Hi Meadow,
I agree with you that the Ex Parte Crow Dog Supreme Court decision of 1833 was to uphold the law that established with the Indian Nation. The U.S government stated that the Indians had the right to rule the affairs in their own land by their own laws. In order to keep that promise, the Supreme Court released the murderer. Considering such indulgence may cause a series of problems, they established the Major Crime Act to regulate some crimes within the Indian territory. To verify the validity of this act, the court adjudicated the U.S v. Kagama case according to the law. Therefore, these affairs had very close connection.
In November of 2009, Bruce Ambramski purchased a 9mm handgun for his uncle because of his discount as a former member of the police force. On the ATF form he completed with his purchase, he specified that he was not buying this firearm on another person’s behalf.
In the case of Kusmider v State, Thomas Kusmider was told by his girlfriend that another individual had sexually assaulter her. Kusmider went to this individual's home where a confrontation ensued and the individual was shot by Kusmider (Brody and Acker, 2010). Even though the shot was not fatal, it was near his adam’s apple and blood began to drain down his windpipe. Upon the paramedics arrival, the individual was unresponsive, but enroute to the hospital, the individual began flailing his arms and was able to pull the breathing tube that had been inserted to help him breath. The individual died later on at the hospital.
Parties: Parminder Kaur & Amanjit Kaur (Petitioners) v. New York State Urban Development Corporation (Respondent)
The thermal technology is an uncommon tool to the general public. The police officers did not get a warrant to do this. The use of this technology should not be used to further obtain a search warrant for his home, it violates the defendants Fourth Amendment rights.
1.Probable cause is a set of facts surrounding a specific circumstances that leads a “reasonable person” to believe an individual is committing, has committed or is about to commit a crime. Probable cause is required in the instances of an arrest, search and seizure and the issuance of a warrant. To ESTABILISH reasonable cause the officer can use any trustworthy information. For example the office could use his/her experience, informant information, first hand observations or knowledge, victim reports, anonymous tips, or hearsay.
In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.
Within certain circumstances, liability is based on the accused 's action, which is also known as an act of omission or negative act. Regardless of the defendant 's motive, the failure to act supports a finding of criminal liability only when the s/he is under a binding legal duty, has the necessary knowledge to behave aptly and carrying out his or her responsibility is possible. Even so, there are instances when the issue of guilt results from a lack thereof. Each element must be proven beyond a reasonable doubt and decided as a matter of law by the court. With regard to any crime, all criminal elements are distinguishable and identifiable for the careful analysis of each issue. Take for example the difference between points of dispute in Proctor v. State (1918) and People v. Newton (1973) when reading Criminal Law: Cases and Methods.
On the date of February 4th, 1965, believing that the Petitioner had been using public pay phones to transmit illegal gambling wagers from Los Angeles to Miami and Boston, the Federal Bureau of Investigation began their surveillance into the life of the Petitioner, Charles Katz. Fifteen days later on February 19th, 1965 FBI agents working the case against the Petitioner had gained access to a phone booth within a set of phone booths that the petitioner frequented on Sunset Boulevard in Los Angeles, and summarily recorded the petitioner’s side of conversations he was having on the phone within a booth nearby. This surveillance lasted until the 25th (excluding February 22, as no evidence was obtained due to technical difficulties) the date of the petitioner’s arrest, which took place immediately after he exited the same set of phone booths. In this case there are two major constitutional questions which need to be addressed: (1) whether evidence obtained by attaching an electronic listening and recording device to the top of a public telephone booth used and occupied by the Petitioner is gathered in violation of the Fourth Amendment, and (2) whether the search warrant used by the FBI officers in this case violated the Fourth Amendment to the constitution in that the warrant was (a) not founded on probable cause; (b) an evidentiary search warrant and (c) a general search
Even If This Court Was To Find That Ms. Brie’s Authority to Consent Was Ambiguous, This Court Must Still Find that the District Court Properly Denied the Defendant-Appellant’s Motion.
The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty-five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014).
Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on Americans including; torturing, raping, and murdering was an excuse for Americans aversion towards the Japanese. Public officials began to lock up the Japanese people simply for their own good, for protection against the hate crimes.
1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?
Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.
As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native.
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people