations and behaviors within an organization. Case studies are learning tools which utilize social science research to identify and resolve individual and organizational challenges (K. Mariama-Arthur Esq., 2015).
Lippman, M. (2012). Contemporary Criminal Law Concepts, Cases and Controversies (3rd ed.). [Vitalsouce Bookshelf version]. Retrieved from http://online.vitalsource.com/books/9781452277660/5/3
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law