...does the prison environment influence the way you ensure security and custody in your prison? At the Devil Dog Detention Center, we are constantly paying attention to the inmate’s body language and personal demeanor to better understand the mood of the facility. As you are aware race plays a very important role in prison, as does respect, although the facilities population will intermingle with each other a good indicator of tension or a fight might occur is separation. Separation among the inmates by race strongly suggests one race is going to attack another race. To prevent an uprising, such as a riot or violent attacks from happening, the staff at the facility will closely monitor the population’s behavior, and if necessary secure the entire population to their cells. When an individual is initially booked in to the facility he will be asked if he has any medical conditions and other personal questions which is followed by a classification interview. During the classification interview, staff members assigned to the classification unit at the facility will ask the inmate questions in relation to his criminal history. Examples of these questions are: what is the date of your last arrest, how much county jail and state time have you done, are you a member of a street or prison gang, and what classification were you the last time you were in custody. The initial interview along with classification officer’s experience helps determine...
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...INTRODUCTION The People of the State of California oppose the defendant’s motion to suppress evidence. Introducing evidence of the defendant’s admission to attempted robbery would not violate his fifth Amendment rights because he was not in custody while being questioned by the officer. In fact, during the short and informal questioning defendant was not even handcuffed. Introducing evidence of the methamphetamine found in the defendant’s RV would not violate his Fourth Amendment rights because the fact that the RV was moved 10 days after the arrest qualifies it as an automobile, applicable to an automobile exception. In addition this evidence was found within the scope of a valid consent from the defendant to search the RV. STATEMENT OF...
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...witness against himself.” By this creed the Miranda rights when invoked, protects the suspect from relaying information to law enforcement which can used in a court of law against him. Even though the Miranda rights now occupy a pivotal place in American legal culture, it is still evolving and the Courts have continued to define its scope, strength and limitations since the initial ruling in 1966. Within the fact pattern given in Appendix I there are several incident components. The basic outline describes police Officer Watson responding to a burglary in progress call at 2:00 a.m., witnessing a person in dark clothing fleeing the reported scene of the crime. Pursuit first by car and then on foot ensues, with the suspect even climbing a fence in his effort to get away from the officer. A metal object is discarded prior to when Officer Watson catches the suspect. Officer Watson asks about the discarded object, and then finds the knife and some jewelry. He places the suspect under arrest then continued to ask the suspect questions about the knife and jewelry. The suspect remains silent and Officer Watson takes him back to the station for further interrogation. There the suspect confessed to the burglary under questioning. Ideally the Miranda rights should be read to the suspect after he or she has officially been taken into custody, but prior to any questioning or interrogation. The officer must inform the person of his or her right to remain silent and to have an attorney present...
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...individuals from self-incrimination. Next let me briefly explain the Miranda v. Arizona case. In 1963, Ernesto Miranda was arrested for kidnapping and rape. After several hours of being interrogated, Miranda finally confessed and agreed to sign a written statement that included a typed disclaimer stating he had full acknowledgement of his legal rights to include understanding that any statements can be used against him and that he voluntarily waived his rights. In actuality, Miranda did not have an attorney present during his questioning, or at his preliminary hearing. The fact that he was not even aware that he had the right to consult with an attorney prior to his court appearance violated his constitutional rights. Consequently he was convicted of his charges and was sentenced to 20-30 years in prison. During Miranda’s appeal, his lawyer argued that he had been denied his constitutional rights for illegally obtaining his confession. Eventually his lawyer petitioned the U.S. Supreme Court to grant a hearing for Miranda’s case. He narrowly won on a 5-4 vote to reverse his conviction on the basis that his constitutional rights...
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...5th Amendment Right to be Free of Self-Incrimination Let me first begin by explaining the 5th Amendment. According to the 5th Amendment of the U.S. Constitution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” In summary, the 5th Amendment protects individuals from self-incrimination. Next let me briefly explain the Miranda v. Arizona case. In 1963, Ernesto Miranda was arrested for kidnapping and rape. After several hours of being interrogated, Miranda finally confessed and agreed to sign a written statement that included a typed disclaimer stating he had full acknowledgement of his legal rights to include understanding that any statements can be used against him and that he voluntarily waived his rights. In actuality, Miranda did not have an attorney present during his questioning, or at his preliminary hearing. The fact that he was not even aware that he had the right to consult with an attorney prior to his court appearance violated...
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...enforcement. While it is true that some unruly people do end up in a police uniform, that too can be said about people in every profession. Police officers are in a very dangerous position every day of their lives, on duty and off duty. It is necessary to be fair and open-minded when a police officer is being accused of excessive force or when their use of lethal force is being questioned. People have enough to fear in today's world without being led to believe that the police are the enemy. They are not, and in most cases, the only people that have any reason to fear the police are the people that are breaking the law. “Police brutality” has become an easy scapegoat for many people, but an officer’s use of force in the line of duty is often necessary and justifiable. A police officer’s day is unlike that of any civilian. While most people spend their nights at home with their families, all police officers must have their turn at the graveyard shift, which is usually between the hours of midnight and eight o’clock in the morning. This also happens to be the time period when most serious crimes and drunk driving accidents take place. On an average shift, a police officer is likely to experience things that would devastate most people: child abuse, drug overdoses, suicide, fatal car accidents, and violent crime. On a regular basis, officers have to be physically up close and personal with people who are HIV+, people who are under the influence of drugs or alcohol, in addition...
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...stage. Investigating all of the suspects believed to be involved. This includes gathering evidence at the scene of the crime. If this is a case of probable cause this means gathering any witnesses with reliable information and writing a search warrant request so that you may fully investigate the matter. I believe that the investigation is the most important element. Without that stage there is no way of being able to prove one way or the other what happened or occurred. If necessary you can also request a search warrant for the suspect’s property. Keep in mind that we have to secure the warrants in order for the evidence found in the process of a search to be admissible in court. This is also a way of protecting the suspect’s 4th Amendment rights. In order to invade one’s privacy there has to be probable cause. A search warrant is only issued by a magistrate, if that burden has been met. The investigation process can also save the system a lot of money. I say this because you don’t have to waste valuable time and resources chasing an indictment when you see that either no crime has been committed or that your initial suspect was literally unable to commit the crime. Our next step once we have gathered all of the information and evidence we can legally obtain,...
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...(Travyon Martin). Zimmerman ignored the instructions and walked up to the man and there was altercations going back and for. Later that night neighbors reported the hearing of some gunfire. An officer said that Zimmerman did have wounds to the nose and the back of the head; this was due to self-defense from Travyon Martin. Zimmerman told police immediately after the incident he killed the teen in self-defense after a scuffle. He was taken into custody but was released without charges being filed. The police chief in Sanford, Bill Lee, who later resigned, said Zimmerman was not arrested because his story held up under Florida's now. George Zimmerman actually got charged After details of the incident began to leak including 911 tapes and videos of Zimmerman in custody as well as several back and forth about criminal charges from state and local officials of the state of Florida, prosecutor Angela Corey announced on April 11, 2012, that Zimmerman was being charged with second-degree murder in the shooting and that he was in police custody. They eventually went to court and tried to charge George Zimmerman with manslaughter instead of second-degree murder, Zimmerman said he failed to identify...
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...formation and dynamics; and executive processes that come about on a daily basis within any social setting. These processes may consist of forms of communications, decision making, management, authority and politics, disagreement, stress management, and adjustment. Considering the controversial killing on Aug 9th in Ferguson, Missouri of Michael Brown, soon after details from an authorized autopsy on him were released to reporters, legal advocate for Darren Wilson, the police officer who openly shot and killed the teen, address the media for the first time from the time when the investigations began, and he said they were not answerable for any information release to the media whatsoever. He further went on to confirm that they were not in custody of any of the disclosed information or the undercover report. In conclusion, he said that as long as the Grand Jury carries on with meetings and the Department of Justice also carries on with investigations, any remarks on this matter is only supposed to be done in the proper legal setting and not through the media (Zeidman, 2012). Shortly after publishing the details which may possibly boost the killer’s claim of self defense one expert whose investigation was central to those claims said that her examination of the conclusion had been taken out of perspective. She claimed that autopsy cannot be interpreted in a vacuum. She suggested that to do it must be in the perspective of the scene, the examination and the eyewitness statements. It...
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...Police Use of Force Introduction When we look at the term, use of force, and how the police use this for the protection of the officers and the lives of others, this becomes a very debatable part of a police officer's job. The U.S. has experienced a number of incidents over the course of 20 years involving police use of force that are cause for concern among the public. People get upset about perceived misuse of police force, but say little when police officers are gunned down or seriously injured during violent encounters or situations that escalate to lethal action. It is important to know that police departments strive to reduce the amount of use of force incidents within their respective agencies. Are there alternatives to a potentially deadly encounter? One may ask, Can the officer step back and call for assistance? If the suspect's identity is known, rather than engaging in a foot pursuit, can an officer make an arrest later? Can the officer not shoot to kill? Can the officer shoot in a non-life threatening part of the body? By nature, every situation is different and must be evaluated on an individual basis. Stepping back is not always an option for an officer. When the life of an officer is threatened by someone pointing a gun at them, or by any other life threatening means, and not knowing the assailant’s intentions, this forces the officer to make a split-second decision. That decision will determine if the officer will live or die. In the early nineties...
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...person name Ernesto A. Miranda. That came in this area as an Immigrant from his native country arrested and accused of sexual assault and kidnapping, which they took Miranda in for questing. They held in questing for almost two hours, which made him confessed to the criminal act to the officers. However when in questing is Amendments was violated the fifth and sixth that is the person has a right to keep their selves from incriminating his or herself also they have a right to legal representation. Once they had the confession, they go to court in which the confession used by the prosecutor as evidence with other items. Because of this, the ruling did not go in his favor, and he was to 20-30 years behind bars (Hendrie, Edward M, 1997). Q. Have it been any cases are like this which considered in the Supreme Court? Justice Tom C. Clark. There have been other cases like this California v. Stewart, Westover v. the United States, Virgira v. New York. With the cases, they were on the bases, of the defendants not legally told about their legal options like the fifth and sixth amendment rights (Find Law, 2015). Q. What was the way that the United States Supreme Court handed the cases of Miranda V. Arizona?...
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...Citation: Estate of Sinthasomphone v. City of Milwaukee, 838 F.Supp. 1320 (1993) Facts: Konerak Sinthasomphone, a 14 year old Laotian male, voluntarily went to Jeffrey Dahmer’s apartment where he allowed Dahmer to take nude photographs of him. Dahmer drugged Konerak and poured diluted hydrochloric acid into a small hole he drilled into Konerak’s head while he was unconscious. Dahmer left the apartment and Konerak was able to find his way outside. Two female’s witnessed Konerak run into the street naked and bloody, then fall to the ground. Police were called. Responding officers arrived after Dahmer had returned and located Konerak. Dahmer claimed Konerak was a houseguest who drank too much. Konerak failed to respond to officer’s questions and...
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...Kevin Hudson 3-29-2011 Prof. Kuennen Review of Bail Bond System To begin the process of bail, first there must be a suspect, an arrest, a police report filled out, and charges filed against the suspect. From here, there are five possible release options: own recognizance, property bond, cash bond, surety bond, and citation release. In the following paragraphs, I will present each of these topics and show how they are typically used. The most commonly used form of release from jail, until the court date, is own recognizance (O.R.) This program is used through the county or the specific law enforcement managed pre-trial program. In order to determine whether a suspect can be released by the own recognizance, a staff member of the program will ensure an interview takes place with the individual while in jail. If the staff member deems the suspect capable of being released on their own, they will make a recommendation to the court for the release of the suspect. Own recognizance is a base of trust on the suspect, as it holds no financial security to insure that the suspect returns under his/her own power. When using a property bond to post bail with somebody, the courts must place and record a lien on a property with a high enough value to cover the cost of the bond. It is very similar to using their property as collateral using the terms in the paperwork they must submit prior to the release of the suspect. If the suspect were to skip court/fail to appear at their previously...
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...to the defendant’s incompetency about their rights upon arrest prior to interrogation. Following the ruling in Miranda v. Arizona (1966) at the time of arrest, law enforcement officials are required to inform the defendant of their Miranda rights before the officers can interrogate the defendants, these rights are as followed; You have the right to remain silent, if you give up that right anything you say can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford one, one will be appointed to you. You may to invoke these rights at any time. These rights may seem simple and easily understood; however, research suggests that even educated undergraduate students have misconceptions regarding the Miranda rights. If well-educated individuals have misconceptions about their rights, how can we expect criminals with the average education level of less than a high...
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...citizen in their custody. Police officers have more powers than the average citizen. Many officers have abused their powers, such as excessive force. In most of these cases, officers have only been suspended or given probation, this seems like a minor punishment for such a heinous crime. Police officers are getting away with their misconduct towards society and some continue to get away with it. Police brutality has increased immensely throughout the year. According to the chart “A neutral look at Police Brutality”, in Graph.net, brutality by police occurs 19.4% of the time. The statistics also show that police misconduct occurs more often in the larger cities such as New York, Detroit, Chicago, Atlanta, New Orleans and many more. Since African-Americans are 13.1% of the nation's population, they make up an average 40% of the prison population. African-Americans are using or selling during within the same rates as whites however, they are 2.8 to 5.5 times more likely to be arrested for drug use than whites (Hudson). Black offenders also are sentenced longer sentences compared to whites (Hudson). As crime rates decrease in the community, the jail population has increased. Police officers strongly disagree with what the community is fighting against. 49% of police officers believe the only way to properly receive a consequence is to punish the person themselves (Graph.net) Police brutality has a long history and goes way back to the civil rights movement. The civil rights movement is...
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