...Maitri Spence-Sharpe, ADMJ 2 Sec. 8001 Citation: Mapp v. Ohio, 367 U.S. 643 (1961) Facts: Three police officers went to Miss Dollree Mapp's home looking for a person wanted for questioning regarding a bombing. They had been informed that the person was hiding in Miss Mapp's house. She did not let them in because her attorney advised her not to unless the officers had a search warrant. The police remained outside doing surveillance until more officers arrived a few hours later. At that point they tried again to get Mapp to allow them access to the house. When she did not open the door, they entered by knocking down one or more doors. They searched the premises. Mapp wanted to see a search warrant. An officer showed her a piece of paper and said it was a warrant. Mapp took the document and placed in the front of her clothing. The officers forcefully got the paper back, handcuffed her for behaving contentiously, and forced her stay in her bedroom. The police searched all the rooms and found obscene photographs and written works, but not the person they wanted to question. It was not clear exactly where the pornographic materials were found in the house, but the bedrooms, kitchen, dinette, basement, and living room were all searched. In court, there was no search warrant presented, nor explanation for the lack of one provided....
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...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
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...Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and 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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...Case Study William Smith Professor Leona Williams July 15, 2014 Columbia Southern University This case study paper is focused on the exclusionary rule, which is defined as an interpretation of the Fourteenth Amendment by the Supreme Court that holds evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant (Dempsey, J., Forst, L., 2011). What this rule pretty much means is that any evidence that is found to be seized in violation of the U.S. Constitution can be suppressed in court and not used against the arrested subject. The exclusionary rule evolved in U.S. law through a series of Supreme Court cases. Since at least 1914, the Supreme Court has been concerned with the use of illegal means by the police to seize evidence in violation of the Constitution, and then using that evidence to convict a defendant in court (Dempsey, J., Forst, L., 2011). The court continually warned state courts and law enforcement agencies that they must amend their procedures in order to comply with the U.S. Constitution or risk the exclusionary rule being imposed on them as well. By 1961, the Supreme Court, noting that the state courts had not amended their procedures to conform to the Constitution, applied the exclusionary rule to the state courts and law enforcement agencies, as well as federal ones. The following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also...
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...com/product/crj-320-wk-3-quiz-3-chapter-4-and-5/ Contact us at: SUPPORT@ACTIVITYMODE.COM CRJ 320 WK 3 QUIZ 3 CHAPTER 4 AND 5 CRJ 320 WK 3 Quiz 3 Chapter 4,5 MULTIPLE CHOICE 1. In which 1984 case did the Supreme Court define a search as “a governmental infringement of a legitimate expectation of privacy?” a. United States v. Ross c. Mapp v. Ohio b. United States v. Jacobsen d. Terry v. Ohio 2. A lane search, or partitioning the area into lanes, a. can be adapted to any number of police personnel. b. is intended to be used only with one officer. c. works well inside. d. must always be used with a traffic director. 3. Which of the following is not a goal of a search during an investigation? a. to establish that a crime was committed b. to establish when the crime was committed c. to identify who committed the crime d. to punish the offender 4. Which of the following do investigators not need to know in order to conduct an effective search? a. the legal requirements for searching b. the identity of the offender c. the elements of the crime being investigated d. the items being searched for 5. The Fourth Amendment to the U.S. Constitution forbids what type of searches and seizures? a. illegal c. unreasonable b. unsupervised d. undercover 6. In which of the following cases is a search not legal? a. The search is incidental to a lawful arrest. b. An officer stops a suspicious person and believes the person to be armed. c. An emergency exists. d. An officer conducts...
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...District Progress Monitoring Exam. The words in italics are suggested related concepts for your study. Fall 2013 DPM: End of Sem – AP Govt Blueprint of TEKS (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected...
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...Law Assignment Question:- 15. The majority opinion in Mapp v. Ohio (1961) ____________.a a. admitted that the exclusionary rule, although necessary, violated common sense b. overruled Boyd v. U.S. (1886) c. relied on the imperative of judicial integrity d. incorporated the substantive rule of the Fourth Amendment 18. Illegally seized evidence or statements may be introduced or used for each of the following hearings or purposes, EXCEPT ___________. a. alien deportation b. formulating a grand jury question c. impeaching a witness d. parole revocation 19. Each of the following statements regarding the majority opinion in United States v. Leon (1984) is correct, EXCEPT ____________. a. the Fourth Amendment is not concerned with constitutional violations by judges b. deterrence is the only reason for the exclusionary rule c. the search in the case violated the Fourth Amendment d. the exclusionary rule exacts substantial social costs 20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________. a. Spinelli crossed a bridge every day and went to the same apartment b. Spinelli had a reputation as a “bookie” c. the apartment had two telephones d. Spinelli’s bookmaking calls were recorded 23. An argument used in courts to oppose the “plain feel” rule was ____________. a. extending reasons to justify police searches undermine civil liberties b. the sense of touch is not as sensitive as...
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... A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii)...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...The DO s Dr. Andrew Taylor Still, 1828 –1917 THE DOS OSTEOPATHIC MEDICINE IN AMERICA Second Edition NORMAN GEVITZ The Johns Hopkins University Press Baltimore & London © 1982, 2004 The Johns Hopkins University Press All rights reserved. Published 2004 Printed in the United States of America on acid-free paper 246897531 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu Library of Congress Cataloging-in-Publication Data Gevitz, Norman. The DOs : osteopathic medicine in America / Norman Gevitz.–2nd ed. p. ; cm. Rev ed. of: The D.O.’s. c1982 Includes bibliographical references and index. ISBN 0-8018-7833-0 (alk. paper) — ISBN 0-8018-7834-9 (pbk. : alk. paper) 1. Osteopathic medicine—United States—History. [DNLM: 1. Osteopathic Medicine—history—United States. WB 940 G396d 2004] I. Gevitz, Norman. D.O.’s. II. Title. RZ325.U6G48 2004 615.5′33′0973—dc21 2003012874 A catalog record for this book is available from the British Library. Frontispiece courtesy of the Still National Osteopathic Museum, Kirksville, Missouri. For Kathryn Gevitz This page intentionally left blank CONTENTS Preface & Acknowledgments ix Chapter 1 Andrew Taylor Still THE MISSOURI MECCA IN THE FIELD 39 1 22 Chapter 2 Chapter 3 Chapter 4 STRUCTURE & FUNCTION EXPANDING THE SCOPE 54 69 85 Chapter 5 Chapter 6 THE PUSH FOR HIGHER STANDARDS A QUESTION OF IDENTITY The California Merger 101 115...
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