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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 …show more content…
Whitley, Kyles was tried for murder, convicted and sentenced to death. However, upon review of his case, it was discovered that the prosecution had failed to give evidence about a witness, a man named “Beanie”, and several other pieces of material evidence. Since these were not given to the defense and the evidence was significant, he was given a new trial (United states v., 1976). What separates this case from the others is the fact that the evidence suppressed was witness testimony and the witness’ background and prior statements. The testimony of “Beanie” in this case was important, as it had “significant inconsistencies and affirmatively self-incriminating assertions (Kyles v. whitley, 1995)”. Because this information and prior testimony relevant to the case weren’t released, the conviction was overturned. This is relevant to the dilemma because one of the areas that had importance to the defense was that the witness wasn’t consistent in their testimony and that led to issues with their effectiveness as a witness. Referring back to the dilemma and the officer’s conduct, the officer wasn’t consistent in their testimony, namely that they denied wrongdoing and later confessed. This shows that the officer is an inconsistent witness and that if this is discovered, and the prosecution must disclose that information, he can be impeached as a witness. This will mean that he is not as effective in the criminal justice …show more content…
The bell suggests that the action should have set off “warning bells”, or given a warning that it may not be the best course of action. This student can’t clearly say whether the action may have rung a bell that it was wrong, but it was clear from his actions that he knew the action was wrong as he tried to cover it up. The book suggests that if the action is against any written procedures, it is wrong to take it. This action was clearly against the rules, as it prompted an investigation into the incident and the officer would have known that over the course of fifteen years of service. And the candle asks what are the ramifications of the action if found out and whether the action is correct based on that information. As the action was against the rules and that if he was found doing it, there would be disciplinary measures taken, that should have also told him that this was the wrong course of action. Looking at the whole incident in the whole of the ethical system, we see that the action was wrong to take from the beginning. Taking the action had no future benefit and would have resulted in discipline if found out. Thus, we can reach the conclusion that the action that he took wasn’t ethical. And looking at it form a Biblical standpoint, the officer was wrong from the beginning. Looking at pornography is
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
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
In the Lexington, Kentucky a drug operation occurred at an apartment complex. Police officers of Lexington, Kentucky followed a suspected drug dealer into an apartment complex. The officers smelled marijuana outside the door of one of the apartments, as they knocked loudly the officers announced their presence. There were noises coming from the inside of the apartment; the officers believed that the noises were as the sound of destroying evidence. The officers stated that they were about to enter the apartment and kicked the apartment door in in order to save the save any evidence from being destroyed. Once the officer enters the apartment; there the respondent and others were found. The officers took the respondent and the other individuals that were in the apartment into custody. The King and the
What the author Elliot Spector concluded on the topic of Should Police Officers Who Lie Be Terminated as a Matter of Public Policy, is that there should be policies that are constantly reminded to the police officers. Ensure that the departments have the Honest Policy in place between the officers and the department. Mr. Spector, indicates that this topic will continued to be discussed because the departments need to interact with the Honesty Policy and Code of Conduct. The department needs to ensure that all the officers have a perfect understanding of the repercussions that can occur for the department and themselves when an officer has a record of lying. The most important aspect that Mr. Elliot makes
Debated as one of the most misrepresented cases in American legal history, Dr. Jeffrey MacDonald still fights for innocence. Contrary to infallible evidence, prosecution intentionally withheld crucial information aiding MacDonald’s alibi. Such ratification included proof of an outside attack that would have played a major role in Jeffrey’s case.
Does the first amendment overrule the Texas law that forbids the desecration of a venerated object under these circumstances?
Two of the most significant inmates rights cases in the past century are Sandin v. Conner and Whitley v. Albers.
Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route. These men had both received permission to operate their steamboats from two different places. Gibbons received permission from the Federal Government, while Ogden had received his from a state government. When the case reached the Supreme Court,
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
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.
Even those who should have a clear sense of the an interrogation, fail to see the coercion brought upon the suspect that might lead to a false confession, and once a confession has been made, false or true, detectives or police terminates their investigation that could have found potential evidence to exonerate them. Once a confession is obtained, police tend to ‘‘close’’ cases as solved and refuse to investigate other sources of evidence (Leo and Liu) which is why such a high number of innocent people still remain behind bars. Across samples, police-induced false confessions were evident in between 15 and 25% in cases, making it one of the likely leading causes of wrongful conviction (Leo and Liu), but still juries disregard this evidence! Unfortunately, more cases like Rivers are out there. According to the Washington Post, the National Registry ha logged 1,733 exonerating cases of false confession. In one case, a man by the name of Ricky Jackson spent four decades for a crime he did not commit, only to be exonerated by DNA evidence after 40 years. To emphasize, few states, if any at all, courts provides information to the jury regarding how to assess voluntariness, nor do
Gregory Lee Johnson was among the people who were participating in the political demonstration to protest the policies of the President Ronald Reagan administration. During the march, Johnson burned an American flag; neither he nor others were hurt during the protest and burning of the flag. After Johnson publicly burnt the American flag, he was arrested and convicted of desecrating a flag in violation of Texas law. The court of Criminal Appeals overturned his conviction after the Supreme Court found that Texas law was unconstitutional.
Judge Kaufman made a big point when Ethel used her Fifth Amendment right and declined to answer questions on the basis that she might incriminate herself. The judge said, "it is something that the jury may weigh and consider on the questioning of the truthfulness of the witness and on credibility." Not only that, but the judge allegedly would lead prosecuting witnesses to say things against defense. Defense lawyer Alexander Block tried to get a mistrial based on the judge's behavior, but was denied. Judge's bias continued throughout the trial and was expressed most clearly in his sentencing speech. The issue of punishment in this case is presented in a unique framework of history.
When it comes to the vague ethics rules and finding effective ways to create a set of clearer ethical standards, legalistic approaches should be taken. Legalistic approaches began in the early 1900’s with the first set of ethics rules, the 1908 Canons. The 1908 Canons stated the primary duty of a prosecutor is to seek justice. The 1908 Canons method failed due to the lack of clarity concerning in depth what the prosecutor’s ethical obligations were. Another remarkable approach was the 1969 Model Rules, which made operational progress in defining the ethical duties of a prosecutor which established a set of rules, but yet and still failed to address the ethical obligation of seeking justice (American Bar Association, 1983). If these legalistic approaches continue to advance and make suitable amount of progress, less failure will occur and eventually the goal of seeking justice will be reached. An effective method to alleviate the vast discretionary authority with little to no transparency would be to use a prosecutor’s handbook (Joy 2006). Both the American Bar Association Prosecution Function Standards and National District Attorneys Association make recommendation of using a prosecutor’s handbook. These written standards bring more awareness to prosecutors allowing them to know the limits of their authority and provides guidance on how to properly exercise discretion. At the last point, inadequate remedies which create incentive to prosecutorial misconduct rather than deter it can be solved by reformation (Caldwell, 2013). Within trial courts, when a prosecutor has fraudulently obtained evidence, the trial court does have to option to exclude the evidence in which has been affected by misconduct. This approach typically does not result in anything further than a verbal reprimand. There are no types of
Known factors leading to wrongful conviction: Five mistaken eyewitnesses, junk science, withholding of exculpatory evidence by prosecution