Criminal Proceedings -- Probable Cause
The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an arrest" or conduct a search or get a warrant from a judge (www.law.cornell.edu). Most courts find probably cause a justifiable reason to issue a warrant when there is "…a reasonable basis for believing that a crime may have been committed" (www.law.cornell.edu). Moreover, when shown evidence that there is probable cause to believe an arrest should be made -- or a search warrant should be issued -- a judge will in most cases accept the "probably cause" component that is used by law enforcement to fight crime and terrorism.
Probable Cause
The Director of the FBI, Robert Mueller, testified in front of the Senate Judiciary Committee of the U.S. Senate in March, 2011, that if the…...
mlaWorks Cited
Law.Cornell. (2012). Probable Cause. Retrieved February 3, 2014, from http://www.law.cornell.edu .
National Paralegal. (2008). Exceptions to the Warrant Requirement. Retrieved February 3, 2014
from http://nationalparalegal.edu .
Taslitz, A.E. (2013). Cybersurveillance without restraint? The meaning and social value of the probable cause and reasonable suspicion standards in governmental access to third-party electronic records. The Journal of Criminal Law & Criminology, 103(3).
This is true because of the following: Computer storage devices (hard disks, diskettes, tape, and removable drives) can store the equivalent of thousands or millions of pages of information. When users desire to conceal criminal evidence, they often store the information in random order with deceptive file names. Directories and subdirectories that contain these files can also be electronically hidden from normal view. Special forensic software is required to detect these hidden directories. This requires that searching authorities examine all the stored data to determine whether it is included in the search warrant. This sorting process can take weeks or months, depending on the volume of data stored. This would make it impractical to attempt this kind of forensic analysis on site at the time of search warrant execution. Searching computer systems for criminal evidence is a highly technical process requiring expert skills in a properly controlled environment. The…...
Cause
A warrant may or may not be required to arrest the defendant when the officer has probable cause to believe that the defendant has committed armed assault, and probable cause to believe that the defendant is hiding in a third person's garage. A warrant is not required to arrest a defendant for a felony that an officer has probable cause to believe the defendant committed. Additionally, a warrant is not required to enter a third person's garage if the officer has probable cause to believe that the defendant does not have the owner's consent to be in the garage, as his presence there for the purpose of evading the police constitutes burglary. The officer may enter the garage without a warrant if he believes the defendant's presence there is a threat to another person. A search warrant is required if the officer does not have probable cause to believe…...
mlaWorks cited
Alai. Search Warrant. Wikipedia. 28 March 2005
http://en.wikipedia.org/wiki/Search_warrant
Exigent Circumstances. The 'Lectric Law Library.
The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires reasonable belief as opposed to reasonable certainty. Thus, probable cause is supposed to be a stronger standard of evidence than reasonable suspicion. but, the difference between what constitutes reasonable certainty vs. reasonable belief is often highly subjective. In some instances of probable cause there is specific evidence of a crime such as fingerprints or evidence in plain view, but in other instances the context of a situation comes into play and this is where the line between probable cause and reasonable suspicion becomes blurred. For example, hearsay evidence or suspicious activity can support probable cause in instances where there are reliable sources or other evidence that increase the degree of certainty…...
Cause lead world war.
In spite of the fact that it happened almost a century ago, the First orld ar continues to intrigue people as a consequence of the forces involved in it, as a result of the catastrophic number of casualties, and generally because it demonstrates the fact that people are (or at least, they were) unhesitant about committing great crimes in order to impose their absurd thinking on others. It is difficult to determine whether the motives behind the war can be considered reasonable, especially given the fact that Europe had been in a state of turmoil years before the Austro-Hungarian heir, Archduke Franz Ferdinand of Austria, was assassinated.
One cannot simply consider causes when dealing with the reasons for which the First orld ar commenced. The conflict's causes alone are impossible to understand when given the numbers associated with it. "Some 61 million troops of 16 nations were directly…...
mlaWorks cited:
Bloch, Camille, The Causes of the World War An Historical Summary, trans. Jane Soames (London: George Allen & Unwin, 1935)
Higham, Robin and Showalter, Dennis E. eds., Researching World War I: A Handbook (Westport, CT: Greenwood Press, 2003)
"World War I," The Columbia Encyclopedia, 6th ed.
Causes of Juvenile Delinquency
Criminal Justice
The problem of juvenile delinquency is becoming more complicated and universal, and crime prevention programs are either unequipped to deal with the present realities or do not exist. Many developing countries have done little or nothing to deal with these problems, and international programs are obviously insufficient. Developed countries are engaged in activities aimed at juvenile crime prevention, but the overall effect of these programs is rather weak because the mechanisms in place are often inadequate to address the existing situation. On the whole, current efforts to fight juvenile delinquency are characterized by the lack of systematic action and the absence of task-oriented and effective social work with both offenders and victims, whether real or potential. Analysis is further complicated by a lack of international comparative data. (WY, 2003) The paper is a meditation and investigation of the causes of juvenile delinquency. While it is a…...
mlaReferences:
Ali, M. (2008). Youth Crime: Causes and Remedies. Munich Personal RePEc Archive, 17223, Available from: http://mpra.ub.uni-muenchen.de/17223/ .
Chowdry, I.A., Khan, M.M., & Uddin, I. (2012). Causes and Consequences of Juvenile Delinquency in Bangladesh: A Sociological Analysis. International Journal of Social Science Tomorrow, 1(4), 1 -- 11.
Loeber, R. (1990) Development and risk factors of juvenile antisocial behavior and delinquency. Clinical Psychology Review, 10, 1 -- 41.
Tigar, Michael E. "What Are We Doing to the Children?: An Essay on Juvenile (In)justice." Ohio State Journal of Criminal Law, Vol. 47, No. 849, 849 -- 866, 2010.
That on June 5, 2005, Mr. A did willingly state that the robbery was perpetrated by Mr. A on June 3, 2005, and that Mr. A is in possession of the additional items taken as proceeds of the robbery. The proceeds are located in the bedroom at Mr. a's home, located at 678 Oak Street, Collingswood.
That based upon the above, I believe there exists probable cause to believe there are presently jewelry, and evidence of their possession, in the home of Mr. a, 678 Oak Street, Collingswood, which are evidence of the fruits and instrumentalities of violations of Texas Penal Code, Chapter 26, Section 29.03(2) and, Chapter 26, Section 31.03(5).
John Smith
Detective
Collingswood Police Department
SUSCRIED & SWORN to before me on this ____ day of
Superior Court Judge
TIME:
ibliography
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.
Supreme Court of the United States. (June 10, 1968). John…...
mlaBibliography
Hall, Kermit L. And David Scott Clark. (2002). Oxford Companion to American Law. Oxford: Oxford University Press.
Supreme Court of the United States. (June 10, 1968). John W. Terry, Petitioner, v. State of Ohio. 392 U.S. 1, 88 S.Ct. 1968.
Supreme Court of the United States. (June 21, 1990). Illinois v. Rodriguez. 497 U.S. 177, 110 S. Ct. 2793.
Supreme Court of the United States. (June 8, 1983). Illinois v. Gates. 462 U.S. 213 (1983).
noble cause" and how it relates to law enforcement daily? What positives and negatives can you identify? How can organizations control the "noble cause"?
The 'noble cause' of law enforcement is to uphold public safety. The idea that the highest good of law enforcement is to protect the public can be useful and important in the manner in which it motivates police officers to realize that they have a higher duty. When there is violence or crime, officers must run into danger, versus away from it like ordinary people. However, with this idea there are many profound, problematic implications. The idea that the cause is so noble that nothing can get in its way can act as psychological self-justification for officers to violate the law. When this occurs, no one benefits because evidence can then be thrown out of court, if it was obtained in violation of the suspect's civil…...
mlaReferences
Benoit, Carl A. (2011). The public safety exception to Miranda. FBI Bulletin.
Retrieved; https://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest
High court allows warrantless search. (2011). Boston.com. Retrieved:
reasonable cause when it comes to stop and frisk. The writer argues that because of the increased threat of domestic terrorism the laws should be change so that reasonable cause is no longer required for stop and frisk actions. There were eight sources used to complete this paper.
Several years ago Britain took a significant step in its war on terrorism when it changed the laws regarding mandated criteria for stop and search. In an unprecedented move the British government changed the law so that police officers do not have to have reasonable cause to stop and frisk. The new powers given to police allow them to stop anyone, anywhere at anytime to frisk and search. Britain did this in an effort to fight the ever growing threat of domestic terrorism. If the person in question refuses to allow a search they can be arrested, jailed and fined for that…...
mlaReferences
KEN GUGGENHEIM, Associated Press Writer, Senate May Change Surveillance Rules., AP Online, 06-26-2002.
1996, The Washington Post, TERRORIST FEAR DRIVES BRITISH SEARCH LAW PARLIAMENT GRANTS POLICE STOP, FRISK POWERS TO DETER TERRORISM., St. Louis Post-Dispatch, 04-07-1996, pp 05B.
KEN GUGGENHEIM, Associated Press Writer, Senate May Change Surveillance Rules., AP Online, 06-26-2002.
Martha T. Moore, Police commissioner sees a changed New York., USA Today, 11-12-2001, pp 02A.
Signs and Symptoms of Stroke
Patients with stroke symptoms are advised to seek out for emergency cure without any dilly-dallying. Definite signs of a stroke rely on the kind of stroke. However all kinds of stroke share several attributes. Warlow (1996, p.2) stated that cerebral embolism stroke generally comes on rather abruptly and is extreme right from the beginning. On the other hand schemic strokes signs consist of reduced vision in one eye or both eyes and stern headache. Other symptoms include feebleness, numbness or facial paralysis or arm and leg paralysis which are normally restricted on one side of the body.
Furthermore, other symptoms of schemic strokes include faintness, stability or coordination failure particularly when pooled with other signs. Hemorrhagic strokes are a bit different and the signs include loss of realization, distorted mental condition and seizure. Other signs include vomiting or stern nausea and extreme hypertension. Lastly, the affected person…...
mlaReference List
American Heart Association and American Stroke Association (n.d.). Stoke diagnosis
Retrieved May 14, 2010, from http://www.americanheart.org
Caplan, L. R, Dyken, M.L., & Easton, J.D. (1996). American Heart Association Family
Guide to Stroke Treatment, Recovery, and Prevention. New York: Times Books.
Causes of Unemployment and of Crime
The primary causes of the national unemployment rate and of a number of statistics that are involved with the rate of crime in the United States can be attributed to federal initiatives -- or the lack of such nationally-based measures -- that play a significant influence on these two highly valued concerns of American citizens. This statement certainly holds true for the national unemployment rate, which has consistently been above 8% for the past 29 months (and which is the longest streak of this sort since the Great Depression in the 1930s) (Associated Press, 2011). Due to what has widely been attributed to a global recession, the United States economy has been attempting to rise from a state of perceivable low status (in which its currency, the dollar, has been continually devalued, particularly in comparison to other international currency, such as the Euro). The…...
mlaReferences
Associated Press. (2011). "National Unemployment Rate Climbs to 9.2%." Retrieved from http://www.nj.com/news/index.ssf/2011/07/national_unemployment_rate_cli.htmlW
Haq, H. (2010). "U.S. Crime Rate is Down: Six Key Reasons." The Christian Science Monitor. Retrieved from http://www.csmonitor.com/USA/2010/0524/U.S.-crime-rate-is-down-six-key-reasons
orks Cited
Carney, Robert M.; Kenneth E .Freedland. (2009). Treatment-resistant depression and mortality after acute coronary syndrome. The American Journal of Psychiatry, 166(4), 410-7.
Retrieved April 27, 2009, from ProQuest Medical Library database. (Document ID: 1671559601).
Major depressive episode. (2009). DSM IV. Retrieved April 27, 2009 at http://www.mental-health-today.com/dep/dsm.htm
Franklin, Donald. (2003). Major depression. Psychology Info. Retrieved April 27, 2009 at http://www.psychologyinfo.com/depression/major.htm
Khaled, Salma M.; Andrew Bulloch, Derek V. Exner, Scott B. Patten. (2009). Cigarette
smoking, stages of change, and major depression in the Canadian population. Canadian Journal of Psychiatry, 54(3), 204-8. Retrieved April 27, 2009, from ProQuest Medical
Library database. (Document ID: 1673587981).
Levinson, Douglas. (2005). The genetics of depression: a review. Biol Psychiatry.
Retrieved April 27, 2009 at http://depressiongenetics.med.upenn.edu/DLResearch/Levinson_GeneticsDepression.pdf
Marrie, A.; R. Horwitz, G. Cutter, T .Tyry, D. Campagnolo, & T. Vollmer. (2009). The burden of mental comorbidity in multiple sclerosis: frequent, underdiagnosed, and undertreated. Multiple Sclerosis, 15(3), 385-92. Retrieved April 27, 2009, from ProQuest Medical Library database. (Document…...
mlaWorks Cited
Carney, Robert M.; Kenneth E .Freedland. (2009). Treatment-resistant depression and mortality after acute coronary syndrome. The American Journal of Psychiatry, 166(4), 410-7.
Retrieved April 27, 2009, from ProQuest Medical Library database. (Document ID: 1671559601).
Major depressive episode. (2009). DSM IV. Retrieved April 27, 2009 at http://www.mental-health-today.com/dep/dsm.htm
Franklin, Donald. (2003). Major depression. Psychology Info. Retrieved April 27, 2009 at http://www.psychologyinfo.com/depression/major.htm
internet LOST CAUSE CONFEDERACY. Review descriptions (2) sources. Focus narratives related results CIVIL AR. "LOST CAUSE" a) From LOST CAUSE compare (2) narratives results CIVIL AR Americans developed Union states Confederate states.
There is much controversy with regard to the principal concept that caused the American Civil ar. Historians debate this issue frequently and some are inclined to believe that slavery was the main reason why the conflict occurred while others consider that it happened due to the growing Southern Nationalism in the seven states that seceded. "Soldiers fight for many reasons -- notably to stay alive and support their comrades in arms. The North's goal in the beginning was the preservation of the Union, not emancipation." (Slavery: Cause and Catalyst of the Civil ar) hen considering this theory, it would be safe to say that many soldiers that went to war at the time believed they were doing it…...
mlaWorks cited:
Glaser, L.S. "Post Reconstruction through 1920." Retrieved April 10, 2015, from http://www.vcdh.virginia.edu/solguide/VUS08/essay08a.html
Holt, M.F. "In Search of Southern Nationalism." Reviews in American History Vol. 8, No. 2 (Jun., 1980), pp. 234-239
"Chinese Exclusion Act (1882)," Retrieved April 10, 2015, from http://ocp.hul.harvard.edu/immigration/exclusion.html
"INDUSTRIAL REVOLUTION," Retrieved April 10, 2015, from http://www.history.com/topics/industrial-revolution
Entrapment Defense:
Case Brief One:
Sherman v. United States
Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately asked the defendant where he could obtain drugs because of the difficulties they were experiencing in overcoming addictions. While the defendant tried to avoid the issue initially, the government informant behaved like he was suffering and continued to ask for drugs. When the defendant finally gave in to the informant's demands, he got drugs from his own supplier and handed them to the undercover agent ("Sherman v. United States," 2012). The defendant was previously convicted by a Federal district court for selling narcotics on the basis that his initial hesitance to agree to the informer's request did not indicate his reluctance to purchase the drugs.
Issue: The issue before the United States Supreme Court is whether the conviction of…...
mlaReferences:
Johnson, J. (1996, November 1). Law Enforcement by Deceit?: Entrapment and Due Process.
Retrieved August 11, 2013, from http://www.fee.org/the_freeman/detail/law-enforcement-by-deceit-entrapment-and-due-process#axzz2bdFrey9B
"The Role of State Intermediate Appellate Courts." (2012, November). Council of Chief Judges
of the State Courts of Appeal. Retrieved from National Center for State Courts website: http://www.sji.gov/PDF/Report_5_CCJSCA_Report.pdf
Heat Exchanger upture Incident
Using the information in the CSB Case Study, identify probable direct causes, contributing causes, and root causes of the incident. Explain the reasoning you used to reach these causes. You may make assumptions concerning any missing investigative information as long as you clearly state your assumptions. Discuss how and where your proposed causal factors fit into the causation model on page 356 of the course textbook. For the root causes only, provide recommended corrective actions.
The United States Chemical Safety and Hazard Investigation Board (CSB) is an independent federal agency tasked with protecting workers and the public by investigating and preventing chemical accidents, and after each investigation is completed a comprehensive case study is released to detail probable causes and proposed responses. When an ammonia heat exchanger ruptured and released deadly gas inside Houston's Goodyear Tire and ubber Company plant on June 11, 2008, an incident which killed…...
mlaReferences
American Society of Mechanical Engineers (ASME). Boiler and Pressure Vessel Code, Section
VIII, Division I, 2004
USCSB. U.S. Chemical Safety and Hazard Investigation Board, (2011). Case study: Heat exchanger rupture and ammonia release in houston, texas (one killed, six injured) (2008- 06-I-TX). Retrieved from Government Printing Office website: http://www.csb.gov/assets/document/Case_Study.pdf
The Presumption of Innocence: A Cornerstone of the Criminal Justice System
The presumption of innocence is a fundamental principle deeply embedded in the criminal justice systems of many nations. It serves as a critical safeguard for the rights of individuals accused of crimes, ensuring a fair and impartial process. By recognizing the presumption of innocence, the system places the burden of proving guilt squarely on the prosecution, rather than requiring the accused to demonstrate their innocence.
Historical Origins and Philosophical Underpinnings:
The roots of the presumption of innocence can be traced back to ancient legal systems, including Roman law and English common law.....
Role of Law Enforcement in the Legal System
Law enforcement officers are responsible for investigating crimes, apprehending suspects, and enforcing the law. They play a critical role in the legal system by:
Preventing crime: Law enforcement officers patrol communities, respond to calls for service, and conduct investigations to deter and prevent crime.
Investigating crimes: When a crime occurs, law enforcement officers gather evidence, interview witnesses, and identify suspects. They build a case to establish probable cause for arrest.
Apprehending suspects: Law enforcement officers locate and arrest suspects based on evidence and probable cause. They also ensure the safety of the public....
Balancing Public Safety and Constitutional Rights in the Criminal Justice System
The criminal justice system plays a crucial role in maintaining public safety and protecting citizens' fundamental rights. However, achieving a harmonious balance between these two objectives can present significant challenges. This essay will explore the key considerations and innovative approaches employed to strike this delicate balance.
Understanding the Interdependence of Safety and Rights
Public safety and Constitutional rights are not mutually exclusive concepts. Effective policing and the protection of individual liberties are intertwined and essential for a just and equitable society. When citizens feel safe, they are more likely to cooperate with....
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