Case Citation:
Nix v.Williams, 467 U.S 431(1984)
Parties:
Nix ,appellants and Williams, respondent/appellate
Facts:
Pamela powers ,a ten year old girl disappeared .Williams was then seen near a YMCA building carrying a bundle wrapped in a blanket. There was 200 volunteers who conducted a landscape search. Williams then surrendered to local police and finally was arrested.
Issues :
Whether , the Detective Leaming had done anything wrong in interrogating Williams .
Holdings:
No , according to justice White “he was no doubt acting as many competent police officers would have acted under similar circumstances and in light of then existing law” (Stevens,pg16)while Justice Stevens argued that if Williams was not interrogated then
the corpus of the girl could also be found. Reasoning: Inevitable discovery rule : “Evidence of where the body was found and of its condtion might well be admissible on the theory that the body would have been discovered in any event even had incriminating statements not been elicited from Williams” (Williams,pg 16). Decision: Williams was found guilty on first trial, the Supreme Court of Lowa affirmed and the Court of Appeals reversed and the case was remanded for further proceedings. Comments: In Murphy v. Waterfront Comm'n of New York Harbor, 378 U. S. 52, 378 U. S. 79 (1964), the Court held that "a state witness may not be compelled to give testimony which may be incriminating under federal law unless the compelled testimony and its fruits cannot be used in any manner by federal officials in connection with a criminal prosecution against him." (Harbor, pg 14)
The case of Tennessee vs Reeves talks about two youngsters named Tracie Reeves and Molly Coffman who were students at the West Carrol Middle School who were planning to kill their teacher, Janice Geiger (Hall 2014; Schmalleger, 2014). They had planned to poison the teacher with rat poison by putting it in the teacher’s drink (Hall 2014; Schmalleger, 2014). There were other students who had found out, and the plot had been reported to the teacher and principal of the school (Hall 2014; Schmalleger, 2014). The students were convicted of attempt to commit secondary degree murder based on the fact that the poison was brought to the school and if it wasn’t because the plot to killed Miss. Geiger was interrupted the crime would have taken place.
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.
...uspicion, then will you be able to be one your way. In my opinion, the officers were justified in their actions. Even though Mr. Wardlow was in a high drug trafficking area, that alone was is not enough to presume that Mr. Wardlow was guilty of something. It was only when Mr. Wardlow proceeded to flee from police officers did they find him guilty of something.
However, if the officer is in immediate threat, he has the right to use deadly force to protect themselves from being the victim. “The Court held that the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and that the Tennessee statute was unconstitutional in so far as it authorized the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances” (Gross,2016). Nonetheless, it also depends on the seriousness of the crime as to how excessive the force may be to control the civilian actively resisting apprehension. Conversely, “what Graham did was to set the tone for how officers should be trained to react in a given situation” (Doerner,2016). Therefore, there are variables set in place to control and monitor the law enforcement standards and training aspects
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
In Tim Seibles' poem, The Case, he reviews the problematic situations of how white people are naturally born with an unfair privilege. Throughout the poem, he goes into detail about how colored people become uncomfortable when they realize that their skin color is different. Not only does it affect them in an everyday aspect, but also in emotional ways as well. He starts off with stating how white people are beautiful and continues on with how people enjoy their presence. Then he transitions into how people of color actually feel when they encounter a white person. After, he ends with the accusation of the white people in today's world that are still racist and hateful towards people of color.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
On September 24, 2016, “Charlotte Shooting; police release video and photo evidence,” an article developed by Nick Valencia, a writer for CNN, describes the events leading to the death of Keith Scott. According to the Charlotte Police department, officers were going to an apartment complex for an unrelated incident when officers notice Keith Scott in his car with a firearm visibly in his hand. Officers instructed Keith to drop the firearm. Instead of letting go of the firearm, Keith decided to exit the vehicle when he was told not to. This lead to officers firing upon 43 year old Keith Scott, as they felt he was a danger to everyone who was in the surrounding area.
who have been arrested and are awaiting trial or who have been sentenced to serve time in jail or prison. The correctional officer’s main focus is to keep the inmate safe and secure, meaning to keeping the inmate safe from hurting themselves and others and also from being injured from other predatory inmates. They have to be consistent in their discipline, if they aren’t they will find themselves really struggling with trying to survive in a day of work. Every day that they walk into work they have to have a positive state of mind and be consistent
Dale Morris was salesmen by trade and culinary hobbyist by night. Morris experimented with traditional home cooking and more exotic gourmet cooking; he was health conscience and read a lot about the health hazards of the American diet. Through his hobby he acquired an appreciation for herbs and spices. Morris created a low-salt seasoning mix, based on a nutritive yeast extract, which could be used to replace salt in most cases. Morris debuted his seasoning salt mix at Thanksgiving dinner in 1993, and it was a hit! From there while continuing and excelling at his day job, he perfected his seasoning salt mix over the next couple years. Morris test marketed his product through a church group while searching for ways to expand and commercialize
The “reasonable man/police officer” test is an important tool used in the U.S Supreme Court system.
Over the years the way law enforcement officers have been able to investigate cases has been drastically changed over the years. Investigations used to be a very prying, and vindictive matter. Now it is very delicate. Since the Miranda case, law enforcement has been very open and aware of defendants’ rights.
Connor, the Supreme Court held that the test used for whether force was excessive should be “objective reasonableness” and not based on how much pain an officer inflicted upon a suspect. They remanded the case to a lower court based on their described standard. Under this standard (or test), officers have the right to used “reasonable” force in any interaction with the public. They are not obligated to use the least possible force as long as the force is objectively reasonable. The test indicates that the use of force should be from the perspective of the officer on the scene at the time and not in
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
When a suspect in custody has chosen to waive their rights and provide police with information that is pertinent to reasons involving their arrest, interrogation is lawful- unless coerced by way of verbal threats, physical abuse, promises of stipulation upon a confession (procedural due process), or there is violation of substantive due process. If an officer is lawfully present and overhears or records a conversation or commentary, whether the suspect has been Mirandized or not, the overheard information is entirely admissible in court since there was no questioning or “interrogation” conducted in order to obtain that information. In the case of AZ v. Mauro, and many other cases, the issues regarding interrogation also relate to particular police conduct that is considered to be a type of “equivalent interrogation”, regardless if the officer’s behavior was in fact