Criminal Procedure Cj 227-01
Unit 2 Assignment
CJ 227-01: Criminal Procedure
“One may well ask: How can you advocate breaking some laws and obeying others? The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but, a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” – Martin Luther King, Jr. Imagine a perfect society, where the population had a standard set of rules and followed them. In that perfect society, everyone knew the rules down to a specific science hence, they knew how to obey said rules. Unfortunately in our time, we do not have a perfect society. Our civilization has lost the knowledge of their rights unless either; a.) laws were broken by an individual or b.) the individual is studying or examining criminal law. Either way, our society unknowingly forfeits their rights in certain situations. On the other hand, there are law enforcement officers who have sworn to uphold these rights to obtain their position. Some do not know themselves, when they have crossed the line of duty or violated a right. It is up to us to break down and identify the validity and righteousness of the “Officer Smith & The Gold Pontiac” situation we are presented with. Reasonable suspicion is “a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. A reasonable suspicion exists when a reasonable person under the circumstances, would, based upon specific and articulable facts, suspect that a crime has been committed (Reasonable Suspicion, Cornell Law School Library [2013]).” Officer Smith pulled over a gold, older model Pontiac because she noticed tape on what she suspected to be broken. One might wonder why Officer Smith pulled the Pontiac over. In most states, the driver is held accountable for faulty equipment of their vehicle. Unless the tape is red, reflective and
CJ 227-01: Criminal Procedure
“One may well ask: How can you advocate breaking some laws and obeying others? The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but, a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” – Martin Luther King, Jr. Imagine a perfect society, where the population had a standard set of rules and followed them. In that perfect society, everyone knew the rules down to a specific science hence, they knew how to obey said rules. Unfortunately in our time, we do not have a perfect society. Our civilization has lost the knowledge of their rights unless either; a.) laws were broken by an individual or b.) the individual is studying or examining criminal law. Either way, our society unknowingly forfeits their rights in certain situations. On the other hand, there are law enforcement officers who have sworn to uphold these rights to obtain their position. Some do not know themselves, when they have crossed the line of duty or violated a right. It is up to us to break down and identify the validity and righteousness of the “Officer Smith & The Gold Pontiac” situation we are presented with. Reasonable suspicion is “a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. A reasonable suspicion exists when a reasonable person under the circumstances, would, based upon specific and articulable facts, suspect that a crime has been committed (Reasonable Suspicion, Cornell Law School Library [2013]).” Officer Smith pulled over a gold, older model Pontiac because she noticed tape on what she suspected to be broken. One might wonder why Officer Smith pulled the Pontiac over. In most states, the driver is held accountable for faulty equipment of their vehicle. Unless the tape is red, reflective and
References: Exigent Circumstance [Def.1], In Legal Information Institute, Cornell Univeristy Law School Libarary. Retrieved February 13, 2013, from http://www.law.cornell.edu/wex/exigent_circumstances Plain View Doctrine [Def.1], In Legal Information Institute, Cornell University Law School Library. Retrieved February 15, 2013, from http://www.law.cornell.edu/wex/plain_view_doctrine Reasonable Suspicion [Def.1]. In Legal Information Institute, Cornell University Law School Library. Retrieved February 13, 2013, from http://www.law.cornell.edu/wex/reasonable_suspicion Stuckey, G., Roberson, C., & Wallace, H., (2006). Procedures in the Justice System (8th Edition). Upper Saddle River, NJ: Pearson/Prentice Hall. Florida State University Law Review, Summer (2006), Vol. 33, Issue 4, 1239-1248, Retrieved February 14, 2013, from http://www.heinonline.org.lib.kaplan.edu/HOL/Page?handle=hein.journals/flsulr33&div=61