In the legal case (Unites States v Leon) On August 1981, police in Burbank received intel from an informant that Patsy Stewart and Armando Sanchez were selling narcotics from their personal residence. Police began surveillance of their home without a warrant and identified suspects Ricardo Del Castillo and Alberto Leon. Based on their investigation and information obtained from another informant, a warrant was obtained. A search of the residence was conducted, and large amounts of drug paraphernalia were seized. During the preliminary hearing the warrant was found to be invalid due to lack of probable cause. However, the evidence was admissible in court. This case set the precedence for the good faith doctrine.…
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is "rough" with her. Medical examiners ran an autopsy on Kailyn's body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs. Kailyn's mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey's home to find further evidence. Police found a dent in the wall near Kailyn's bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion.…
Branzburg v. Hayes was the only ever supreme court case to deal with reporter’s privilege. The ruling of this case was that reporter’s had no right to hide their sources in a court case. The chief justice at the time,Warren Burger, made a point that reporters, “like other citizens, [must] respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial (Fargo,2010).” With a decision that was five for and four against, this case was not an open and shut many thought it to be. Calling into play a look at the first amendment and what it really means when it says the freedom of speech. Interpreting a document that is more than two hundred years old is not an easy task to accomplish, having to combine…
There are very few circumstances in which the U.S. Government can suspend the civil liberties of its citizens. During World War II, President Franklin Delano Roosevelt issued Executive Order 9066 which gave the military the power to declare any place in the United States a military zone. This led to many Japanese American throughout most of the West Coast being relocated to interment camps. When Fred Korematsu refused to be relocated the Supreme Court ruled in favor of the military despite suspicions of racism. There were Supreme Court Justices who disagreed with the decision but the ruling still passed.…
The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…
Defense Attorney Paul Peters, of Columbia, informed jurors that his evidence will demonstrate that Mondale is innocent of the charges and would fit well as a coach in any small town.…
In the Levon Brooks case. Brooks was wrongfully convicted of rape and murder of a three year old girl. He was charged with Capital Murder, and sexual battery. Things that lead to his wrongful conviction were invalidated or improper Forensic Science, and Government Misconduct. Government misconduct is considered when lying or intentionally misleading jurors about their observations, failing to overturn exculpatory evidence, and providing incentives to secure unreliable evidence from informants.…
Today in our criminal justice system there exists a policy known as “The Miller Test”. The purpose of this test is to determine whether or not a given substance is obscene or not. It is a test that is frequently used today by police, and its significance is clearly obvious. The “Miller Test” is a direct result from the outcome of the U.S Supreme Court decision, Miller v. California. In this case, a local business owner who specialized in adult content and pornography, decided to market his business by mailing pornographic sampling material around the neighborhood. An unwilling recipient was mailed the graphic material and immediately contacted the authorities, whom later took Miller into custody. Miller was brought to court and charged under the California penal code which stated that:…
As a juror for the case of Myra Denning v. Ron Polikoff, I consider it my responsibility to make sure that I chose a fair verdict for Mr. Polikoff based upon the evidence presented during this trial. Therefore, for one count of Rape in the First degree, I chose the verdict of not guilty for the defendant, Mr. Ron Polikoff for the following reasons.…
Beneficial is defined as something that has a good effect or influence on someone or something. (MacMillan dictionary) Socially is defined as, situations and activities that involve being with other people and in this case children with or without disabilities. (MacMillan dictionary) Another real development for the inability group was in the 1999 Supreme Court choice in Olmstead v. L.C and E.W., which upheld the privilege of individuals with unique needs to live in group settings. (Special Needs Alliance) Olmstead helped pass the Americans with disabilities Act, that prohibited people from states to discriminate special needs people and to always include them in any situation. (David Fray and Jeffery Okamoto) Opponents of mainstreaming claim…
I personally believe that the meaning of a “well-regulated militia” is when citizens are properly following the laws and abide the rules of bearing arms. Militia can be defined as, “An army composed of ordinary citizens rather than professional soldiers” according to Gary the Gun Nut’s post on Thomhartmann.com. In the District of Columbia v. Heller case, gun control was the purpose problem. The case resulted in protecting the “Second Amendment of an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home,...” in which was a 5-4 decision by the Supreme Court.…
Mr. Hopkins doesn’t work out as the overseer and is replaced by Mr. Gore, who excels at his job. Mr. Gore’s rules were very simple: he was always right and the slaves were always wrong. The only way to avoid being convicted of a crime and punished for it was to be accused in the first place. Douglass tells of a slave named Demby who tried to escape a whipping from Gore by jumping into a stream and refusing to come out. He was given three chances and shot and killed after the third refusal. Mr. Gore wasn’t punished…
Individuals break crimes all the time but some cases take America by storm with the mass amount of media coverage. The Scott Peterson trail is a prime example of a criminal case that took the nation by storm. What makes the Scott Peterson trail special is the fact that for the first time in California an individual was sentenced to death based solely on circumstantial evidence. In this paper I will be discussing the Scott Peterson case in three key areas background/summary, evidence, and finally crime elements.…
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
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.…