...Travis Calloway Criminal Law LE 1430 Unit 3 Assignment 1 Mr. Ashour Ebrahim October 8, 2012 Entrapment Entrapment occurs when a government agent induces a person to commit a crime he or she otherwise would have been unlikely to commit. In order for entrapment to be used as a defense in trial there are three conditions it must meet: 1) The idea for committing the crime came from the government agents and not from the person accused of the crime. 2) Government agents then persuaded or talked the person into committing the crime. Simply giving someone the opportunity to commit a crime is not the same as persuading them to commit that crime. 3) The person was not ready and willing to commit the crime before interaction with the government agents. In chapter 5 practicum 5.7 I believe that the defendant was not set up for entrapment. All the officer did was simply pretend to be drunk and had money hanging out of his pocket like any other drunk fool might. He had no interaction with the defendant nor did he try and persuade him in anyway. The defendant left then returned 15 minutes later with the intent on robbing the officer. He did not have to return but he chose to do so therefore he planned on robbing that officer so that shows the criminal intent was there. In practicum 5.8 I think that the drug dealer was set up for entrapment. When the informant tried to get some LSD the drug dealer said no. But even after being rejected the informant keeps calling and...
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...Term paper We hope you've been enjoying your free 30-day trial membership to Business Advantage Pro. As you've likely discovered, there are many advantages for new and existing business owners to grow and manage your business. In case you haven't tried every member benefit yet, here are a few you won't want to miss: • | Quick and easy access to an attorney. Simply go to the Member Center to submit a request, and in 1 business day, we'll either call you to set up a time to talk to an attorney or an attorney will call you directly | • | Unlimited attorney consultations. Ask any questions that come up on new business or personal matters–from business license issues and employee-related issues, to last wills and living trusts | • | Business start-up consultation. If you're unsure where to begin, this time with an attorney to go over start-up basics is well spent | • | Unlimited business form downloads. Including non-disclosure, independent contractor, website maintenance agreements, and more | With a significant discount on additional attorney services and a discount on any other LegalZoom product*—whether business or personal—Business Advantage Pro is a worthwhile investment in your company's future. Click here to log in to My Account, then click Member Center under Order Summary to request a consultation. In two weeks, your trial membership will expire and you will be automatically billed $29.99 per month unless you cancel. You can cancel or ask questions by calling...
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...➢ Style of Case and Citation: Wal-Mart Stores Vs. Johnson 106 S.W.3d 718 (Tx.2003) ➢ Court Rendering Final Decision: Trial Court ➢ Identification of Parties and Procedural Details: The plaintiff is Monroe Johnson. The defendant is Wal-Mart. Monroe Johnson is suing Wal-Mart based on injuries he sustained during an incident at Wal-Mart where a store employee dropped many reindeer on him. ➢ Discussion of the Facts: An employee of Wal-Mart dropped reindeer on Monroe Jackson. He sustained a cut on his arm and the employee bandaged him up. He may no threats of suing and stated he was fine. Hours later he was uncomfortable in his neck and his arm and could not sleep. He saw his physician the next day and was prescribed painkillers. Six months later still in pain he sued Wal-Mart. 17 months after the initial incident he finally had a surgery that fixed his neck. ➢ Statement and Discussion of the Legal Issues in Dispute: . The statements are that Monroe Jackson was injured at Wal-Mart. The manager took statements and photos; however, did not retain the reindeer that landed on the consumer. When the court was presented with the case there were two very different accounts of how large the reindeers were and it could not be accounted for. The court ruled in favor of Mr. Johnson on the basis that Wal-Mart did not retain the reindeer because it would have been detrimental to their case therefore causing fault against Wal-Mart. ➢ Subject...
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...attorneys, the defense attorneys and the prosecutors. The defense attorney is there to prove their client is innocent while the prosecutor is there to make sure that the defendant is found guilty of the charges that he is facing. While the defense attorney is trying to prove the innocence of their client the attorney or attorneys must find errors in a case to try and get a mistrial or try and build up evidence that the defendant was nowhere near the crime at the time it was committed so they are going to find alibies on where the defendant was at the time of the crime and they are going to try and get witnesses to vouch for the defendant. In cases there are prosecutors that have found evidence against the defendant and when the trial is in order and the prosecutor is cross examining a witness the defense attorney may...
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...Casipe,Clarence L. PHI11 SOSC106 Reflection Paper/Assessment on the film entitled “Double Jeopardy” The truth is unassailable. It may be worn down by the vile haze of this world and smote by all forms of injustices that man created for his own tragic plight- but at the end of the day- it prevails and unleashes a reverberation for the whole cosmos to make it known. This is evident in the film for it rendered that truth begets justice. Justice might be a fairytale that is deemed to be unviable for a distraught woman like Elizabeth Parsons, having convicted of a crime unimaginable beyond her sanity. Her life might took the 180-degree turn despairingly, but it also revolve drastically consenting her to winch up justice with her own hands and get her back on her feet- taking what are rightfully hers. Thanks to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution which states that "Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…", her long-time thirst for the verity was quenched and she has found new freedom. Indeed, she has been through the hardest ways and tightest spots to say that justice is served. On the other side of the story, appealing from what is reel to what is real- What are the odds that await those ill-fated ones convicted with the crimes that they never did? Not all people are as determined and fortunate as Elizabeth...
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...to drive truck and in January the engine blows up resulting in non operational • Dodson sued Shrader in sessions court on May 10,1988 • Shrader’s opt not to return the purchase price of $4900 although Dodson is willing to return the truck • Truck has a damage due to a hit and run while parked in front of Dodson’s house • Shrader ask for the difference in value from the purchase and the truck Decision of Case and Why The Court held that absent any overreaching, fraud, or unfair advantage on the part of the adult seller, a seller is entitled to reasonable compensation for the use of, depreciation, or willful or negligent damage done to goods sold, while such goods are in the minor’s possession. The Court remanded the case to the trial court to make factual determinations of whether there was any overreaching, and if not, to determine whether Plaintiff’s actions of parking the car on the side of the road and failing to get the truck fixed constituted gross negligence on behalf of Plaintiff. Opinion Responsibilities should always take part in any scenario even when dealing with minors. They need to take responsibilities for their possessions and actions. Dodson purchased the truck used it and knowing it had mechanical condition he continued to drive the truck,...
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...PAGE OF THE ASSIGNMENT AND SECTION NUMBERS FOR EACH GROUP MEMBER. LATE ASSIGNMENTS ARE NOT ACCEPTED. Attend the trial of your choice (civil or criminal) at the B.C. Supreme Court at the Law Courts at 800 Smithe Street, Vancouver for at least one hour and then answer the following questions in approximately 1,200 words. . DO NOT go to Chambers Hearings, Bail Hearings, Sentencing Hearings, Small Claims Court and cases that are being heard by the Court of Appeal. 1. Where possible, state the following regarding the trial you watched (this part may be answered in point form) * The name of the case (x v. y) * The date(s) you attended * The name of the Judge hearing the case * The names of the lawyers for each party * A brief summary of what was going on in the trial while you were watching. 2. From your observations and from what you have learned in class about trials, would you say that trials are more co-operative or adversarial in nature? 3. From your observations and from what you have learned in class would you say that the processes and procedures used by the courts are a good way to arrive at the “truth”? Explain, with reference to specific examples, from the trial you watched. If you don’t think the process is a good way to arrive at the “truth”, please provide possible alternatives. (Please remember that the trial will begin with an opening statement given by the plaintiff, then the plaintiff will begin direct examination of...
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...In reading part two of the text, we see that the parent company is attempting to ratchet up the pressure on the plaintiffs’ attorneys in an attempt to thwart their case. Pittston’s attorneys attempt to deny access to their insurance documents, which later in the case shows that the insurance company had reservations about covering possible liability for its’ Buffalo Creek Operations. Pittston’s attorneys the attempt the old “divide and conquer” move, where it pits two of the most labor intensive aspects of discovery (depositions both of the plaintiffs and Pittston execs). The deposition of the plaintiffs required actual depositions in one city and physical examinations/testing in another. These two simultaneous events were meant to divide the manpower of the plaintiffs’ attorneys, and through the rigors of the examinations/testing, demoralize the plaintiffs. This extremely cumbersome for the attorneys, it was also for the plaintiffs. However, in a stroke of good fortune, the judge awards the plaintiffs mileage and a stipend for food, etc…and orders Pittson to pay for their hotel rooms. In another stroke of good fortune, the depositions depict the horror and terror survivors felt during the disaster. Each successive deposition is more graphic than the next. This is as upsetting for the plaintiffs to recall, as it is for opposing counsel to hear and record. But, as a matter of official record, these horrific tales lend credence to the mental anguish claims, but also gives...
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...Court Issues Analysis Introduction Some courthouse issues that are taking place in this day and may be around in the future are due process and the crime control model, violence in the courthouse, language interpretation, and the dilemma of delay. Some other courthouse issues include should the exclusionary rule be banned, and does plea bargaining belong. Courts and their Administrators’ Current and Future Issues Due process is a citizen’s right to justice same as when a person is presumed innocent, which protects the accused rights. With due process, each court case must involve formal fact finding(s) to uncover mistakes that were made by police and/or prosecutors. The crime control model is a breakdown of a person responsibility and defendants are presumed guilty. There are two types of courthouse violence. One of them is non-targeted violence, which involves an individual who does not have any intention that he/she will act out and become violent. When this person act is this type of manner it is most likely because the outcome of the court case, that is when anger take over. The most violent incidents came from this type of courthouse violence. Targeted violence involves someone who intend on causing harm or starting something in the courthouse. This type of violence is obviously premeditated and the attacker normally tries to avoid any other confrontations because they want everything to go as planned and unnoticed. In order to make security better in courthouses...
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...to tell me when your case is called if in fact you want an attorney. 3. YOU HAVE THE RIGHT TO A REASONABLE BOND. 4. YOU HAVE THE RIGHT NOT TO TESTIFY AGAINST YOURSELF. 5. YOU HAVE THE RIGHT TO REFUSE TO ANSWER ANY QUESTION OR STOP QUESTIONING AT ANY TIME. 6. YOU HAVE THE RIGHT TO A JURY TRIAL, OR IN A MISDEMEANOR CASE A TRIAL BEFORE THE COURT, IF THE PROSECUTOR WILL AGREE. 7. YOU HAVE THE RIGHT TO A SPEEDY TRIAL AT WHICH TIME THE COMMONWEALTH WOULD HAVE TO PROVE YOUR GUILT, BEYOND A REASONABLE DOUBT. 8. YOU HAVE THE RIGHT TO CONFRONT AND CROSS EXAMINE ANY AND ALL WITNESSES CALLED TO TESTIFY AGAINST YOU. 9. YOU HAVE THE RIGHT TO PRODUCE ANY EVIDENCE ON YOUR BEHALF AND MAY ALSO COMPEL WITNESSES TO TESTIFY ON YOUR BEHALF BY THE USE OF THE POWER OF SUBPOENA. 10. IF YOU CHOOSE TO ENTER A PLEA OF GUILTY INSTEAD OF A JURY TRIAL, YOU WILL HAVE WAIVED THE RIGHTS I JUST LISTED AND WAIVED YOUR RIGHTS TO AN APPEAL. 11. IF YOU GO TO A JURY TRIAL, AND THE JURY RENDERS A DECISION, YOU WILL HAVE PRESERVED ALL OF YOUR APPEALATE RIGHTS. 12. IF YOU ARE CHARGED WITH A FELONY, YOU HAVE THE RIGHT TO A PRELIMINARY HEARING. I will give you the time for...
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...Punishment and Sentencing Abstract In general, a juvenile cannot be tried in an adult court. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. In juvenile courts, a juvenile is entitled to Due Process Rights that include a transfer hearing before trial in adult court, notice of charges, and assistance of counsel, amongst others. However, juveniles are not entitled to a trial by jury, mandatory presence of parents during interrogation, and right against preventative detention. Punishment and Sentencing In general, a juvenile cannot be tried in an adult court. Instead, crimes committed by juveniles are handled in special juvenile courts that have limited jurisdiction, which is determine based on the offender being under the age of seventeen and above a state defined minimum age. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. Under statutory exclusion, juveniles that are generally older and commit crimes of a serious or violent nature can be tried as an adult. Under a judicial waiver, the juvenile court judge has the ability to send the case to an adult court. State statutes guide the juvenile court judge in determining which cases can be judicially waived. In doing so, a juvenile court judge must hold a waiver hearing to give due process protections...
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...An appeal is when a person who is convicted of a crime or is told they can’t do a certain thing and the person submits questions in writing why this decision was made and wants the verdict and the case to be looked at another time. Most causes for an appeal is from people thinking they are innocent or have the right to do what they want where they want to do it. The way an appeals process can affect the overall criminal procedures or process is if the appeal gets looked at and the ruling from the previous judgment gets overturned. The reason the system is affected is it can set an innocent man free or let whoever continue on doing what they want to do. If someone is put in jail or prison for a crime they didn’t commit and they send up an appeal and it gets the ruling reversed it can mean that the case would be reopened because the person who actually committed the crime is still on the loose. It also interrupts the process of the system because everything that has been put in writing saying that this person was guilty has now got to be withdrawn from record. It also means that the person who is behind bars goes free. A good way to improve the appeals process is not letting them sit so long before being looked at. This is a big problem in some states and needs to be corrected. Even though forensic science has brought a lot of people to the surface that we would have otherwise not been able to convict. I think sometimes we depend on the computers of forensics to do too much...
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...MUST BE POSTMARKED NO LATER THAN NOVEMBER 21, 2011 Palmer Solicitation Call Settlement c/o GCG, Inc. P.O. Box 9713 Dublin, OH 43017-5613 Toll-Free: 1 (800) 465-4481 Control No: 2167189704 SPI *2167189704* Claim No: SPI7311123 *SPI7311123* LYNDA SNEAD 14924 LAPPIN DETROIT, MI 48205 REQUIRED ADDRESS INFORMATION OR CORRECTIONS If the pre-printed address to the left is incorrect or out of date, OR if there is no pre-printed data to the left, YOU MUST provide your current name and address here: Name: Address: City/State/Zip: INSTRUCTIONS AND INFORMATION THIS CLAIM FORM MUST BE COMPLETED AND POSTMARKED TO THE CLAIMS ADMINISTRATOR AT THE ABOVE ADDRESS NO LATER THAN NOVEMBER 21, 2011 To be eligible to share in the settlement benefits, you must be or have been an individual, non-government and non-business Sprint customer at any time from July 23, 2005 through June 13, 2011 who, while a Sprint customer: a) lived in Washington State and received from Sprint one or more pre-recorded commercial telephone solicitations; and/or b) lived in Washington State and received from Sprint one or more commercial telephone solicitations less than one year after advising Sprint or its agents that you did not wish to be called again by Sprint; and/or c) lived in the United States and received from Sprint one or more commercial telephone solicitations more than 30 days after advising Sprint that you did not wish to be called again by Sprint. For purposes of this Claim Form...
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...Amendment is the right to a speedy trial. A speedy trial means that the defendant has to be tried for the crimes the defendant was accused of doing in a reasonable amount of time after the defendant’s arrest. There are four circumstances when trying to find out if the case is following the speedy trial right: length of delay, the reason for the delay, the defendant’s affirmation of his right, and the prejudice to the defendant. The purpose of speedy trial is to set a certain limit on each case based on its complexity and seriousness. The Sixth Amendment: The Right to a Speedy Trial In the Bill of Rights, the Sixth Amendment is “In all criminal prosecutions, the incriminated has the right to a speedy and public trial, by an impartial jury of the State and district where the crime was committed in, which district shall have been previously confirmed by law, and to be informed of the nature and cause of the incrimination; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Alschuler, Jury: Legal Aspects)” One right that this amendment gives every United States citizen, is the right to a speedy trial. This means that the defendant has to be tried for the stated crimes he was accused of doing within a reasonable amount of time after being arrested for the crimes. In most states, they have laws that set a time in which the trial has to take place after charges are...
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...Case Brief 2 Stephanie Harvatt Court of Common Pleas of Pennsylvania, Philadelphia County. Judith HAIMES, Plaintiff, v. TEMPLE UNIVERSITY HOSPITAL, Defendant, No. 4408. Decided Aug. 7, 1986. FACTS: Judith Richardson Haimes was a professional psychic in Delaware who saw clients and also helped the local police department solve cold cases. One of her clients recommended she have a CT scan administered due to the fact that she had suffered from numerous tumors in the past. Mrs. Haimes went to Temple University Hospital for the CT scan and discussed her known allergies with her doctor. She informed Dr. Judith Hart she was allergic to the iodine dye that is usually administered to patients prior to the CT scan and had been cautioned to avoid iodine based dyes. Although Haimes told the doctor of her allergies, Dr. Hart proceeded to inject her with iodine in small doses. Dr. Hart stated she would inject little amounts at a time and would stop the injection if something were to happen. When the first few drops were administered,... ISSUE: Dr. Millman did not testify as an expert witness. He was neither qualified nor offered as an expert witness. In addition, he did not offer an expert opinion on a fact in issue OUTCOME: Yes, Harrington’s attorney had apparent authority to make the settlement agreement, thus the settlement agreement is enforcea ble against Harrington. The lower court’s denial of Harrington’s motion to restore his case is affirmed. REASONING: The...
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