Florence V. Council Of Singapore Case Study

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

Over time, technology has impacted the police and other law enforcement agencies with new devices for gathering evidence. These new tools have caused constitutional questions to surface. One particular case in Oregon of an individual (DLK) aroused such question. DLK was suspected of growing marijuana inside of his home. Agents used a thermal imager to scan DLK’s residence form the outside. The results indicated heat, just like the kind that is generated by special lights used for growing marijuana indoors. Constructed by the scan, a judge issued a search warrant. A warrant – a legal paper authorizing a search – cannot be issued unless there is

At one point in time the high percentage of men and women who are drug

The United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

Unreasonable searches are to be prohibited in middle schools. Since the reasons for Redding being search was at the request of the principal. Wilson, he was the main person discussed. The nurse and secretary were acting as agents for Wilson in order to perform the search that he was unable to do because he was male. The school’s rules for the suspicions of illicit drugs were modified to adjust to how it should be handled by school officials. The reasonable standard of suspicion and probable cause has an implicit bearing on the reliable knowledge of what is known and discovered. The rules of the school do strictly prohibited the use of nonmedical use, possession, or sale of any drug on the school grounds. The majority feels that the manner in which she was searched was unjust and that it should have been more proof before they proceeded to perform a strip search of the student. The search of the backpack and outer clothes could be expected because of reasonable suspicion of concealing drugs, but the strip search was unnecessary because her clothes did not have pockets and they did not have the right or enough proof to proceed with the strip search in the manner that they did. The Court has adopted a different standard for searches involving an intrusion into the human

Factual History: In Los Angeles, California during the month of October and year of 2009, Abel Lopez was attacked and robbed by a man with a knife, he later identified as Walter Fernandez. During the confrontation between Lopez and Fernandez, Fernandez informed Lopez the territory in which Lopez was ruled by the “Drifters” After Lopez placed a call to 911, a few minutes after the attack, police and paramedics arrived on the scene. Two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to a nearby alley that was often contained members of the Drifters gang. Here in the ally, a witnesses told them that the suspect was in an apartment in a house located off the

The Court ruled in favor of the appellant, and the decision is described as follows:

They stated that search measures used by school officials to "root out" contraband must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction."

Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012).

The upshot was reversal of summary judgment as to Wilson, while affirming the judgments in favor of Schwallier, the school nurse, and Romero, the administrative assistant, since they had not acted as independent decision makers. It is noted and recognized that the school setting requires some modification of the level of suspicion of illicit activity needed to justify a search, and held that for searches by school officials. The standard of reasonable suspicion has been declared on the school and the legality of a school administrator's search of a student. Cases that are on probable cause have an implicit bearing on the reliable knowledge element of reasonable suspicion, as we have attempted to flesh out the knowledge component by looking to the degree to which known facts imply prohibited conduct, the specificity of the information received. The lesser standard for school searches could as readily be described as a moderate chance of finding evidence of wrongdoing. In this case, the school's policies strictly prohibit the nonmedical use, possession, or sale of any drug on school grounds, including any prescription or over-the-counter drug, except those for which permission to use in school has been granted pursuant to board policy. The majority finds that subjective and reasonable societal expectations of personal privacy support this type of search, which it labels a strip search, as categorically distinct, requiring distinct elements of justification on the part of school authorities for going beyond a search of outer clothing and belongings., in the majority's view, although the school officials had reasonable suspicion to believe that Redding had the pills on her person, they needed some greater level of particularized suspicion to

Bifurcates the issue of forfeiture from the criminal trial in future cases. [Health and Safety Code § 11488.4(h)(5)]

Regarding the case People vs. Lanthier during the year nine-teen seventy one, it was where one of the Supreme Courts decided to allowed some workers at a local college to go through some of the students belongings in a locker with no warrant because they had smelt something bad, according to law higher education. They also mention that when the workers had gone through the student’s locker, they had found the source of the smell coming from a piece of luggage that had a lot of marijuana, that had some sort of deodorant to help block the smell from the drug itself. Because of that smell, it was the reason for why this case was trialed and also why it had changed the way searches are for other students.

Prisons and jails remain skeptical of the differences revealed between stabilizing the constitutional rights of prisoners and the function of the actual facility. Constitutional rights kept by inmates must be balanced against security concerns of the prison. However, these constitutional rights can be disregarded for security purposes if the situation presents itself. The Supreme Court developed a test consisting of four questions to indorse the constitutional rights of inmates and the valid needs of prison administrators. (Collins, 2007) This test is known as The Turner Test.

These measures were taken to ensure public safety but are now posing a problem for our correctional facilities. Overcrowding and budgets are among the problems brought about by these measures. Both the state and federal correctional population throughout the United States have steadily seen significant increases in their population, every year for the past decades. Based on the census found on the Bureau of Justice website, the data collected between June 30th 2000 to December 30th 2005 showed that prisoners held in custody between federal and state prisons increased by 10%. (“Bureau of Justice Statistics”, p.1 -2)

When contemplating the flow of contraband into a correctional facility, there are numerous avenues to consider when attempting to diminish this concern. For instance, correctional officers may search inmate cells, oversee personal visits, and utilize informants to reduce the introduction of contraband into facilities (Bohm, & Haley, 2014). While it is true that inmates create their own contraband inside facilities, and that contraband passed to them via acquaintances how are inmates able to receive contraband while in facilities? Well, personal introduction via visitations, trustee details, reception of mail, usage of cell phones and illegal actions of correction officers.