Despite Katherine’s belief that her detainment was unconstitutional, her detainment was not a violation of her constitutional rights. She had in fact received her due process by law when her sister Kasey (posing as Katherine) was released on bail for the narcotic’s charge in Trimble County. The main issue of due process is the right of notice of the charge levied against a person (Bohm & Haley, 2018). When Kasey posing as Katherine signed paperwork at the police station and posted bail for the charges levied against her, she received due process. Further, when the officer detained Katherine he was doing so with a facially valid arrest warrant.…
Introduction: Everyone has different views on how the criminal justice system should be ran. Some think that these ‘criminals’ shouldn’t get the same rights as normal citizens since they committed a crime, but they are humans too and deserve to partake in the same rights as the rest of society. The criminal justice system is definitely broken, so it is important to examine the parts that aren’t being operated appropriately and try to fix it for the best possible outcomes in the future. The court case I picked is probably one of the most well known cases dealing with the criminal justice system, and a very important outcome has resulted from this case, a practice that is now mandatory for all arrest scenarios. In this piece, the Miranda v.…
These questions, often demanded by the public, challenge the lawfulness of a common criminal justice practice. Richard Leo, a law professor, proceeds to analyze a few of these questions in, “Inside the Interrogation Room” by creating a study that investigates the practices within the interrogation room. The term “Miranda Rights” stems from a famous case that occurred during the 1960s in which a man named Ernesto Miranda was accused of the rape and kidnapping of an eighteen year old woman. After an…
False Imprisonment can be defined as an action of any person that causes unlawful confinement of some other person. To constitute the tort of false imprisonment, certain factors such as apparent cause for imprisonment, information of the plaintiff for the tort, intention of the defendant during the time of causing imprisonment and time of confinement matters. False Imprisonment can be defined as an action of any person that causes unlawful confinement of some other person. To constitute the tort of false imprisonment, certain factors such as apparent cause for imprisonment, information of the plaintiff for the tort, intention of the defendant during the time of causing imprisonment and time of confinement matters.…
This means even those who are considered a suspect in a crime cannot be detained in a jail until they are convicted. These rights are guaranteed in the Fourth and Fifth Amendment of the United States of America. The…
Jacobs wanted to take her daughter Louisa across seas to England as she got invited there. Harriet Beecher and Mrs. Willis did not want Louisa to go with Jacobs as it would have been too much for Jacobs to take care of. Since Louisa was still a slave girl Beecher and Mrs. Willis thought, “it would subject her to much petting and patronizing, which would be more pleasing to a young girl than useful” (Yellin, 483). After this episode, instead of having Beecher write her book, Jacobs decided to write it herself.…
The Miranda warning that arose from the U.S. Supreme Court's Miranda v. Arizona decision assures that officers assure that those arrested are aware of their rights that protect against self-incrimination prior to any questioning. The ruling in Miranda does fulfill the legal tradition of the promise against self-incrimination and protects against the pressures of authority. The Miranda rights fulfills the legal tradition of the promise against self-incrimination because they protect against wrongful punishment and torture employed by authorities. Authorities can abuse their power in order to gain info or prove their suspicions correct.…
The United States of America justice system operates under the assurance of innocent until proven guilty, granting everyone the right to a fair trial and due process of law. The right to a fair trial is one of the many rights under the power of the constitution that protect and secure justice, freedom, and equality. All American citizens are guaranteed these rights under the constitution, whether they are consciously aware of it or not, as was supported under the supreme court case Miranda v. Arizona, which resulted in the creation of Miranda rights. Miranda rights are imperative in order for due process of law to be upheld, thus ensuring and accentuating liberty. Miranda v. Arizona (1966) was the supreme court case that redefined interactions…
A well-educated clerk by the name of Joseph Goldberg from a town in the Ukraine decided to seek refuge from an anti-Semitic homeland. Seeking a life in the New World Joseph embarked on a journey through Alaska, and California, finally landing in Texas in 1890. Later, continuing his journey, Joseph finally arrived in Chicago where his youngest child of eleven was born with the name of Arthur Joseph Goldberg. Arthur was only eight years old when his father passed away. Destined to graduate, Arthur worked multiple different low-paying jobs while attending High School.…
Is the Eighth Amendment Protection Violated If Prisoners Are Deprived of Basic Sustenance, Including Adequate Medical Care? Michael Gibbons, October 20, 2015, Issue 7 Facts: The Eighth Amendment of the United States protects all people from cruel and unusual punishment. The State of California has been violating the Eighth Amendment for not providing safe, sanitary, or livable conditions for inmates in the California penal system.…
Research has shown that violations contribute to high incarceration rates. Restricting the use of prison violations will allow a non-violent offender to be given a second chance. Missing a drug test, missing a meeting with their parole officer, moving without informing the parole officer would be forgiven. In addition, neglecting to pay fines or missing work would be forgiven. Restricting less technical violations could prevent high incarceration rates and decrease the number of people incarcerated for technical violations.…
(Neubauer & Fradella, 2015) The four amendments of the Bill of Right that deal with criminal procedure protect citizens. The Fourth Amendment states that the law enforcement cannot arrest a citizen or search his or her property unless there is probable cause. The Fifth Amendment…
As we look at all the issues surrounding Internment in 2017, There is the problem of preservation of American peace and security. And of ethical and moral locking or in-prison, a person based on race is the sorrowful issue we deal with on conscious level. But the next step of deeper thinking is that the political people will keep us focused on the issue of unconstitutionality and our fear of bombs in our city while they create laws and bar free enterprise form that minority group. In California, in 1941 and 1942 many laws were passed just to keep white farmers in power in the agriculture industry, and the retail and manufacturers plants that were Japanese owned.…
INTERIM BAIL: Bail is not merely a procedural right but is also a substantive involving liberty of the person. Therefore, it is expected of the courts to dispose of bail petitions without any loss of time when entire material is placed by the prosecution before the court. Time schedule for concluding bail proceeding cannot be fixed. In maintenance and other matters, interim relief has been granted. Interim bail during pendency of bail application:…
In Italy the law requires police officers to arrest and incarcerate a person that is caught committing a crime or immediately after the crime has been committed. Depending on the crime some of the sentences may include 5 to 20 years in prison or life imprisonment. Police officers can also arrest those who have committed a crime against the state, ransacking, crimes against public safety, slavery, aggravated theft, robbery, extortion, illegal manufacturing, smuggling, selling, possessing, or carrying an illegal weapon in public (Crime and Society). If the police catch someone in the act they have a facultative power to arrest and incarcerate a suspect. Facultative arrest powers are also in force involving other crimes such as embezzlement of…