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Criminal Justice System U S Supreme Court
1,892 words... variety of enforcement situations confronted by the criminal justice system. 3. The officer who arrives first at the scene makes the determination of probable cause or reasonableness, then litigation at a trial court level and then by appellate review if necessary. 4. Legislative procedural laws have been limited to police activities and trial court stages of the criminal justice process up to sentencing. Some legislatures are interested in all procedural matters, including the processing of...
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Moral Reasoning Police Officer
1,061 wordsThe three stories I chose to write my paper on; are from pages 110 through 138 in Maynard-Moody and Mushenos Cops, Teachers, Counselors book. They focus on the street level workers using their discretion to make decisions in their jobs. The stories are titled, Im Disabled but want to be an EMT, Cut the Power, and Ignoring Orders. In this paper I will argue that street level workers use their discretion in ways that is not consistent with established rules while identifying different constraints ...
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Police Officer Street Level
1,048 words... ury as a welder. The second constraint on the counselor was the fact that an EMT has to be in excellent health to be able to pick up and carry large people from stressful situations which could further hurt the client. Another constraint on the counselor is the fact that the client was worked up and excited about possibly getting the chance to become an EMT. The constraints work on the counselor in this situation by making the counselor use good judgment in the situation. If the counselor ag...
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Criminal Justice System Police Discretion
958 wordsPhilosopher, Ronald Dworkin and H. L. A. Hart refers to discretion as "the hole in the doughnut" (doughnut theory of discretion). In this standpoint, discretion is the vacant area in the middle of a ring consisting of policies and procedures. To be able to make choices freely is called a strong sense of discretion. Discretion lies within the hole of the doughnut. Individualized judgments are often made by police officials, everyday. However, the loose definition often seems to be a bit of a chal...
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U S Supreme Court Cruel And Unusual
1,840 wordsRethinking Death Penalty The abandonment of executions in America has not been adequately explained from a historical standpoint. A number of factors operating within the judicial system appear to have played a part. These include increasing receptivity of federal courts to appeals in capital cases, growing concern among lawyers for the rights of criminal offenders, mounting reluctance of juries to hand down the death sentence and of governors and state penal authorities to schedule and carry ou...
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Criminal Justice System Based On Race
1,739 wordsRace and its relation to crime is a very inflammatory issue in American politics today. In David Coles Book, No Equal Justice and Randall Kennedys book, Race, Crime, and Law the two authors try to respectively outline the problems of race as it relates to crime and offer some remedies to the problem. David Cole wrote, our criminal justice system affirmatively depends on inequality. Cole has substantial grounds for making this statement. Race and class have long been issues in the criminal justic...
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William Stuntz The Pathological Politics Of Criminal Law
1,753 wordsWilliam Stuntz "The Pathological Politics of Criminal Law." INTRODUCTION While many factors that make positive sentencing reform rather problematic remain, different factors have come together at the beginning of the new century which made such reform more possible than it has been for a many years. On the other hand, as these critical factors are not likely to remain in adjustment for a long period of time, they challenge progressive reformers to work and react with dispatch. One of the prevale...
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Criminal Justice System Rule Of Law
2,217 wordsBenefits and Problems Associated with Police Use of Discretion Contemporary worlds police officers have quite enough discretionary powers and many times those powers are being questioned as to compliance with the rule of law. Walker once talking about police discretion stated: that discretion was discovered only in 1956 and that once discovered there were cries for its abolition (Kleinig, 1997: 81). In his statement he mostly talks about how to comply discretion's with the rule of law. From one ...
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Supremacy Clause Fair Trial
2,339 wordsMEMORANDUM OF LAW TO: Professor [] FROM: [your name] DATE: September 25, 2006 RE: Sally Stratmore Appellation INTRODUCTION The current lawsuit was brought by the State of Texas against the appellant Sally Stratmore, in connection with carrying 29 grams of cocaine and other violations. Appellant Sally Stratmore, timely appeals her convictions in driving a red light with broken taillights, in attempt to escape, and, finally, in conviction for carrying 29 grams of cocaine. Appellant was convicted i...
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Death Penalty Statutes Eighth Amendment
4,928 wordsThe use of victim impact evidence, usually in the form of a victim impact statement (VIS), in death penalty litigation is relatively recent. This type of evidence falls into three categories: information pertaining to the characteristics of the victim, information about the repercussions of murder on family and friends, and opinions of the victims family members concerning the crime, the defendant, and the proper sentence. 1 The Supreme Court first considered the issue in a 1987 case, Booth v. M...
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Death Penalty Statutes Racial Minorities
2,210 wordsDiscrimination and the Death Penalty By Katie Matthews Twenty years have past since this court declared that the death penalty must be imposed fairly, and with reasonable consistency, or not at all, and, despite the effort of the states and courts to devise legal formulas and procedural rules to meet this daunting challenge, the death penalty remains fraught with arbitrariness, discrimination, caprice and mistake. Justice Harry Blackmun, Feb. 22, 1994. Capital punishment is one of the most debat...
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Equal Protection Clause Los Angeles Police
4,653 wordsI. INTRODUCTION Let me make this very clear. The Maryland State police has not, does not, nor will it ever condone the use of race-based profiling in determining which cars to stop on the highway. 1 Chief State Trooper Colonel David Mitchell issued this statement in response to a lawsuit filed against the Maryland State Troopers. The suit was filed on behalf of African-American motorists who alleged that these officers had engaged in a practice of targeting black motorists for traffic stops alon...
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Death Penalty Statutes Death Penalty States
7,143 wordsQuest For Abolition Critical Issues In Policing Michael O Brien INTRODUCTION In 1972, the Supreme Court declared that under the existing laws the imposition and carrying out of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. (Furman v. Georgia, 408 U. S. 238) The majority of the Court concentrated it s objections on the way death penalty laws had been applied, finding the result so harsh, freakish, and arbitrary as to be constituti...
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Driving While Black Criminal Justice System
3,718 wordsThe interviews excerpted here show that racially biased pre textual traffic stops have a strong and immediate impact on the individual African-American drivers involved. These stops are not the minor inconveniences they might seem to those who are not subjected to them. Rather, they are experiences that can wound the soul and cause psychological scar tissue to form. And the statistics show that these experiences are not simply disconnected anecdotes or exaggerated versions of personal experience...
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Value Of Human Life Police Discretion
970 wordsThe Law of Self-defense CONCURRING OPINION: We concur with Justice Whites interpretation of Tennessee State law. However, we propose that more restrictive standards should be used by policemen when dealing with imminently dangerous circumstances. The necessity standard that White proposes for governing the use of lethal force strikes the right balance in regulating violence. He insists that the police act reasonably by evaluating whether the felons interest in life outweighs the states interest ...
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