In Morrison v. Olsen, the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had taken away powers from the executive. The majority held that Morrison was an “inferior officer” due to the ability of the Attorney General to remove her for “good cause”, she can only perform certain limited duties, she is limited in jurisdiction, and…
FACTS OF THE CASE: The Appellant, Director of Finance at Toyota Marin Lou Suriyan Sisuphan, took almost $30,000 in order to persuade the termination of Sisuphan’s coworker Ian McClelland by suggesting that McClelland should be held responsible for the lost money. The Appellant did not have the intention to take this money permanently, and returned the money before any charges were filed, but not within the 24 hour amnesty period that the dealership offered. The dealership terminated Sisphan’s employment, and charged Sisuphan with a “felony offense of embezzlement by an employee of property valued in excess of $400 (§§ 487, subd. (a), 508, & 514) and alleging a prior assault conviction (§ 245, subd. (a)(2)) as a sentence enhancement.”JUDICIAL HISTORY: The trial court found Sisuphan…
In order for a facially-neutral law to be struck down as unconstitutional under the equal protection clause, one must prove that there is a discriminatory impact as well as discriminatory purpose or discriminatory administration (Chemerinsky 724). Tick Wo v. Hopkins is an example of a case that lacked discriminatory intent in the context of the law, however was carried out in a discriminatory manner. In Tick the law was racially neutral, but its administration to Chinese-Americans was discriminatory in nature as the facts established that Chinese-Americans were often denied for permits than non-Chinese-Americans (Alexander…
Bobby Dassey went to court for testimony against Steven. Bobby claimed that he had seen Teresa taking pictures then walking towards Steven's trailer. He argued that Steven was the last person that had been with Teresa. Steven argued that he was not the last person to see Teresa because he had seen her leave. Bobby mentions a joke about Steven asking him and his friend, Michael if they wanted to help get rid of a body. It was the third party to tell the jury about this "joke." The board had claimed that they were the ones that Bobby first told about this "joke." Testimony from Bobby established a timeline that was seen as evidence.…
I corrected your cover page – all I had to do was center the five lines on the cover page and delete some spacing between the lines. Citations are not correct, spacing is a problem, basic keyboarding problems with a space before a period at the end of a sentence and a space before a comma within a sentence.…
Substantive Facts: Respondent was arrested on the night of January 12, 1975 for the robbery of Providence cab driver John Mulvaney, which lead to his murder. Mulvaney was shot in the head with a sawed-off shotgun, however no weapon was found present on the respondent at the time of his arrest. Upon the respondents’ arrest, respondent was informed of his Miranda rights by three police officers, to which he explained he understood those rights and wanted to speak with a lawyer. Officers then placed the respondent in the rear of a squad car containing the three aforementioned officers, one of which was seated in the rear with the defendant. Once en route to the police station, the officers began…
The Miranda v. Arizona case is considered to be one of the most important and famous cases in modern law history that provided the foundation for some important legal provisions. It occurred in 1966 in Arizona, when a young man named Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was charged with robbery, kidnapping, and rape of a young woman several years prior the trial (Zalman, 2010). Before the suspect was interrogated, the police did not inform him of his constitutional right to remain silent which allowed the interrogators to get the confession. Given that this case provided the foundation for the right to remain silent, it became very famous and important. The present paper attempts to analyze the…
|will walk away free. Also, the wife only states she was scared and called the police. According to "Domestic Assault |…
After the Plessy v. Ferguson case in 1896, the statement of “separate but equal” was created, preventing African Americans from achieving equality. In 1951 in Topeka, Kansas, a girl named Linda Brown was forbidden from attending Summer Elementary school, which was the school closest to her home, due to the color of her skin and was instead forced to go to a school for African American children much farther away. With the help of the NAACP, the National Association of the Advancement of Colored People, and Thurgood Marshall, her father, Oliver Brown, filed a lawsuit against the Topeka Board of Education. The Court spent four terms making their final decision, which came in 1954, banning segregated schools and getting rid of the whole “separate…
The causes of action taken on Dale are the tort of false imprisonment, the tort of assault and battery, and negligence. If the customer, Bob, has not stolen any goods there is no justification for holding Bob. Bob was intentionally restrained against his will, and there was no lawful reason to do so. This restraint unlawful for two main reasons: first, Bob had not stolen anything; and two; Dale used unreasonable force in restraining Bob. The practices Dale used were strictly prohibited by company policy as stated by the video, “ So You Want to Catch Thieves: Guidelines for Success”, given by Wal-Mart. All of the things Dale did to apprehend Bob do not fulfill section 494 of the criminal code. The next cause of action taken is the tort of assault and battery. The right of bob to control his body and who touches it, is violated. Dale put a chokehold on Bob and had absolutely no right in doing so, it was even explicitly expressed to not use chokeholds on any suspected shoplifter in the video Dale was required to watch, Dale acted with excessive…
The Fifth Amendment of the U.S. Constitution forbids the use of coerced confessions in criminal proceedings (Peak et at, 2010). However, internal investigations are a different matter. The U.S Supreme Court case of Garrity v. New Jersey defined what must be done. The case got its start when officers under investigation for fixing citations were ordered to give statements or be fired (Roufa, 2014). The statements were then used to convict the officers and they appealed saying that their statements were coerced with the threat of being fired (Roufa, 2014). The court agreed and what arose from the case was the Garrity rule which states “that if an officer is compelled to provide self-incriminating information or statements, such statements…
The criminal justice issue that I plan to study is the Stand Your Ground Law. This paper will analyze the history of the Stand Your Ground Law and the NRA’s (National Rifle Association) involvement in getting this law passed in Florida as well as in other states. I will give statistics of how race plays a huge role in this law. The “Black Lives Matter” movement will also be discussed. Recommendations will be given to commissioner Bratton on what to do if these laws were to be passed in New York City.…
The career of Dick Spencer presented in the assigned case offers several opportunities for the business student to examine principles of management using a realistic example of the modern business environment. This paper undertakes to perform an analysis of Mr. Spencer’s career in order to identify and explore those factors that contributed to his early career success as a sales person as well as those factors that contributed to significant challenges experienced by Mr. Spencer as he transitioned into the operations side of his company’s business and began to progress in his career up through the ranks of middle management. The paper concludes by offering recommendations that could have helped Mr. Spencer be more successful in his various management roles.…
The elements of false imprisonment are intent to confine, arrest, and consciousness of confinement. In Moore v. City of Detroit, 252 Mich. App. 384, 652 N.W.2d 688 (2002), the court held that an action for false imprisonment can be maintained without alleging a false arrest involving government law enforcement. The court reasoned that the employee was not actually confined or restrained for any significant period of time which is required in satisfying a false imprisonment claim. The court stated that even if the employee had been locked in some enclosure, the confinements were momentary and fleeting or too brief and therefore insufficient to satisfy false imprisonment.…
In regards to limiting a victim’s voice, Neubauer and Fradella gave the example of special circumstances under Payne v. Tennessee, which supports victim impact evidence; however, it can be disallowed on due process grounds if inflammatory and highly prejudicial (2007). The example given in the text is in Salazar v. State (2002):…