320 10/27/13 This weeks assignment is about the Origins of American Criminal Law. In my paper I am going to talk about the fourteenth amendment to the US Constitution. The Fourteenth amendment talks about the rights guaranteed privileges and immunities of citizenship, due process, and equal protection. In section one of this amendment it states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States
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AnRachel Breuer An American History of Freedom Throughout history, the word “freedom” has taken on many definitions. After all, freedom is a relative concept in general. There is no one set definition, as the word itself changes over time and is based off the society in which the word is being applied. As Eric Foner points out, “The Story of American freedom is not simply a saga of a fixed set of rights to which one group after another has gained access, but a tale of debates, disagreements and
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first amendment protects the rights of all people by stating, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Students that have the opportunity and greats benefits of attending public school systems in America have rights that are protected by the twenty-seven Amendments. However
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test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without a warrant would fall under the exigent circumstance exception to the Fourth Amendment. He believed that the longer it took to have the blood drawn the true level of alcohol in the defendant's bloodstream would dissipate. McNeely's blood alcohol concentration (BAC) came back at 0.154% well over the legal limit of 0.08%, and he was
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test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without a warrant would fall under the exigent circumstance exception to the Fourth Amendment. He believed that the longer it took to have the blood drawn the true level of alcohol in the defendant's bloodstream would dissipate. McNeely's blood alcohol concentration (BAC) came back at 0.154% well over the legal limit of 0.08%, and he was
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of Gun Control Laws “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” The second amendment to the United States Constitution is one that couldn’t be clearer. Despite the fact of the obvious language of the 2nd amendment the right for American citizens to bear arms is being taken away one “gun control” law at a time. Our forefathers built this country by the use of weapons to break free from the British
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statutes would include Americans with Disabilities Act (ADA), Age Discrimination Act (ADEA), Equal Pay Act (EPA), and Title VII of the Civil Rights Act, Executive Order 11246, and the Vocational Rehabilitation Act. Religion The first amendment to the United States Constitution states in part “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” (Author Unknown, 1791). This statute has been at the root of a number of legal issues
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Criminal Law in Action Final Project: Arson Michigan v. Tyler, 436 U.S. 499 Arson: Michigan v. Tyler, 436 U.S. 499 Michigan v. Tyler was decided in 1978. This was the first arson case to go to the Supreme Court. Only a few defense attorneys read the case briefs which made the fire investigator’s job easier. Before this decision search warrant at a fire was unheard of. Loren Tyler and Robert Tompkins leased a furniture store, Tyler’s Action, in Oakland County, Michigan. On January 21st
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Langston American Intercontinental University Abstract This paper examines the many factors of search warrants it will examine the process by which a search warrant may be applied for and issued, focusing on the requirements of the Fourth Amendment. This paper will also describe probable cause and the standard by which the cause is fulfilled. In addition, it will describe and discuss at least two forms of searches that do not need a warrant. Also discussed in the study is warrant less searches
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III. MEYERS LACKS STANDING TO CHALLENGE THE WARRANTLESS ENTRY OF MARCY’S APARTMENT An individual must have "standing" for Fourth Amendment protection against unreasonable search and seizures. (Rakas v. Illinois (1978) 439. U.S. 128.) A court cannot suppress evidence unless a defendant establishes a legitimate expectation of privacy in the place being searched. Id. Accordingly, the defendant has the burden of proof to establish standing. (People v. Ooley (1985) 169 Cal.App.3d 197.) In this case
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