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Corruption in policing
Forms and possible consequences of corruption at police stations
Forms and possible consequences of corruption at police stations
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The exclusionary rule bars evidence obtained in violation of the 4th Amendment by federal or state police from being used in court against the defendant. Its primary purpose is to discourage police misconduct in the search and seizure of property. The exclusionary rule first appeared in 1886 in Boyd v. United States, 116 U.S. 616, but it wasn’t until 1914 in Weeks v. United States, 232U.S. 383 that the rule made inadmissible any evidence illegally obtained by federal officers in all federal criminal prosecutions. Finally, after 47 years of federal officers’ end-run around the exclusion rule (silver plate doctrine), the Supreme Court held that the exclusionary rule was to be applied to state courts as well in Mapp v. Ohio, 37 U.S. 643 (1961).
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.
United States, the Court concluded that in order to protect the citizen’s Fourth Amendment right to be free from unreasonable searches and seizures, illegally seized evidence must be excluded in federal trials” (Gardner & Anderson, 2016, p. 215). The key phrase in this statement is “federal trials” because this indicates that the state courts did not have to adopt the exclusionary rule, and could still admit illegally seized evidence in their state-level court systems if they so pleased it. Unfortunately for Mapp’s, the state of Ohio did not adopt the exclusionary rule until later, which leads to me her arguments. Mapp’s argued that any evidence that is obtained illegally should be inadmissible in court. She further argued that the exclusionary rule or the Fourth Amendment rights should apply to all criminal prosecutions, including state
I believe this United States Supreme Court case is particularly important because it ultimately defends a person?s Constitutional right to privacy. As stated before, until this decision was made, the search and seizure laws were given little consideration. Although there is always an exception to the rule, for the most part, evidence that is obtained in a way that violates a person?s Constitutional right is inadmissible in Court. This decision has most definitely refined the laws of the admissibility of evidence and the procedures followed by those in law enforcement.
In the 1996 Supreme Court case Romer v. Evans, the voters of the state of Colorado approved a second amendment to their state Constitution through a referendum, in order to prevent homosexuals from becoming a protected minority. Before the referendum occurred, many of the major cities in Colorado passed laws prohibiting people to be discriminated against based on their sexuality, including whether or not they are homosexual. The citizens of Colorado who disapprove of homosexuality then created a petition to put the second amendment to a vote, and won with a majority of 53% of the votes. Richard Evans, with the support of many others, took the amendment to court claiming it was unconstitutional, and should be removed from the constitution, going on to win in the Colorado Supreme Court and the United States Supreme Court.
The U.S Constitution came up with exclusive amendments in order to promote rights for its citizens. One of them is the Fourth amendment. The Fourth Amendment highlights the right of people to be secure in their persons, houses, 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 searches, and persons or things to be seized (Worral, 2012). In other words such amendment gave significance to two legal concepts the prohibition of unreasonable searches and seizures and the obligation to provide probable cause to issue a warrant. This leads to the introduction of the landmark Supreme Court case Mapp v. Ohio and the connection to a fact pattern (similar case). Both cases will be analyzed showing the importance of facts and arguments regarding the exclusionary rule and the poisonous doctrine.
In United States v. Alvarez, Xavier Alvarez claimed that he was a retired marine who had received the Congressional Medal of Honor in 1987 for being wounded repeatedly by the same person in combat. These claims were made in an attempt to have him gain more respect from his peers. The claim was that Alvarez had violated the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 states that there are protections against claiming to have received some type of military honor, such as the Medal of Honor and other military decorations and awards (GovTrack). The Government stated that there was first amendment value applicable to Alvarez’s false statements, and that his statements caused harm to others. By making this statement, it was argued that the value of the award of Honor would drop and that this type of false speech falls under the same category as speaking falsely on behalf of the government or as a government official. However, since his statements were not made with the intention of financial benefits or special treatment, his false claims may not be illegal because they were made for the purpose of gaining respect.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
An ethical obligation the police should adhere to while carrying out their duties of investigations and arrests is the exclusionary rule. (Hall,2015). It is both ethical and evidentiary. The 4th Amendment exclusionary rule prohibits all evidence obtained by searches and seizures in violation of the U.S. Constitution. (Alschuler, 2008). It also excludes "fruit of the poisonous tree" and any other evidence obtained through the illegal search or seizure. This makes them subjected to the question of causation. Did the 4th Amendment violation cause the government's receipt of evidence that a defendant seeks to oppress? Other ethical considerations include that officers should obey the law, they shall not behave in unbecoming ways and should respect
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
Ohio is accepted to be among the most popular Preeminent Court cases to consolidate occurrences inside the twentieth century; this case was energy to the earlier catch of Dollree Mapp by the Cleveland Police Office, in which Boss Equity Earl Warren was the Legal Officer in charge of the decision for this situation. Ohio vs. Mapp, the liberal Warren Court broadened the Weeks exclusionary make sense of how to state courts. The Warren Court held that the exclusionary rule is a touch of a tenant's Fourth Amendment right. Some police chiefs and government specialists censured Mapp for confining the police. Around the total of this case the pick that was insistence seized, ignoring the Fourth Amendment may not be utilized at trial. Americans consider from television crime showing up, has its sources in the prominent point Supreme Court case Mapp v. Ohio (1961). For this condition, the Court held that States must submit to the "exclusionary control" now and then begging to be proven wrong methods for guaranteeing esteem
In summation, there is no real way to dismiss the utilization of certain rules to protect and or eliminate evidence. The defendant must preserve his or her constitutional rights. The prosecution and investigators must also be accountable to these rights to ensure that the judicial system in this nation does not become a mêlée of wrongful or unfair convictions, which may be motivated by speed and necessity, rather than good experienced police and legal work. It is also important to note that many legal violations of the disclosure laws and events that would obtain the use of the exclusionary rule have ended in false convictions, giving further proof to the efficacy of the law. The rules for presenting evidence are designed to help the court and jury establish truth and administer justice (Paul B. Watson, 1986).
Terry v. Ohio was in 1968 it had a decision by the United States Supreme Court which held that the fourth amendment prohibition on the unreasonable search and seizures is not violated when a police officer stops a suspect on the streets and frisks him or her without probable cause to arrest, if the police officer had a reasonable suspicion of that person had commit a crime in which he can be belief that the person may have a weapons that can be dangerous to a police officer.