...There have been many cases where police justified force are commonly being labeled as ‘brutality’ when it should not be. Police brutality is the most common factor that has been going around in our society today. Not only those who pays close attention to the news daily about crimes and police officers doing their jobs, but those who cares about the situations that goes on in those crimes. It is not repulsively to rewind those crimes and see who was in the wrong first. For those who mistakenly blame the officers for killing those that had attacked them first are unacceptable to understand the situation. Not often do people see officers killing people for no reason; there is always a reason behind every crime of why an officer must have killed that person in the crime scene. It could be that the victim chose to attack the officer first and attempt to kill them; or maybe the victim had a mental issue to think killing the officer will be satisfying to them. The answer remains unknown for every crime scene that happens to deal with this “brutality” that people speak of. Clearly,...
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...their lives, and with that it comes with rights as an American citizen. The U.S Constitution consist of the Preamble, Articles one through seven and the Amendments, which are rights that are supposed to protect all Americans citizens for whichever gender, class, or ethnicity. As citizens of this country we should know our rights and use them to protect, and educate ourselves. What is the U.S Constitution? The Constitution is what creates the government and gives power among the representatives and the people. It provides us rules and regulations so no one can abuse their power, or gain too much. What are our rights? Our rights as citizens we’re allowed to mole this country as a democracy and unite one another to better the lives of the people. We can do this by voting not just men but women also which is the 13th Amendment. In the years 1848-1920, women struggled being heard, taken serious, and taking a position man would usually do was unheard of. So, when the 13th Amendment was created that was the jump start of new opportunities for women and they finally got recognized for their achievements and...
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...an interview with Justice Tom C. Clark one of the nine Justices for the United States Supreme Court. The case Miranda v. Arizona was argued February 28, March 1st, and 2nd 1966 the decision was June 13th, 1966. The vote was 5 to 4 in favor of Miranda v. Arizona. Q. Where did this case originate? Mr. Justice Clark Miranda v. Arizona originated in Phoenix Arizona, when Ernesto Miranda an immigrant was arrested for kidnapping and rape, he was taken into custody and question for two hours by police until he confessed. What the police did was not inform Mr. Miranda of two rights he is entitled to. The 5th and 6th Amendment, the right to protect himself against self-incrimination and the right to have counseling. The case went to court, the prosecutor used his confession as evidence along with other evidence. Miranda was convicted and sentenced for 20 to 30 years in prison. Q. Were there any other cases similar to this being considered by the United States Supreme Court? Mr. Justice Clark Yes three others Virgira v. New York, Westover v. United States, California v. Stewart, all three of these cases were based on the accused were not informed of their 5th and 6th amendment rights of remaining silent, and the right to counsel. Q. Just how did the case of Miranda v. Arizona get to the U.S. Supreme Court? Mr. Justice Clark Anyone convicted of a crime has the right to appeal the conviction if they believe a legal error occurred. Usually there are only two challenges where legal...
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... |Legal requirements |Precedent |Other | |Arizona |The legal requirements for |Brown v. Illinois takes |The Private Safety Exception | | |obtaining admissible statements |precedent over the admissibility|states that when a suspect is in| | |under the Arizona law, according|of a statement, if the Fourth |need of medical help statements | | |to (Arizona Revised Statues, |Amendment is violated, then any |may be admitted even if the | | |Rules of Criminal Procedure, |material or evidence, which was |Miranda law was violated in | | |Rules of Evidence & More, n.d.),|gained from the violation of the|order to save that person’s | | |“admissibility statements under |Fourth Amendment, is also |life. | | |oath by a party or witness |inadmissible. | | | |during a previous judicial | | | | |proceeding or a deposition under| | | | |Rule 15.3 shall...
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...Police Misconduct Response Police brutality is the use of excessive force by a police officer and can be physical attacks, verbal attacks, or psychological intimidation. Police brutality is often triggered by disrespect towards the police officer. Police corruption is a form of police misconduct that is used by police to obtain personal gain, financial benefits, or career advancement. Police misconduct are when police officers take inappropriate actions in their official duties, which can lead to an innocent person being punished for a crime they did not commit or miscarriage of justice, and often involves discrimination. The relationship between police brutality, police corruption, and police misconduct are that they are all abuses of authority and violations of federal and state laws, or violations of the constitutional rights of the individual. There are many safeguards in place to protect individuals from abuse by police officers, such as Miranda rights that prevent officers from illegally obtaining information from the suspect during an arrest, the fourth amendment that protects the individual from illegal search and seizure and use of unlawful force, justification protects public from police abuse by limiting the times an officer is able to use force, and the fourteenth amendment protects the individuals rights to due process. These are all ways to protect the rights of the individual. Other ways that may decrease police brutality, misconduct, and corruption is to...
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...Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant’s statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE...
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...An interview within court systems 504 8/31/2015 William Miller An interview within court systems The interview will discuss, with one of the United States Supreme Court judges named Tom C. Clark. The case that it will be about is the Miranda V. Arizona case, which took place in February through March within 1966 the ruling, came out in June of 1966. In the ruling of the case of the case a five to four vote, which the decision went to Miranda v. Arizona in the case (Hendrie, Edward M, 1997). Q. the origins of where this case located Justice Tom C. Clark. The case of Miranda V. Arizona located, within the city and state of Phoenix Arizona the 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...
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...you are replying in the subject line. For example, "Tom's response to Susan's comment." Yes I do feel that I have been discriminated against. At the age of 18 I was falsely arrested. I went to my father’s house to use his internet to fill out a resume because I was going to be starting a new job. When I was done I started to make my way to my mother’s house when I was pulled over by the police. They came out guns drawn which confused me. They proceeded to arrest me. They did not even read me my Miranda Rights. I was booked and thrown in a cell for the entire weekend. My family was not notified. I was told that I matched a black male with black on in a dark colored sedan. When I was release the following Monday I was treated like it was my fault that I was in there in the first place. I do think that certain groups do need protection however, I believe that it is some of our supposed protectors who inflict such things as racial profiling, unnecessary force, and brutality. What are we to do to correct...
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...policing for crime prevention like neighborhood watch, and social institution programs for youth (Johnson, & Wolfe, 2003). Community –policing also invests and synchronize in the promotion of processions, problem solving, militia-cultural competency, analysis of problems, alleviations, interconnections, resolutions for conflicts, and initiative identification. Disorder and criminal acts were the primary mission that Peel constructed as part of his principles which are; 1.) The first principle suggests officers need to be trained as military soldiers, for the purpose of staying organized and efficient while patrolling communities. Officers need to interact with outside sources for criminal activity as tips, and never engage in police brutality, but work with the community for a sense of stability. 2.) The second principle suggest officers are directed from government state and federal laws influence, if a witness wants to provide information on a case, the documentation must be noted, whether the officer is in agreement or not with it. 3.) The third principle suggests that if there is no...
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...The Legal Handbook, the Manual of Investigative operations and Guidelines (MIOG) and the Manual of Administrative and Operational procedures (MAOP). Overview: If an accused wishes to provide incriminating statements the most important requirement is that is has to be voluntary. Every accused individual has a legal right to receive a Miranda warning, which warns him of his constitutional rights, this means that he has a right to have a lawyer present and a right to remain silent. Basically everything that he says can and will be used against him. If a suspect in custody wishes to remain silent or wants an attorney after being advised of his right all interrogations must come to an end at that time. If the person is under custody in a foreign country, he must be given the usual warning of rights under the American Federal Law. (Legal Handbook, 2003) If a conviction is made based on involuntary statements it is a denial of the accused’s rights to due process of law without considering if it is true or false. Statements are not allowed to be obtained based on threats, promises, physical violence, brutality, duress or intimidation of individuals. The liberties and rights guaranteed to all individuals by the constitution must be defended at all times. (MAOP, 2007) If this is still the case it will result in undermining the legitimacy of a conviction. Violence in the Past: Even though it is not acceptable it is not a surprise that physical abuse was highly used in the past. From the...
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...Police and Law Enforcement In the United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for an arrest, when criminal charges are being considered. It is also refers to the standards which a grand jury believes that a crime has been committed. The term comes from the Fourth Amendment of the United States Constitution. In the criminal arena probable cause is important in two respects. First, police must possess probable cause before they may search a person or a person’s property, and they must possess it before they may arrest a person. Second, in most criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted. There are some exceptions to these general rules. Police may briefly detain and conduct a limited search of a person in a public place if they have a reasonable suspicion that the person has committed a crime. Reasonable suspicion is a level of belief that is less than probable cause. The requirement of probable cause for a search and seizure can be found in the Fourth Amendment to the U.S. Constitution. Probable cause can exist even when there is some doubt as to the person’s guilt. Courts take care to review the actions of police in the context of everyday life, balancing the interests of law enforcement against the...
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...by nature will instinctively do anything to ensure the security of his or her survival. Regardless if an individual is guilty or not the possibility of meeting consequences for his or her actions will almost always sway the individual to deny said actions to prevent the consequences from happening. Law enforcement personnel walk a fine line with regard to the use of deception, to find the truth. This paper will analyze the code of ethics in comparison to law enforcement procedure, and the role of nonverbal communication play with regard to detecting deception. The Ethics of Deception Ethical and moral behaviors are characteristics that individuals have but not all individuals have the same degree of moral ground. Everyone has the right to free choice and free-thinking, which are the foundation of the pursuit of happiness, life, and liberty. Within the context of free choice, humans have the choice of telling the truth or lying. Truth is usually only given freely when the foreseen benefit exists; otherwise most individuals will resort to a lie. By nature, humans do not want to experience pain, harm, or anything that may restrict individual freedoms. For individuals who violate laws, social norms, or otherwise commit an act, which will resort in a consequence, lying is a rational choice to prevent said consequences. People who lie often have an increasing sense about his or her surroundings, non-verbal communication presence, and internal thought process. These actions...
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...truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the free will to think, which these are the basis for an individual to reach pursuit of happiness for an individual right and their life. Individuals only tell the truth when there is a benefit within it for them. However, it there is no benefit in it for them they will use the tactic of lying within a situation. Within the human being nature, people do not want to have to the occurrence where...
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...truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the free will to think, which these are the basis for an individual to reach pursuit of happiness for an individual right and their life. Individuals only tell the truth when there is a benefit within it for them. However, it there is no benefit in it for them they will use the tactic of lying within a situation. Within the human being nature, people do not want to have to the occurrence where...
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...Andy Abstein Professor: Ortiz Patrol Functions 2 December 2012 Ethical Law Enforcement I chose this subject because I feel that before embarking on a career in law enforcement it is fundamental to understand how to play by the book without getting ostracized by ones peers. The purpose of this paper is to outline proper behavior while paying attention to factors that will effectively limit corruption. The law enforcement oath of honor is as follows. “On my honor, I will never betray my badge, my integrity, my character, or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution my community and the agency I serve.” On a daily basis police officers risk their lives to protect citizens and defend liberty. It is a noble and selfless occupation that makes a difference in the quality of life. Before taking the Law Enforcement Oath of Honor it is important to comprehend its meaning. Honor, means your word is given as a guarantee, Betray is breaking faith with the public trust, Badge is your symbol of office, Integrity is adhering to the same code of conduct in private life and public duty, Character is distinguishing qualities of an individual, Public Trust is the faith of those you serve that your conduct will be ethical, Courage is strength against danger fear and non-ethical pressure, Accountability You answer to the office of your oath and are...
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