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Why the death penalty should be justified
Us justice system fair and equitable
How is the death penalty justified
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What is it about? Why is it important?
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
What happen? Procedural history, Trial level, and Appellate level.1
On November 12, 1984, Graham was having an episode where he was having an insulin reaction and unable to drive. Graham then asked his friend, Berry to drive him to the nearest store so that he could get some orange juice. Upon arrival Graham entered the store and he notice the line was long, he then hurried out of the store and back to the car (what police often consider the behavior of a robber). Sitting in his patrol car Officer Connor noticed Graham’s suspicious behavior, and he then proceeded to make an investigative stop. After approaching the car, Graham’s friend Berry explained to Connor that Graham was a diabetic and was having a reaction and needed some help. Connor order them to stay inside the car. Once his back up arrived, Connor then went back to the store to see if anything had happen. After finding out that nothing had taken place,
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Happening in today’s society, there have been countless number of citizens being killed by law enforcement. Some situations may not cause for force and others may. This case can be a reference in regards to making sure that the force you use is appropriate for the situation. As for the justice system, it is all about being fair and listening to both sides and issuing out the right punishment if there is any. Many people in today’s time needs to get educated when it comes to the reason behind why law enforcement uses force to handle the situations they have to deal with. But in the end it all comes down to right and
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Gonzales v. Oregon is a Supreme Court case that took place in 2005, with the verdict and dissenting opinions stated in January of 2006. The case is about the General Attorney’s ruling of a medical practice to be illegal. The Attorney General at the time was John Ashcroft, appointed under President George Bush Jr., who authorized that the usage of lethal doses of medicine on terminally-ill patients to be illegal under the Controlled Substance Act in 1970. The Controlled Substance Act of 1970 is a federal United States drug policy which limits the usage of certain medications in a variety of ways. (Oyez, n.d.).
On October 20, 2014 a young male teen was fatally shot in Chicago, Illinois. The shooting occurred in the middle of the road and the suspect that was fatally shot was named Laquan McDonald. McDonald was just 17 years old and was the suspect after initial reports placed him in the scene of a possible car jacking. It was reported that Laquan McDonald had a knife and was also seen slashing tires of a police cruiser. When police had finally had him surrounded in the middle of the road, one officer opened fire and released 16 shots into his body. Another deputy on hand said the use of force was not needed because Laquan was not in any way trying to attack the officers present. The officer who fired the 16 shots into Laquan is named Jason D. Van
The duty of prosecutorial disclosure is one that is safely entrenched in our understanding of the legal system. The prosecution must disclose evidence that relates to the case and is favorable to the defendant. While not explicitly stated in that duty, it also means that the histories of the witnesses are available to the defense. And when police officers are called to testify at cases, their disciplinary histories come into play as a factor in their credibility. Taking all this prior information into account when addressing the dilemma of the police officer with a good record who used the department computers to look at pornography using his login information, and then lied about it only to confess when the internal investigation proved
Every law enforcement officer within the state of New Jersey is expected to observe state laws regarding use of force policy and procedures. Law enforcement officers have a responsibility to maintain law. During the execution of this duty, there may be occasions where use of force is a necessary means in order to successfully gain compliance and ensure safety. It is essential that force is only applied to the necessary degree and that all other alternatives are exhausted before an officer exercises his or her authority to use force. The New Jersey policy on use of force makes a clear distinction between use of force and use of deadly force (“Use of Force,” 2000).
The case Graham v. Florida (No. 08-7412), which consists of the seventeen years old teenager Terrance Graham as the appellant and the Florida Supreme Court as the appellee, was decided under the Eighth Amendment by Justice Anthony M. Kennedy in the U.S. Supreme Court on May 17th, 2010.
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
The first legal issue is that deadly force was not necessary because there was a less lethal way of handling the situation meaning an officer would have to consider other options before he chooses to use deadly force. The second legal issue is that the officer’s actions made it necessary to use deadly force meaning the officer would have to know what the suspect is going to do and prevent the suspect from making the officer use deadly force. The starting point to these legal issues is Graham v. Connor a Supreme Court case in 1989.
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
When it comes to the criminal justice system, legal rulings only provide a systematic method of dealing with the problem of crime and, especially, the problem surrounding the police use of force. In Graham vs. Conner, for example, the courts established the four-factor test to evaluate police use of excessive force but left other, underlying social and moral dilemmas untouched. Furthermore, the influence money has in negotiating punishment via lawyers and bail, have made the courts a perfect playing field for the political and social elite to rule. Both have contributed to the inability for the legal dealings of coercive force to address some of the moral and social implications the use of force contains. To understand and tackle these other issues inherent in the use of coercive force, we must examine the police institution itself. The eroding and almost nonexistent social relationship between the police and the community contributes most to the problem surrounding the police use of force. In order for a better relationship to develop, the public perception of the police as a legitimate source of authority needs to be established. The loss of police legitimacy makes the increasing use of force inevitable since citizens are less willing to voluntary comply. Considering the amount of power and discretion they have, the first step to establishing legitimacy is turning to the officer selection process. When it comes to almost anything, even education, selection is more competitive as the expectations of that job increases. The qualifications and standards for entering a community college vastly differ than those required for a prestigious university. Since the police are entrusted with a great amount of power and a tremendous job tha...
Just it isn’t a fake scene this is real life. There are six levels of force an officer can use and may have to use doing there time as an officer. The lowest level of force is presence of an officer at the scene and the officer’s body stance. This level of force is used typically whenever an officer first appears to a scene or a call. The second level of force is verbal control or commands. The verbal use of force is when an officer demands you to do something. The third level is physical control. This level involves escort holds, pain or pressure compliance. This force is brought in when a suspect tries to resist arrest or verbal commands. The fourth level is really close to the third, this is serious physical control. This really is when you use carotid control and electronic devices. The carotid control is a kind of choke hold which makes the person want to comply. The fifth level is impact and weapons. This is when you first so your willingness to use your baton by touching it or holding it out. Then possibly cause the suspect to feint so he or she can’t resist again. The last resort is deadly force. Most officer try their hardest to not have to get to this level or even be in a position to which this force is used. But deadly force is drawing your gun, pointing your gun, and, or finally firing your gun. (Police