...1. Graham v. Connor was a case about claims of excessive force when detaining a civilian. It also ultimately provided the tests that should be considered if law enforcement is accused of violating a person’s rights during stop and seizure. The applicableness of the Fourth versus the Eight Amendment to judge the validity of excessive force. 2. Dethorne Graham, a diabetic, began to have an insulin reaction and asked a friend, William Berry, to take him to a convenience store so that he could purchase some juice. Berry picked Graham up from his home and drove him to a local store. Once inside the store, Graham felt the line was too long, so he quickly left the store and asked Berry to take him to a nearby friend’s house to get some juice....
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...Unit Three Assignment James Norris Kaplan University CJ499-01 Professor Johnson January 26, 2016 Scenario: Police Officer Jones, in full uniform, was walking the midnight shift in a high-crime area at approximately 2:00 AM and is approached by a civilian who told Officer Jones she had been robbed and beaten by someone wearing a red shirt and white pants. The victim’s shirt was blood soaked from a severe laceration to her head and lip. She said the perpetrator was wearing a ski mask so she was unable to determine the gender/sex of the individual, as well as the race/ethnicity. However, she was able to inform Officer Jones that the perpetrator was approximately 5’8” tall and had a gun. The perpetrator stole her wallet and was holding it when he/she fled the scene, which was only a minute or two earlier. Officer Jones called for medical assistance and for backup as well. While waiting with the victim for medical personnel to arrive, Officer Jones spotted an individual that partially fit the description about a block away from the scene. Though it was very dark, Officer Jones observed the white pants and dark shirt. Officer Jones walked toward the individual, leaving the victim unattended. Medical and backup had not arrived. When Officer Jones was approximately 20 feet away, he identified himself as a police officer and told him in a loud, clear voice, “Stop, Police! However, the individual refused to comply with Officer Jones’s commands and continued to walk away from...
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...The Supreme Court held that it didn’t matter whether Connor acted in good faith or not, because the use of force must be judged based on a non-subjective rationale. This is why there are limits to what an officer can do to any suspect. Any single individual walking across the street may be a criminal, but without the appropriate processing the police-force could end up arresting or injuring innocent civilians. When the situation warrants the use of excessive or deadly force then by law, the police-force should exercise their responsibility to use such forces. (Case Law for Cops, 2003, Section-Graham v. Connor, para....
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...PETITIONERS v. ANGEL MENDEZ, ET AL. No. 16-369 (2017) Factual History: In October 2010, 2 deputies from the Los Angeles County Sheriff’s Department were searching for Ronnie O’Dell who had a warrant out for his arrest and considered, but not proved to be armed and dangerous. Upon receiving insight from a reliable source that O’Dell was last seen on a bicycle at a home in Lancaster, California. Before arriving on scene, the task force planned how they would be capturing O’ Dell, which concluded that some officers would approach the front door while deputies Conley and Pederson would search the back and cover the back door. When officers arrived on the scene, they approached the door and Hughes (the owner of the home O’Dell was apparently last seen at) asked if the officers has a warrant. The sergeant on scene responded “no” that they did not, but had a warrant for O’Dell and were searching for him. At this time one officer said he heard sounds of someone running coming from out back. Officers then prepared to open the door by force, after Hughes tried informing officers O’Dell was not in the house. After not finding O’Dell in the house deputies Conley and Pederson, with guns drawn, continued to look out back for O’Dell. Conley and Pederson approached a shack in...
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...dereliction of his duties as he left the victim by herself before medical personnel and back up arrived. In Graham v. Connor (1989) an officer saw a person running in and out of a store and assumed something was wrong. He followed the person who went in a car and stopped the car. During the traffic stop he arrested the man because he was drunk; however, the man and the driver related that he was suffering from low sugar. The officer sent another officer to the store and verified everything was alright. The issue now was that the man suffered some bruising and a fracture on his foot after he was arrested by the officer. These are different scenarios, but they can assimilate as the officer believed something was wrong. I believe in our scenario the officer acted in the heat of the passion trying to stop a perpetrator while given the wrong information. I do think the person who was shot needs to add the victim in the lawsuit as well! References: Cornell University Law School. (2015). U.S. Codes. Retrieved on January 24, 2015, from http://www.law.cornell.edu/uscode/text Department of Defense. (2012). Manual for Courts-Martial, Uniformed Code of Military Justice. Retrieved on January 24, 2015, from www.apd.army.mil U.S. Supreme Court. (1989). Graham v. Connor 490U.S. 386. Retrieved on January 24, 2015, from http://law.uark.edu/documents/Bailey-CrimPro-Graham-v.-Connor.pdf ...
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...UNITED STATES DISTRICT COURT WESTERN DISCTRICT OF MICHIGAN SOUTHERN DIVISION ESTATE OF ROLAND ROHM, by its Personal Representative, Geraldine Livermore, Plaintiff, vs. Case No. 1:04-CV-552 Hon. Richard Alan Enslen DANIEL LUBELAN, individually, JOHN JULIN, individually, JERRY ELLSWORTH, individually, STEVE HOMRICH, individually, DAVID BOWER, individually, jointly and severally, Defendants. _______________________________________/ Of Counsel: HILL AND ASSOCIATES, LLP DeClercq Druminski & Perlman James D. Hill (P88332) Anthony J. DeClercq Attorney for Defendant Attorney for Plaintiff 161 N. Clark St. 55171 Pacific Ridge Drive Chicago, IL 60601 Macomb, MI 48042 (913) 706-9986 (586) 321-7630 JamesDonaldHill@gmail.com decler16@msu.edu January 12, 2002 DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS Table of Authorities........................................................................................................ii Issues Presented...............................................................................................................1 Statement of Facts...........................................................................................................1 Summary of the Argument..............................................................................................3 Standard of Review................................
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...Case Name: County of Los Angeles v. Mendez 581U.S.___ (2017) Operational Fact: In October 2010, deputies from the Los Angeles County Sheriff’s Department were searching for a potentially armed and dangerous “parolee-at-large” that was seen at a certain residence. While other officers searched, without a warrant in the main house Deputies Conley and Pederson searched the back of the property where unknowingly, Mendez and Garcia were sleeping in a shack on the property. Deputies Conley and Pederson searched the shack without announcing their presence, startled the couple one of whom, Mendez, picks up a BB gun used mainly for killing pests and rodents. The officers see the gun and yell “Gun!” and start firing a total of “15 shots” at the suspected threat. Mendez and Garcia were injured in the incident and were hospitalized. The armed and dangerous “parolee-at-large” that was reported to be at this certain residence was not found on the property....
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...|1 |Lejla Isic |Case: Rochin v. California, 342 U.S. 165 (1952) page 37 of the Textbook | |2 |Sara Mirkovic |Case:U.S. v. Armstrong, 517 U.S. 456 (1996) page 42 of the Textbook | |3 |Nderim Ferati |Case: Katz v. U.S., 389 U.S. 347 (1967) page 55 of the Textbook | |4 |Amra Džafić |Case: U.S. v. White, 401 U.S. 745 (1971) page 62 of the Textbook | |5 |Valentina Cenaj |Case: Kyllo v. U.S., 533 U.S. 27 (2001) page 65 of the Textbook | |6 |Dajana Grgić |Case: Illinois v. Caballes, 543 U.S. 405 (2005) page 69 of the Textbook | |7 |Refik Čavčic |Case: California v. Hodari D., 499 U.S. 621 (1991) page 76 of the Textbook | |8 |Drilona Cenaj |Case: Terry v. Ohio, 392 U.S. 1 (1968) page 89 of the Textbook | |9 |Sejla Karic |Case: Adams v. Williams, 407 U.S. 143 (1972) page 85 of the Textbook | |10 |Naid Avdic |Case: Illinois v. Wardlow, 528 U.S. 119 (2000) page 103 of the Textbook | |11 |Tugce Melek |Case: Hiibel v. Sixth JDC of Nevada, Humboldt County et al., 542 U.S. 177 (2004) page 114 | | | |of the Textbook ...
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...Part 1 of 2 - mc 49.0/ 70.0 Points Question 1 of 22 3.5/ 3.5 Points In Hurtado v. California (1884), involving the murder by Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause: A.a. requires jury trials in all state courts. B.b. requires states to provide a grand jury indictment in capital cases. C.c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. D.d. does not require states to provide a grand jury indictment in capital cases. Answer Key: D Question 2 of 22 3.5/ 3.5 Points A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case. A. True B. False Answer Key: False Question 3 of 22 3.5/ 3.5 Points In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that: A.a. the search of the backpack violated the U.S. Constitution. B.b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search. C.c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack. D.d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack...
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...McNamara may have been correct when his speech was made, the new statistics show that the level of trust towards law enforcement is gradually decreasing, most likely due to things like lack of communication which is a result of insufficient training. Along with intent to better the relationship between officers and civilians, police need better training so that they can respond to intense situations without needing to resort to violence as quickly and so that when force is necessary, it can be carried out in a way where the offender is less likely to be fatally injured, and not injured excessively. Jill Brown describes a case, Graham v. Connor, where a diabetic man having a “sugar reaction” was arrested and assaulted by a police officer assuming he was under the influence of drugs. Judge Friendly, the judge over the case, applied logic from an earlier case Johnson v. Glick on how to evaluate the force used by an officer. The criteria were “[1] the need for the application of force, [2] the relationship between the need and the amount of force that was used, [3] the extent of injury inflicted, and [4] whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm” (Brown). Though only four clauses, simply ensuring that all officers act with such criteria in mind would greatly decrease the rash reactions during intense situations, which would allow for more useful and helpful applications of police...
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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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...Celia Hayley, my boys and the board. ONE Of course I have secrets. Of course I do. Everyone has a secret. It's completely normal. I'm sure I don't have any more than anybody else. I'm not talking about big, earth-shattering secrets. Not the-president- is-planning-to-bomb-Japan-and-only-Will-Smith-can-save-the-world type secrets. Just normal, everyday little secrets. Like for example, here are a few random secrets of mine, off the top of my head: 1. My Kate Spade bag is a fake. 2. I love sweet sherry, the least cool drink in the universe. 3. I have no idea what NATO stands for. Or even what it is. 4. I weigh 9 stone 3. Not 8 stone 3, like my boyfriend Connor thinks. (Although in my defence, I was planning to go on a diet when I told him that. And to be fair, it is only one number different.) 5. I've always thought Connor looks a bit like Ken. As in Barbie and Ken. 6. Sometimes, when we're right in the middle of passionate sex, I suddenly want to laugh. 7. I lost my virginity in the spare bedroom with Danny Nussbaum, while Mum and Dad were downstairs watching Ben Hur. 8. I've already drunk the wine that Dad told me to lay down for twenty years. 9. Sammy the goldfish at home isn't the same goldfish that Mum and Dad gave me to look after when they went to Egypt. 10. When my colleague Artemis really annoys me, I feed her plant orange...
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...------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend (0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 Facsimile:...
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...Enterprise Resource Planning Factors Affecting Success and Failure Patricia Barton November 25, 2001 Table of Contents Introduction Factors Contributing to Failure ERP Success Stories Conclusion References Introduction What is Enterprise Resource Planning (ERP)? “Enterprise Resource Planning” is a term originally coined in 1990 by The Gartner Group to describe the next generation of MRP II software. The purpose was to integrate all facets of the business enterprise under one suite of software applications. The definition of ERP would be broadened to include almost any type of large integrated software package.[i][1] Webopedia provides a generalized definition of ERP as “a business management system that integrates all facets of the business, including planning, manufacturing, sales, and marketing.”[ii][2][iii] Some of the more well-known ERP software developers include SAP, Oracle, and PeopleSoft. This paper will look at both successful and unsuccessful ERP implementations and what contributed to their success or failure. Many lessons have been learned by failed ERP projects, as evidenced by the volume of information available. Many of the failures occurred in 1999, in an attempt to manage Y2K issues, which may suggest that the companies had pressing needs which forced the implementation. Apparently, late adopters are benefiting from the mistakes of their predecessors since the most current research describes successful implementations. What constitutes...
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...The Military, Post-traumatic Stress Disorder, and Personality Jaye Crouse Northcentral University Dr. Claire Clifford PSY8100 Jul 20, 2014 Introduction The field of personality psychology has developed out of the necessity to know why people act, feel, and think like they do, to analyze their inward and outward motivations, and to discover where behaviors originate. It is the age-old debate of nature versus nurture that is found in many psychological theories and personality is no exception. Some researchers are convinced that the structure of personality is uniform and personality traits are universal, fundamentally heritable, and comprised of broadly defined dimensions where cultural, social, and gender influences are irrelevant and personality traits are fairly stable (Cattell, Eber, & Tatsuoka, 1970; McCrae & Costa, 1997: Terracciano & McCrae, 2006). Other psychologists such as humanistic and positive psychologists believe quite the opposite and contend that humans are essentially good with free will to make choices, change outcomes, and seek out opportunities to enhance their quality of life with the goal of self-actualizing, making personality a more fluid and less deterministic perspective with a focus on values, resiliency, and subjective well-being (Cloninger, 2013). Other researchers such as Freud, Adler, Horney, and Jung believe culture, society, and environment are profoundly important influences on personality (working in tandem...
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