In the first scenario, the first action that was illegally taken by the officer was approaching the suspect on the front porch. The officer could not legally approach the suspect as the front porch is considered an area of curtilage because this is an area that one feels that they have the right of privacy. The case that supports my decision is United States v. Dunn where police received a tip that Dunn’s barn contained alleged equipment to manufacture drugs. The barn was away from Dunns home which allowed for them to search the barn after not receiving a warrant. This case established four factors that determine curtilage. Those factors are the proximity of the area to the home, whether the area is in an enclosure surrounding the home, the …show more content…
The agent set up a subcontract between Suspect 1, the agent offered a personal loan to Suspect 1 in exchange for a subcontract. Suspect 1 agreed. At a meeting one week later, the agent gave Suspect 1 the cash loan. Suspect 1 was immediately arrested. The action that was illegal in this case was the agent was the one who offered a personal loan to the suspect to induce a person to commit a crime that was not contemplated by the subject. The suspect was entrapped in this situation as he was offered the loan from the agent instead of the suspect offering him the loan. I justified my decision that this was an illegal action based on the subjective test. The actions of a government official with the goal of criminal prosecution to induce a person to commit a crime that was not contemplated by the person. One case that supports my idea is Jacobson v. United. During this case where Jacobson before the Child Protection Act was put into place purchased magazines that included pornographic photos of a minor. Later agencies began investigating Jacobson's interest in child pornography. Over the course of about 2 ½ years, they sent him mailings from 5 fictitious organizations and one non-existent pen pal all promoting sexual liberation and challenging government censorship. After Jacobson was somewhat responsive, a government agency attempted to sting him by selling him child pornography which he purchased, resulting in his arrest and conviction. The court ruled that the government agency did incite Jacobson causing the innocent person to commit a crime. This case is similar to scenario two as the agent in this case was the one who offered a cash loan to the suspect which incited him to commit the
In my opinion, the charges should have been dismissed against the individuals that pleaded guilty through plea bargain. The reason is that the lawsuit was able to illustrate that the prosecutor was racially motivated to incarcerated American Americans, even if they were innocent. Secondly, there was no strong evidence introduced that would uphold a conviction. The tape recordings that they had were alleged to drug transition occurring, however, you could not hear anything but noise in the background. In addition, the credibility of the confidential informant was questioned, because his stories was switching back and forth indicating that it was possibly fabricated. Lastly, the military drug sweep was achieved unlawfully without the use of
Jerry Hargrave, plaintiff, was convicted of the attempted murder of Shirley Mae Gill (the victim), in a trial by the court under Va. Code. 1950 § 18.2-51. The plaintiff and Ms. Gill, his common-law wife, had been drinking in the earlier part of the day in question. Sometime later, they disputed about the plaintiff moving out of the home they shared to begin a relationship with her sister. At which time victim refused to surrender the plaintiff’s property. Following, the plaintiff left the premises, returning shortly after with a rifle in hand standing 10 feet away from victim, and then shooting a bullet into a washing machine that was three feet way from the victim. The plaintiff was sentenced to a term of 4 years in the State penitentiary.
The Christopher Law was created due to the brutal incident that took place June 19th, 1988. As a matter of fact, Christopher Stephenson was an eleven-year-old boy who was kidnapped, molested and murdered by Joseph Fredrick; a man who is known as a pedophile and at the time had been just statutory released from prison. [1] Nevertheless, The Stephenson family fought with much determination to get their son's legislation approved by the government. As stated Mr. Stephenson believed that by creating a National registry for convicted sex offenders it would bring a revolution to Canada, and also bring awareness towards the safety of the community. Furthermore, The Christopher Law was passed and initiated by the federal government on April 23rd, 2001.
The first court that I attend was district court, the judge was Fernando r. macias
1) The Court said that the picketing pertained to a matter of public concern because their signs were stating issues regarding the moral conduct of the U.S. as a whole and the fate of these moral judgements. The Court stated that Phelps and his followers were speaking on matters of public concern on public property and therefore was entitled to the protection under the First Amendment.
V: Hannah Michelle Jones, WF/25 DOB 3-28-1990, PO Box 798 Topeka, Ks 66601, WSU ID J653Q575, S# 509-04-7537, 5'06''/140, Bro/Bro, K02-21-4734
What type of cases you heard and how are District Court cases different from Superior Court cases?
Today (February 4th, 2016), I was placed in Courtroom 4C of the courthouse and instructed to sit-in and observe every case brought forward to the judge today. I have to say, some of the cases I heard about today were not your real average day cases. One thing one of my supervisors; Vinny, told me to look out for was the the college/high school students who got in trouble for underage possession because they stick-out like a sore thumb in the courthouse. He said you can tell which ones they are based on the way they are dressed and how nervous they look when they are sitting and waiting for their case to be heard. Vin was not wrong, once the room was open for people to come in, I saw a group of 5-6 college-age students walk in very well dressed and most of them came in with one or two parents next to them. Throughout the day, some of the cases brought forward to the judge
Prosecutors are government attorneys responsible for prosecuting violators. (Hall, 2014, p. 339) The prosecutor is the community chief of law enforcement such as Attorney General of the United States and administrator of justice. They may or may not be relevant in such judicial evaluation, depending upon all the circumstances. (Prosecutor Function, 2017) The constitutional mission of a prosecutor is to act as legal counsel to law enforcement officers, rending advice on the law and determine the validity of a conviction or prosecutorial discretion. The prosecutor constitutional missions are to search to reform and improve the administration of criminal justice. When deficiencies or unfairness in the significants or procedural law come to the
Let me start off by saying that this case in my opinion, was particularly difficult for me to understand and decipher what I was actually reading. That being said, I think the main issue in this case is whether the parties intended that a construction and repurchase clause should constitute as a covenant. A covenant is a formal written agreement between two parties for the performance of some action, that runs with the land. These actions were to be enforceable by a specific performance, or a future interest. In this case the construction of an office building on a condition subsequent, which is later enforceable only under the Real Property and Procedure Law ("RPAPL") § 1953.
Indent-The American Juvenile Justice System has been develop (developing) for over the past century that has differ from the ordinary adult criminal justice process. The juvenile Justice system was established to help rehabilitate and make sure juvenile offenders get another chance in life. Many juveniles are still held responsible for their actions, but society protected them from informal justice and focused more so on emphasis on care, treat and being rehabilitated. During this paper I will discuss three important cases throughout history that involves juveniles and what case is important in the development of juvenile justice case.
When it comes to a lawsuit which can include civil lawsuits, there is more than one party that is being sued. When a person files for a civil lawsuit the police department, policy makers, and at times the police officer is being sued for any unlawful actions that were against that person or person’s property. This can cause a problem for the department and all parties that are involved with the training of the police officer. As a police officer, you can be sued when in uniform or when you are in civilian clothes depending on the words that the person says. This will be discussed further into the paper. What can be concluded from the lawsuit is, was the police officer properly trained?
Reference sentence: district attorney, DA, and county, prosecuting, state, and commonwealth attorneys. District attorneys provide information on criminal court cases, public safety, legal cases, and law documents.
The due process and crime control models, both created by Stanford University law professor Herbert Packer, represents two opposing method of principles functioning within criminal justice system. Although the models describe the important facets of the politics and practice of criminal justice, both have been criticized since presented by Packer in 1964. Presently both models are acknowledged as imperfect standards to explain the politics and law of criminal justice. The crime control ideal represents traditional principles, whereas the due process belief reflects moderate values; therefore generating conflict evident throughout the years. This paper discusses models, crime control and due process, and how each affects the criminal
On Friday, April, 4, 2014, I observed the Vanderburgh County Superior Court to observe different family law cases. The cases I heard involved contempt of court for failing to pay child support, failure to appear for a court appointed drug test, birth certificate affidavit, request for contest hearing time, and an issue of paternity case. Magistrate Judge Sheila M. Corcoran was presiding over the family court hearings. When entering the courthouse, I was greeted by security and advised to remove any cell phones, and/or, any other items that would trigger a metal detector. After this, I proceeded straight to look for the family courtroom. After roaming around mindlessly for a couple minutes, I decided to ask the courthouse officer monitoring