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Youth criminal justice act
Youth criminal justice act
Youth criminal justice act
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In the landmark case New Jersey v. T.L.O. (1985) a 14 year-old female student, T.L.O., was brought into the principal's office and questioned after another student had reported her smoking in the bathroom. During this time, she was commanded to show the insides of her purse, which contained cigarettes, rolling paper, marijuana, a pipe, a number of empty plastic bags, a large sum of money (single dollar bills), a list of students who owed her money, and two letters that indicated she was possibly involved in drug dealing. This evidence was then used to find her guilty in the juvenile court by the state. T.L.O. then appealed, and the New Jersey Appellate Court affirmed that the evidence was legal and thus admissible. After another appeal, the
The Petitioner filed a motion for a new trial on the basis of newly discovered evidence disputing that the Government was negligent in disclosing a purported promise of leniency made to Robert Taliento, their key witness in exchange for his testimony. At a hearing on this motion, the Assistant United States Attorney, DiPaola, who presented the case to the grand jury admitted that he promised the witness that he would not be prosecuted if he testified before the grand jury and at trial. The Assistant (Golden) who tried the case was unaware of the promise. The defendant seeks to overturn his conviction on the grounds that this non-disclosure was a violation of his Due Process rights under the Fourteenth Amendment.
Winship was convicted on a preponderance of evidence of stealing one-hundred and twelve dollars from a lavatory locker. The sentencing for Winship’s delinquent act was six years in a reformative setting. While the family court judge felt the level of proof needed to prove guilt was a preponderance of evidence, the supreme court felt higher level of proof was crucial. The United S...
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
The students’ parents believed the issue was still unresolved so they hired attorneys to try the case in court. The lawsuit asked for two things; the first was an injunction to stop the school from enforcing the rule prohibiting the black armbands. They had also requested nominal damages which was a small amount of money sought for the violation of the plaintiff’s rights. In this case, nominal damages equaled one dollar (Farish, 33). The first trial took place in July 1966 and was tried by only a judge. There was no jury involved (Farish, 38). Five weeks later the judge returned with his decision; the plaintiff’s request for injunction and nominal damages was denied. The Tinkers were still not satisfied with the outcome and decided to appeal to the next higher court which was the Eighth Circuit. Meanwhile back in Des Moines, Iowa the community reacted angrily to the act of the students while the trial was taking places. Mary Beth Tinker recalls red paint being thrown at the Tinker residence and threatening phone calls (Farish, 41). When the trail in the Eighth Circuit had finally concluded, it had ruled that the Tinkers had lost yet again. The case was then taken to Supreme Court after careful consideration by both sides’
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
One of the most coveted trials in terms of popularity and media attention the O.J Simpson trial which took place between 1994 and concluded on October 2,1995 with O.J Simpson being acquitted of charges laid upon him during the Murder Trial Due to handling of physical evidence and questions over whether Mark Fuhrman planted the bloody glove at the scene to frame O.J. so in an attempt to understand how a deviation from standard operating procedures in the handling of physical evidence can affect the outcome of a criminal trial; One most first understand evidence and how to preserve it. When the crime scene technician took blood samples from Simpson’s Ford Bronco (1996) she used a cotton swab to take samples; but instead of using
The Anthony family’s home computer hard drive had searches of “chloroform inhalation,” and “home weapons” on it. Both sides vigorously addressed the location and condition of Caylee’s decomposed body, as well as the odor that came from Casey’s trunk. Casey’s parents took the stand to testify and her father denied all sexual abuse allegations. For closing arguments, both sides pointed out the gaps in the other’s story. On July 5, 2011, after just one day of deliberating, the jury found Casey Anthony not guilty of the murder of her daughter, Caylee Anthony. She found guilty of four counts of providing false information to the police. After factoring in time served, Casey had 10 days of jail time left.
On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N.J., found two girls smoking in the school lavatory, which was a violation of school code. The teacher took them to the Principles office where they met the Assistant Vice-Principle Theodore Choplick. Under questioning the first girl admitted smoking in the lavatory. The second girl, 14 year old freshman T.L.O., denied that she had smoked in the lavatory. Mr. Choplick then asked to search the girl’s purse. He found a pack of cigarettes. Upon pulling the pack of cigarettes out Mr. Choplick discovered cigarette rolling papers, which is closely associated with marijuana. He proceeded to search the purse to find a small amount of marijuana, a pipe, small empty plastic bags, a substantial amount of money all in one dollar bills, and two letters that implies that she is a dealer. Mr. Choplick notified her mother and the police and told her mother to take her to the police headquarters. A New Jersey juvenile court admitted the evidence, saying that the search of the purse was reasonable under the standard of enforcing school policy and maintaining school discipline. The court found the student, T.L.O., to be a delinquent and sentenced her to a years probation. The appellate Division affirmed the courts decision that there had been no Fourth Amendment violation, T.L.O.
Redding became a starting case against unconstitutional searches of students where a girl had her backpack searched in the assistant principal 's office. After the official searched her bag, the school nurse’s office was her next destination, so the nurse and the administrative assistant could search her clothes and instructed her to shake out the elastic of her bra and underwear (Carpenter 86-87). The tragic part about this case is that it is not the first or final time a similar event has occurred. In the case of Jane Doe, “...or so she was called in this case…”, a student of a high school in Little Rock, Arkansas filed a case against her school (Dowling-Sendor 46). Dowling-Sendor tells of how the school regularly conducted searches of book bags and purses, and police officials would take any contraband found. Then any items found would become evidence for a prosecution (46). When school officials searched Jane’s bag, they recovered a container full of Marijuana, and its purpose was to convict Jane Doe on a drug misdemeanor charge. After being charged with this, Jane appealed to the 8th circuit because the District Court first dismissed her case. The court ruled in her favor in a two to one decision, claiming the search caused a violation of her rights. She had every reason to win because school officials search students at this school on a regular basis, and it is
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
She based it on the First Amendment grounds, saying that she had the right to possess the materials. However, when the case reached the Supreme Court, her First Amendment claim was not addressed and instead threw out her conviction on other grounds, the Supreme Court stated that the evidence against her should have not been used because it was seized with a warrant and it’s in violation of the Fourth Amendment, the exclusionary rule.
Savanna Redding, a 13-year old student was brought into the Assistant Principal Wilson’s office to discuss an important matter (Safford Unified School District #1 et. al. v. Redding., 557 U.S. ___ (2009). Wilson opened a planner sitting on his desk, which contained several knives, lighters, and a cigarette (“Safford”, 2009).. The Redding admitted the planner was hers, but stated that she had let her friend Marisa borrow it a few days before and none of the items were hers (“Safford”, 2009). The planner had been located within reaching distance of Marisa. Wilson has been notified from other school staff, that the Redding and Marisa were part of a group at the school dance, where cigarettes and alcohol were collected from the ladies’ restroom
The respondent appealed the Appellate Division verdict to the New Jersey Supreme Court. The New Jersey Supreme court overturned the Appellate Division decision and ordered the evidence discovered in the respondents pursue to be suppressed because the respondents Fourth Amendment rights had been violated by an unwarranted search and seizure by the Assistant Vice
In Vernonia v. Acton, the issue in question is the school’s ability to drug test student-athletes. In the mid 80’s, the Vernonia School District noticed an uptick in drug use, and more so from athletes. Furthermore, the football and wrestling coach cited several situations that he felt drug-use was causing the athletes to be unsafe. Thus, the school instituted a mandatory drug test for all student athletes prior to the season, and then weekly random drug testing. If a student-athlete failed a test, they would have the choice of joining a rehab program, or serving a suspension. Suspension from school was never an option, nor were the results reported to authorities. Results were reported to the superintendent, athletic director, and other personnel on a need to know basis only (Vernonia v. Acton, 1995).