Part A Issue: What steps are necessary in terms of preserving or bolstering the existing evidence and helping our client – we have the letters‚ is that enough? If not‚ what should we do? The letters alone are not enough to help Mr. Jamison. Herrera v. Collins says that‚ generally‚ a “free-standing” claim of innocence based solely on newly discovered evidence does not state a ground for federal habeas relief‚ unless it is coupled with an independent constitutional violation that occurred in the
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Conflict Within Thyself Jermaine Kelly ENG 102 072 Prof. Messina Essay 1 October 2nd‚ 2007. 1 Sherman Alexie’s story‚ "This Is What It Means to Say Phoenix‚ Arizona"‚ states mainly how two Native Americans struggle to adapt to modern times and their culture‚ and the conflict they endured within their lifetime. The story focuses on two main characters that embark on a cross-country journey to retrieve a dead father’s ashes and belongings. Victor‚ one of the main characters in the story
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Roel R. Garcia Plain View / Open Fields Case Study Axia College University of Phoenix Scott Smith September 14‚ 2008 Today a high percentage of the arrests done by law enforcement are from seized evidence that was in plain view and does not come under the Fourth Amendment. The plain view doctrine states that items that are within the sight of a police officer who is legally in a place from which the view is made may properly be seized without a warrant as long as such items
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Week 2 Define and compare the differences between substantive law and procedural law. Identify the seven principles of Criminal Law. Classify crimes into either misdemeanors or felonies‚ including the assigned degree of crime. Week 3 Describe and summarize the history of American Police to include the political era‚ the professional model era‚ and the community model era. Identify the styles of policing to include the watchman‚ legalistic and service. Evaluate the nature of police work
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Did the police conduct a lawful search and seizure under the guidelines described in the text. Explain why or why not. o Was the suspect’s Fourth Amendment rights violated? • Was it reasonable? • Was there probable cause? o What evidence in the case study led you to this conclusion? o What about the arrest was conducted in a proper manner? In an improper manner? o When did
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Confessions and the Constitution Where the increasing amounts of technology are constantly aiding in finding criminals and suspects‚ nothing has proven to hold up in court better than a confession. Although‚ there are rules and regulations as to how these confession will be allowed to be admitted into court‚ just like in all things. These rules and regulations are defined pretty clearly in the fourth‚ fifth‚ and sixth amendments of the constitution. In the Fourth Amendment‚ it is said that
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Janet Ainsworth’s journal article‚ “’You Have the Right to Remain Silent. . .’ But Only If You Ask for It Just So: The Role of Linguistic Ideology in American Police Interrogation Law‚” addresses the complexities that arise when attempting to invoke Miranda rights. Ainsworth begins the article by explaining how the Miranda rights were established as a compromise with its initial goal to alleviate pressure from those detained. She references the Davis v United States case as a key example due to its
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This case involves a person suffering from schizophrenia who confessed to murder. The case contains a number of issues including the accuracy of things that are presented by someone who is not in his right mind. Nevertheless‚ the big question here is if this person has the reasonable understanding to appreciate what waiving the Miranda rights mean. In support of the state‚ the brief had the purpose of saying that the respondent’s confessions were not involuntary even though he was suffering from
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Chapter 31 The chapter starts off with Zoe wanting to go to school and staying for her afterschool program. Denny is worried that the twins might come get Zoe so he tells her he’ll pick her up earlier. Later on Denny and Enzo goes to Victrola Coffee shop and goes to sit on an outdoor table which they are later joined by a large but‚ compact man named Mike who seems to be a friend and attorney of Dennys. They discuss about the custody between Denny and the twins over Zoe. Mike sounds assured that
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On 6/14/2015 at approximately 1833 hours‚ I was conducting a security walk in Tower 12-B Pod at the Lower Buckeye Jail (address listed above). After I completed the walk in B pod I came up to cell 8 and noticed (V1) Inmate Stark‚ Arthur MCSO Booking Number (T174712) was laying on the lower bed inside his assigned cell with a pink Inmate towel over his forehead. I then asked Inmate Stark why he didn’t come up to get his evening meal. Inmate Stark then stated to me‚ "I am not hungry". I then ordered
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