“Uganda’s criminal laws give judicial officials discretion to decide on the cases they wish to handle and empower them to make phone calls to accused persons to appear before their courts.” With the aid of authorities discuss the veracity of the above statement. With reference to the Black’s Law Dictionary a judicial officer is a person who holds an office of trust‚ authority or command. Judicial officers such as judges and magistrates have discretion to decide on cases they wish to handle however
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1. Identify several sources of rights. Several sources of right are court decisions‚ statues‚ and state constitutions. 2. What is the incorporation controversy? What are the leading perspectives describing it? The Fourteenth Amendment stating “nor shall any state deprive an person of life‚ liberty or property‚ without due process of law‚” has made certain protections specified in the Bill of Rights applicable to the states. This is known as incorporation. 3. What rights
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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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Purpose The purpose of this paper is to discuss public school districts’ limits on "hate" speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment‚ public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines
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CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for
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Warrants‚ Seizures‚ and Searches Criminal Justice 3100 A very large and debatable part of Criminal Evidence and Procedure that has and can cause many issues is warrants. A warrant is “a written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice” (Warrant 1). The first statement of freedom from unreasonable searches and seizures appeared in The Rights of the Colonists and a List of
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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LAWS 1014 Criminal Procedure Exam Table of Contents Introduction to Criminal Procedure – Crime and Society 4 Crime 4 Criminal law 4 Sources of criminal law in Australia 4 Justice 4 Procedural law 5 Substantive law 5 General criminal procedure 5 Current trend towards criminal procedure 5 Crime and history 6 Crime and society 6 Problems with criminal procedure 7 Reforms to criminal procedure 8 Context for making criminal procedures 9 Indigenous people and Australian criminal procedure 9 Ethnic minorities
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citizen occurs when a warrantless search or seizure takes place‚ it also denies security of the citizen. Warrantless searches and seizures are mostly not justified by the law. The safety of a citizen is affected from unfair and unwanted arrest. With a probable cause and a warrant in place‚ the search or seizure may take place and be appropriate; without a probable cause and warrant‚ the search or seizure is not reasonable. Unreasonable‚ warrantless searches and seizures should not take place because
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Basic search and seizure warrant requirements A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee or by an agent of the government. Private individuals who are not acting in either capacity are exempt from the Fourth Amendment prohibitions. A seizure refers to the interference with an individual ’s possessory interest in property. To meet the definition of an unreasonable seizure‚ the property ’s owner must have had a reasonable
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