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Police misconduct and its impact
Police misconduct and its impact
Police misconduct and its impact
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CASE OUTLINE Parties: Evans v. Chalmers Citation of Case: 2012 U.S. App. LEXIS 25660 (4th Cir. 2012) Statement of Facts: On March 13, 2006, members of the Duke Lacrosse team attended a party at the home of the team’s co-captains: Evans, Flannery, and Zash. One of the hosts invited two exotic dancers, Mangum and Pittman. The dancers arrived and briefly performed from about midnight until 12:04 AM. Approximately 40 minutes later, both women left together in Pitman’s car. After leaving the party Mangum got into a dispute with Pitman. Pittman pulled har car over into a parking lot and got assistance from a security guard with removing Mangum from the car. The guard relized Mangum was intoxicated and called the Durham Police. Police …show more content…
Upon concussion of the review Nifong made the statement, “You know, we’re fucked.” Statements issued relayed that the sexual assault case had strong evidence and the suspects would be caught. DNA results from the SBI Lab returned with the results of the analysis and comparison of the victim and suspect kits. No DNA was matches were found. A court order was issued for examination by a private lab. These results concluded that no member of the Lacrosse team matched any found in the victim kit. Nifong did not immediately turn over the results to the defense and conspired with the private lab to obscure the results. Issues Presented: 1. Do the Police Officers have qualified immunity? 2. Are the City of Durham and the District Attorney’s Office liable or entitled to qualified immunity? 3. Did the City of Durham and the District Attorney’s Office conspire to present false evidence to prosecute the players? Discussion: The court upheld that qualified immunity is enjoyed by government officials when thei conduct does not violate a “clearly established” constitutional right. Mitchell v. Forsyth, 472 U.S. 511
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
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
A conspiracy is generally defined as an agreement made between two or more people to commit an unlawful act intentionally. In Cory Goodine’s case, he had absolutely no idea what he would witness when he agreed to go for a drive with Todd Johnston, therefore during the court proceedings following the murder, Goodine was able to demonstrate that he was oblivious to what Johnston had planned. This is evident when he explains that “Shortly before 2.00 pm that day, Mr. Johnston telephoned Mr. Goodine at his home in Perth-Andover and asked Mr. Goodine to accompany him as Mr. Johnston was going to "dump" Mr. Boyd.” Cory Goodine didn’t pay much attention to Johnston’s word choice and didn’t question what he meant by “dump”, in fact “Mr. Goodine 's explanation for initially accompanying Mr. Johnston was that he thought at most there might be a fight between Mr. Boyd and Mr. Johnston, but he did not understand the word "dump" to mean Mr. Boyd would be killed.” These extractions from a summary of the case from the Court of Appeal in New Brunswick are essential to proving Cory Goodine’s innocence because they show that he was merely caught up in a mess created by none other than his former friend Todd Johnston. Granted, he could have read more into Johnston’s word choice on the earlier telephone call, but most people wouldn’t have thought anything of something like that coming from their friend. Cory
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
What (if any) action do you recommend that the city take in this matter? What (if any) procedural changes should be established to prevent such charges in the future?
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
“I agree with Ms. Krejci that the entire file should have been disclosed with the publics record request, but that does not make it discoverable.” Feeney said. “I understand her frustration that she wasn 't given the same information that another defense attorney was. When I discovered what had happened, which was in august, I immediately requested the entire file from the Phoenix Police Department so that I could disclose it to the defense council. I didn’t do that because I believed that the information was discoverable or relevant. I did it as a professional courtesy. So that we were on the same field, and so that she felt that she had everything tha...
Microbiologist, John Gerdes, testified that he found sloppiness so serious at the LAPD lab that it could have allowed foreign DNA to be introduced into evidence samples. He showed pictures of the lab where test tubes were touching each other which could cause the contamination. Gerdes also...
Mr. Jackson is frequently grateful for these women. At other times, he calls them “a mob of bloodthirsty jersey chasers” or “approachable vampires.” A bit of imagined dialogue goes this way. Her: “But you’re on the practice squad!” Him: “But you’re a slut!” You will learn more in this book about N.F.L. player’s hotel-room masturbation practices than you will soon be able to forget.
Sample from the steering wheel showed a mix DNA sample and Dr Whitaker was unable to exclude the Peter Falconio, Ms Lees or the accused as being one of the main contributors. However, a mix profile found on the gear stick knob would be best explained if there were two sources of DNA. In his assessment of DNA bands, only small amount came from the deceased and the rest were all represented in the profile of the accused. Objection was raised from the defence concerning the evidence from the steering wheels and gear stick knob were contaminated by Dr Whitaker while he was carrying out his testing and was not available for them to conduct an independent test on behalf of the accused. Nevertheless, objection was declined because Dr Whitaker pointed out his methodology didn’t alter or destroy the DNA in anyway. Another issue was brought up regards to the validity and reliability of “Low Copy Number” technique. Senior counsel who appealed for the accused, Dr Katrin Both referred to the above technique as “very dangerous” and “pushing science to its limit” and identified several different areas which concerned her. Plus the fact
In the Norfolk four case intrinsic evidence such as DNA testing, polygraph results being withheld, along with Joe’s suggestibility,
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Not every public employee fell into the category of “public officials” and was susceptible to liability for misconduct in public office. To determine whether or not the person was a “public officer”, the court had to examine the authority power had been entrusted to the defendant in his official position that would affect public benefit.
In order to decrease the occurrence of sexual assault, first we must increase the use of Sexual Assault Kits, otherwise known as SAKs, in the criminal justice system. Even though most instances of sexual assault committed on college campuses are reported to campus police or school disciplinary boards, some cases make their way to the criminal justice system. Although SAKs can do a lot for sexual assault cases, many remain backlogged or do not make it through the investigation process. Backlogged evidence is generally considered evidence submitted to a crime laboratory for testing that remains unexamined for over thirty days. Among sexual assault crimes, the existence of forensic evidence that was tested by a laboratory was associated with an increased chance of arrest and of charges being filed but was not associated with case referral or conviction outcomes (Falik and Wells,
Most of the time, individuals look for a way to force the government to compensate them for the losses and injuries suffered by an administrative action. However, individuals are not able to sue the government for a damage caused by a wrong administrative action because a doctrine enables it. Government possess the doctrine of sovereign immunity which is the principle that the government may not be sued without its consent. (Starling, 2009). Therefore, government is protected for civil suits if somebody is affected due to an administrative action. As Justice Holmes explained, sovereign immunity is an important doctrine because there can be no legal right as against the authority that makes the law on which the right depends (Starling, 2009). However, there are especial occasion when the government is able to be sued. The Federal Tort and Claims Act (FTCA) allows the government to be sued by rendering the government liable in tort for any negligent or wrongful act in the same manner as a private individual under like circumstances (Starling, 2009). On the other hand, official immunity refers to the doctrine that prohibits individuals to file suits to federal employees for an act performed within the “outer perimeter” of his or her line of duty (Starling, 2009). This doctrine was develop with the purpose to make public officials feel free to make the best decision when it come to the public interest and not feel fear of being sued if in case an individual suffers an injury or a loss during the process. However, government officials do not have absolute immunity from liability for damage. They can be sued for actions that violate statutory limits on their authority or that violate constitutional limits of their authority (Starling,