Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION…
Question 8.3 This example deals with the topics of revenue, fixed costs, total variable cost, and total revenue. Question 8.3 starts off by introducing the huge football game that will be held in Dallas, Texas. The University of Oklahoma and the University of Texas are the teams playing against each other and it is obvious that a rivalry exists between them.…
As further reiterated, “Confessions remain a proper element in law enforcement. Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence.” Furthermore, the Fifth Amendment does not bar voluntary statements by definition. The Fifth Amendment explicitly states “No person shall…be compelled in any criminal case to be a witness against himself”. The issue here was whether or not the conversation was in fact an interrogation based on the subdivision called the “functional equivalent” of questioning, described as ‘any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect’. The court found that the conversation did not fall within the Miranda meaning of “interrogation” because it was concluded as being nothing more than a dialogue between the two officers, which invited no response from the respondent, and was clearly not a questioning initiated by officers. Furthermore, the conversation also was found not to fall under the description of “functional equivalent” because the few ‘offhand’ remarks that the officers made to one another in no way subjected the respondent to elicit a statement of admission, nor were the officers’ actions subjecting the respondent. Consequently, the respondent was found to have given a confession in a voluntary manner and that his Fifth Amendment rights were not deprived because he was not compelled or forced in any way to…
There were four different cases that were addressed by the Supreme Court’s decision in Miranda v. Arizona. These cases involve custodial interrogations and in each of these cases, the defendant was cut off from the outside world while they were being interrogated in a room by the police officers, detectives, as well as prosecuting attorneys. In the four cases, not even one of the defendants was given a full and effective warning of his rights during the interrogation process. Furthermore, the questioning done in all the cases elicited oral admissions and, in three of them, signed statements that were admitted at trial.…
Brief Fact Summary: Self-incriminating evidence was provided by the defendants while interrogated by police without prior notification of the Fifth Amendment Rights of the United States Constitution.…
I sat in on Judge Hubert’s court. Judge Paul Hubert is the presiding judge for Catch Court in Franklin County. Catch Court is located in Columbus, Ohio at 375 South High Street. What is does ‘Catch’ stand for in Catch Court? “Catch stands for Changing Actions to Change Habits” (Hubert, 2017). Why did you start Catch Court? Judge Hubert saw a need for women who were coming through his court. These women for victims of human trafficking not prostitutes. These women were victims and needed help. “One day I saw a woman come in with bruises and thought it was a domestic violence victim. I looked down at the file and saw she was a defendant — "prostitution," said the charge. It then hit me that these women had the same bruises, broken bones,…
(B) At the trial, no search warrant was produced by the prosecution, nor was the failure to produce one explained or accounted for. At best, "There is, in the record, considerable doubt as to whether there ever was any warrant for the search of defendant's home." 170 Ohio St. at 430, 166 N.E.2d at 389. The Ohio Supreme Court believed a "reasonable argument" could be made that the conviction should be reversed "because the methods' employed to obtain the [evidence] . . . where such as to `offend "a sense of justice,"'" but the court found determinative the fact that the evidence had not been taken "from defendant's person by the use of brutal or offensive physical force against defendant." 170 Ohio St. at 431, 166…
In 1966 Miranda v. Arizona was a landmark of a decision to the United States Supreme Court, in which this was passed because it had four out of five agreeing. The Court held both exculpatory and inculpatory statements in which was made in response to interrogation by the person who is in the custody of the police who will be used in a trial only if the prosecution is able to show that the accused was informed of their right to consult with a lawyer before and even during any questioning and have the right against…
In order for an admission to be admissible in court, prior to interrogation, the individual must first be informed in clear and unequivocal terms that he has the right to remain silent. In addition, the warning to remain silent must be accompanied by the explanation that anything can be used against the individual in court, and that the individual has the right to have an attorney present during interrogation, and if they can not afford one, then one will be appointed to them. Also, if the individual waives his right to remain silent and for counsel to be present, the police must show that the waiver was made knowingly, voluntarily, and intelligently.…
The collection and application of evidence have become essential to criminal investigations and prosecutions. Clear and convincing evidence could prove a crime that has been committed, establish key elements of a crime, target a suspect and someone associated with a crime, exonerate the innocent, corroborate a victim’s testimony, and assist in establishing the facts of what occurred (McEwen). Although evidence plays a significant role in prosecutions, there are still many cases involving misuse of evidence, which results in the conviction of an innocent person. In the case of “Trial by Fire,” due to the misuse of evidence by the fire investigators, the State of Texas wrongfully executed Cameron Todd Willingham who was convicted of murdering…
Within the study, 136 residents of the Wynne Unit of the Texas Department of Criminal Justice witnessed a staged theft and provided testimony to the incident (Colwell et al, 2002). The interview consisted of scripts derived from Structured, Cognitive, and Inferential Interview techniques. Participants were assigned randomly to one of the three interview techniques and were measured on their honesty and dishonesty to the questions obtained. Participants randomly assigned to the honest group were instructed to report everything about the incident as truthful as possible. Participants in the dishonest group were instructed to distort the testimony from the honest group to debar the conviction of the staged perpetrator. The interviews were held individually for a duration of one hour and were recorded and videotaped (Colwell et al, 2002). The role of the interviewers was to accurately identify participants who were giving fabricated statements and honest statements.…
The main decision for Chembright is in regards to the pricing of their products specifically bleach, which is Chembright’s main product, and how their main competitor R.J. Poulson is pricing theirs bleach in order to get rid of the competition. This has caused Chembright to be unable to compete at these prices since there isn’t any profit margin for them if they lower their price as R.J. Poulson. Therefore Chembright has to stop the price war with R.J Poulson to be able to maintain their products in these markets. Now Chembright is facing the issue of how to retain their customer’s without lowering their prices, since regardless of any brand loyalty customers will always want to pay less for a product therefore meaning the loss of a large portion of Chembright’s sales.…
In this scenario, the correctional officer lied to obtain the information he wanted, and if this was universally acceptable behavior, there would never be an ability to discern between who was telling the truth or lying as people would lie for personal gain while engaging in contradictions on their statements that were made to obtain what they wanted. The person lied to would suffer the consequences of any lie, and this was the case in this scenario. (Daniel,…
arrests and found that in 52 percent of cases, this was due to mistaken eyewitness testimony.…
From the psychological point of view, if the pressure is high enough, an innocent person may “remember” a crime he or she did not even commit. Even Barry C. Feld’s study states that “a confession is compelled, provoked, and manipulated from a suspect by a detective who has been trained in a genuinely deceitful art.” He admits that detectives manipulate their subjects’ minds to cooperate and give a confession. Along with this data, one way detectives obtain information is by presenting false data, misrepresenting facts, and lying (Feld 221). Detectives do this to make the suspect think that something has happened, even if it is really has not, or vice versa. When the person of interest believes this false statement, he might confess, though it may not be true. He may confess because he thinks that the detectives expect any confession and will not let him go until he gives them some sort of information. In this case, the person of interest, who is under tons of stress, will invent some story to appease the detective. Because this sort of interrogation places the suspect under a lot of stress, society believes that it should not be…