...U.S. Constitution – The Miranda Warning Technically, The Miranda Warning is not in the U.S. Constitution. The Miranda Warning came about after Miranda vs. Arizona in 1966. But it refers to the Fifth Amendment right that protects against self-incrimination, or "the right to remain silent". (Cornell) Amendment V “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.” (Mount 2010) Basically, the 5th amendment is to protect people in situations from getting in trouble it even protects ignorant suspects from incriminating themselves. In particular, it stops you from having to speak to the police or testify against yourself before a court, so it is best to keep your mouth shut until you have a lawyer. It also says that the government has to have a reason for arresting you and that you have the right to a trial with a jury, that you cannot be charged with capital a crime (murder) without a Grand Jury's permission, except in cases when you’re in the military...
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...civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona (1966), Gideon v Wainwright (1963), and Mapp v Ohio (1961). These four cases establish the foundation for the application of the principle referred to as the ‘exclusionary rule’ and the major basis for Warren Court critics. The Warren Court established the doctrine of...
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...America is now coping with diseases it believed it had eradicated, at least in partly due to non-limited immigration. In early June, ABC 15 (Arizona) reported, “US Border Patrol officers are worried that what’s coming over into the US could harm everyone… Agents are worried about a viral outbreak.” According to Border Patrol officer and Rio Grande Valley Union representative Chris Cabrera, customs officers are experiencing infectious outbreaks – and so-called quarantine areas are established by police tape. “There’s been an outbreak of scabies that’s been going on for the past month,” Cabrera said. And it’s not just scabies, its chicken pox, MRSA, staph infections. A health official told The ABC 15, “There is really no hard stop at...
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...Leader) Brandi Hendricks Victor Munoz Amanda Mroz 2 July 2009 Decide if Double Jeopardy, and Collateral Estoppel, applies in any of the four situations and explain why or why not. Double jeopardy is defined as “a provision of the Fifth Amendment of the United States Constitution that has been construed to prohibit an individual from being tried twice for the same crime prosecuted by the same sovereign jurisdiction unless the defendant waives the constitutional protection by appealing a conviction or otherwise” (Town, 2004, p. 584). Collateral Estoppel is defined as “where a fact necessary to the prosecution of a second but different case against the defendant has been clearly found in the defendant’s favor at the first trial, the defendant cannot be forced to relitigate the same fact a second time at a second trial involving the same sovereign” (Town, 2004, p. 583). 1) Where defendant fled by vehicle from California into Arizona, and both states tried defendant for drunk driving. “Double Jeopardy applies in this situation. The defendant is being charged with the same crime twice” (Hendricks, 2009). “This would be Double Jeopardy because he has been charged with the same crime twice” (Munoz, 2009). “The defendant broke the law in to different states so I don’t think that is would be a double jeopardy crime laws are different in different states the defendants alcohol levels could have been different so that defendant can be charged with a higher crime” (Mroz, 2009)...
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...it is dangerous to the point of causing death. The referred to issue is driving and talking or texting on the cell phone simultaneously. The purpose of this study is to determine the detrimental effects of cell phone usage while operating a motor vehicle and invoke an awareness of the dangers involved, particularly in the area of texting and driving. Proof of these dangers will be brought to bear via expert analysis and statistical facts. It will also examine the laws enacted in recent years to deter this activity. In a report issued in June 2006 by University of Utah psychologist Dr. Frank Drews et al stated that “We found that people are as impaired when they drive and talk on the cell phone as they are when they drive intoxicated at the legal blood alcohol limit of 0.08 percent.” Our brain does not have the cognitive ability to perform the two separate tasks of having a phone conversation and driving at the same time. The danger lies not within the “manual or visual interface with the device but in the conversation itself” (Rosenberger, 2013). This fact seems to be lost on the general users who believe that hands free devices (devices mounted on the dashboards of vehicles) do not distract the operator of a motor vehicle as much as hand held devices. This belief is evidenced by the sparseness of states that have placed a ban on these devices. On the other hand text messaging while driving is a much different matter....
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...persons who are found guilty of having committed third class felonies that are related to breach of a court order that is against driving under the influence alcohol that is intoxicated above certain limits. The circumstance leading to prohibition of driving automobiles without an ignition interlock devices arises from the first conviction of causing accidents that result in personal injuries for reasons accruing from alcohol intoxication. The penalties for causing accidents due to influence of over consumption of alcohol are valid from state to state. For instance, in the Tucson area, once convicted and found guilty for driving while under the influence (DUI) and/or while intoxicated (DWI), people find themselves susceptible to incredibly serious penalties. Such penalties range from a mandatory jail term, suspension of one’s driving license, and a force under court order to install an ignition interlock device in all cars driven by the convict among other penalties (Ministry of Transportation, 2013). Upon subsequent offenses, in many states, the felony offender is limited from accessing alcohol products from retailers or the retailers’ employees under the provisions of the new NM House Bill 87 (2013). The bill will be discussed further based on its provisions, one of which is the need for an ignition interlock license that prevent any driver from driving if he or she is under the influence of alcohol. Is Requiring Ignition Interlock Licenses to indicate that the Purchase of Alcoholic...
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... Document 1 of 1 A Matter Over MIND Author: Gibeaut, John ProQuest document link Abstract: The U.S. Supreme Court may help to answer the question after it hears Clark's challenge to Arizona's strippeddown insanity defense, which Clark says denied him a fair trial by not taking full account of his mental illness. In a double-edged due process attack on Arizona's system, Clark wants the justices to relax restrictions the state places on the insanity defense, which accounts for mental illness with a "guilty except insane" verdict. [...] in a more contentious aspect of the case, Clark also says the trial judge unfairly refused to consider evidence of his mental illness to rebut the criminal intent required for his first-degree murder conviction. "From all this, the court must conclude that, while the defendant was affected by his mental illness, it did not... distort his perception of reality so severely that he did not know his actions were wrong," Coker wrote in a special verdict detailing his reasons for convicting Hark and rejecting his insanity defense. Links: Check Document Availability Full text: Headnote The Supreme Court Is Poised to Review the Insanity Defense, an Issue That Has Confounded Courts, Psychiatrists and Lawyers THE 911 CALLS BEGAN COMING JUST BEFORE 5 A.M. on June 21, 2000, from a residential neighborhood in Flagstaff, Ariz. The callers complained of a...
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...The scientific literature on the dangers of driving while sending a text message from a mobile phone, or driving while texting, is limited but growing. A simulation study at the Monash University Accident Research Center provided strong evidence that retrieving and, in particular, sending text messages has a detrimental effect on a number of safety-critical driving measures.[6] Specifically, negative effects were seen in detecting and responding correctly to road signs, detecting hazards, time spent with eyes off the road, and (only for sending text messages) lateral position. Mean speed, speed variability, lateral position when receiving text messages, and following distance showed no difference.[7] A separate, yet unreleased simulation study at the University of Utah found a sixfold increase in distraction-related accidents when texting.[8] The low number of scientific studies may be indicative of a general assumption that if talking on a mobile phone increases risk, then texting also increases risk, and probably more so. 89% of U.S. adults think that text messaging while driving is "distracting, dangerous and should be outlawed."[9] The AAA Foundation for Traffic Safety has released polling data that show that 87% of people consider texting and e-mailing while driving a "very serious" safety threat, almost equivalent to the 90% of those polled who consider drunk driving a threat. Despite the acknowledgement of the dangers of texting behind the wheel, about half of drivers...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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...THE JUVENILE JUSTICE SYSTEM CHAPTER ONE Chapter Outline Origins of the Juvenile Justice System Juvenile Court Jurisdiction Defining Delinquency Defining a Juvenile Chapter Objectives After completing this chapter, you should be able to: 1. Describe the jurisdiction of the juvenile court. 2. Explain what is meant by delinquency. 3. Explain what is meant by status offenses. 4. Compare the ways in which the various states define a juvenile. 5. Identify and define the unique terms used in the juvenile justice system. 6. Outline the three major steps in the juvenile justice process. 7. Describe the five decision points in the juvenile justice process. The Language of Juvenile Justice Overview of the Juvenile Justice System Law Enforcement and Other Referral Sources Juvenile Court Disposition Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems. 3 4 PART ONE Juvenile Justice and Delinquency in the United States Origins of the Juvenile Justice System Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal system the American colonists brought from England, a juvenile age seven or older could receive the same...
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...Licensed to: CengageBrain User Licensed to: CengageBrain User This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: CengageBrain User Criminal Justice in Action, 7th Edition Larry K. Gaines and Roger LeRoy Miller © 2013 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not...
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...Fundamental of Criminology Investigation - an inquiry, judicial or otherwise for the discovery and collection of facts concerning the matters involved. - it is the process of inquiring, eliciting, soliciting and getting vital information, facts, circumstances in order to establish the truth. Criminal Investigator - a public safety officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the revised penal code, criminals laws and special laws which are criminal in nature. - a well trained, disciplined and experienced professional in the field of criminal investigation. Custodial Investigation - investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action. Neighborhood Investigation - one of the most crucial steps in kidnap for ransom cases which is often overlooked. The objective is to identify and interview in person all individuals in the area where the victim was kidnapped or last known sighting area during the window of opportunity.(last time seen until the time discovered missing. Crime scene - a venue or place where the alleged crime/incident/event has been committed. Corpus delicti - (latin for the body of the crime) - used to describe the physical or material evidence that a crime has been committed. ex. corpse of a murder victim. Confession - is an express acknowledgement by the accused in...
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...One afternoon last August, at a hospital on the outskirts of Los Angeles, a former beauty queen named Emma Coronel gave birth to a pair of heiresses. The twins, who were delivered at 3:50 and 3:51, respectively, stand to inherit some share of a fortune that Forbes estimates is worth a billion dollars. Coronel’s husband, who was not present for the birth, is a legendary tycoon who overcame a penurious rural childhood to establish a wildly successful multinational business. If Coronel elected to leave the entry for “Father” on the birth certificates blank, it was not because of any dispute over patrimony. More likely, she was just skittish about the fact that her husband, Joaquín Guzmán, is the C.E.O. of Mexico’s Sinaloa cartel, a man the Treasury Department recently described as the world’s most powerful drug trafficker. Guzmán’s organization is responsible for as much as half of the illegal narcotics imported into the United States from Mexico each year; he may well be the most-wanted criminal in this post-Bin Laden world. But his bride is a U.S. citizen with no charges against her. So authorities could only watch as she bundled up her daughters and slipped back across the border to introduce them to their dad. Known as El Chapo for his short, stocky frame, Guzmán is 55, which in narco-years is about 150. He is a quasi-mythical figure in Mexico, the subject of countless ballads, who has outlived enemies and accomplices alike, defying...
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...Table of Contents Title Page Copyright Page Dedication PREFACE TO THE 10TH ANNIVERSARY EDITION Introduction Part I - THE PURPOSE OF LIFE Chapter 1 - THE RIGHT TO HAPPINESS Chapter 2 - THE SOURCES OF HAPPINESS Chapter 3 - TRAINING THE MIND FOR HAPPINESS Chapter 4 - RECLAIMING OUR INNATE STATE OF HAPPINESS Part II - HUMAN WARMTH AND COMPASSION Chapter 5 - A NEW MODEL FOR INTIMACY Chapter 6 - DEEPENING OUR CONNECTION TO OTHERS Chapter 7 - THE VALUE AND BENEFITS OF COMPASSION Part III - TRANSFORMING SUFFERING Chapter 8 - FACING SUFFERING Chapter 9 - SELF-CREATED SUFFERING Chapter 10 - SHIFTING PERSPECTIVE Chapter 11 - FINDING MEANING IN PAIN AND SUFFERING Part IV - OVERCOMING OBSTACLES Chapter 12 - BRINGING ABOUT CHANGE Chapter 13 - DEALING WITH ANGER AND HATRED Chapter 14 - DEALING WITH ANXIETY AND BUILDING SELF-ESTEEM Part V - CLOSING REFLECTIONS ON LIVING A SPIRITUAL LIFE Chapter 15 - BASIC SPIRITUAL VALUES Acknowledgements THE ART OF HAPPINESS BOOK SERIES ABOUT THE AUTHORS RIVERHEAD BOOKS Published by the Penguin Group Penguin Group (USA) Inc., 375 Hudson Street, New York, New York 10014, USA Penguin Group (Canada), 90 Eglinton Avenue East, Suite 700, Toronto, Ontario M4P 2Y3, Canada (a division of Pearson Canada Inc.) Penguin Books Ltd, 80 Strand, London WC2R 0RL, England Penguin Ireland, 25 St Stephen’s Green, Dublin 2, Ireland (a division of Penguin Books Ltd) Penguin Group (Australia), 250 Camberwell...
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...Supernatural: The Life of William Branham Book 6: The Prophet and His Revelation 1960 – 1965 by Owen Jorgensen 1 Acknowledgments: In a project of this magnitude, it is understandable that I should owe many people a debt of gratitude for their help. First of all I want to thank Pearry Green for his vision, his encouragement and his efforts in publishing and distributing these books. I also want to thank Saundra Miles, David Buckley, Jay Weber, and the other people who spent many hours editing and proof reading the six manuscripts in this series. Their suggestions helped to make this a better book and a more accurate account of William Branham‘s life. Also, I want to thank Steven and Kathy Strooh, who put these books into audio format for all those people who would rather listen than read. I must certainly thank those people who have translated these books into their native languages: Spanish, Portuguese, French, German, Russian, Norwegian, Hindi, and many other languages. Supernatural: the Life of William Branham took me 17 years to complete. I was 34 when I started and 51 when I finished. To put that into perspective, my four children were in grade school when I began writing this biography. By the time I finished, three of my children were married and I had nine grandchildren. During the 17 years I worked on this project, my life had its ups and downs. I want to thank everyone who prayed for me during those 17 years. Finally I want to thank my four children—Benaiah...
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