Wrongful arrest due to seizure activity in public is a not uncommon complication for individuals with epilepsy and other seizure disorders, not caused by illicit behaviors. There are "2.3 million Americans living with epilepsy," (Guiden, 2003) all of whom at some time have experienced challenges associated with their disease and many of whom have been the victims of wrongful arrest and incarceration.
Yet, it seems that lack of awareness of the signs symptoms and the variety and degree of seizure activity can be the source of arrest and incarceration, that would coincide with those arrests made for such occurrences as drunken disorderly conduct or drug induced dementia. This work will address the problem of wrongful arrests for seizure-related behavior in public, the degree of the problem and some possible solutions to the problem.
In general peoples with seizure disorders have nearly always had to deal with concerns and conflicts associated with seizure…...
mlaResources
"Arrest for Seizure-Related Behavior," 2003,
'Epilepsy: Legal Issues," 2001, http://userpages.umbc.edu/~gbryan1/epilepsy/legal.htm http://www.epilepsyfoundation.org/answerplace/Legal/criminaljustice/arrest.cfm
Mathias, R.G., 1997, "Assisting Clients With Service Animals"
3) the method by which the search was conducted was outside of the directives that had been given by the school with regard to searching book bags and purses and using wands for students' bodies.
The fourth ranked issues were the fact that the substance in the pipe turned out to be cocaine. If the search is deemed illegal then we will have to accept a paraphernalia charge and argue against the possession of drugs charged with the argument that the pipe should not have been tested as it was gained as poisoned fruit.
When we prepare the defense we need to concentrate on the first issue which is the search itself.
Again, using the case of TLO v NJ the court found that the search of the student purse was unreasonable and a violation of the fourth amendment because the student had a cigarette in her hand, there was no need to…...
mlaReferences
T.L.O. v N.J. http://www.tourolaw.edu/patch/NewJersey/
Czubaj, Camilia Anne (1995) a legal analysis of school searches.
Journal of Education
Criminal Investigation: Article Reviews
Eligon, J. (2011). Police sergeant to get jail term for perjury and illegal searches. The New York Times. Retrieved from: http://www.nytimes.com/2011/06/28/nyregion/nyc-police- sergeant-admits-illegal-searches-and-perjury.html
This article highlights the problem of officers conducting illegal searches when they strongly suspect a suspect is guilty, even though they have no legally valid form of probable cause or a warrant to conduct such a search. These types of egregious actions are a source of mistrust and friction between members of the police force and the public. The officer’s lawyer, in an appeal for clemency, stated that the offending officer never arrested anyone who had not committed a crime after he had conducted further investigation and found incriminating evidence. Still, the officer’s actions call into question the constitutional protections accorded to suspects and the fact that the officer was able to get away with his actions for so long demonstrates the difficulty of contesting the…...
Fourth Amendment
For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics that are utilized by law enforcement when conducting investigations. To fully understand how this is impacting society and legal proceedings requires studying various sources. This will be accomplished using academic information (i.e. books, case law and journal articles) to highlight the issues. In the future, this paper will contribute to a greater understanding as to how it requires maintaining a balance in protecting individual rights and giving the government effective tools for enforcing the law. (McInnis, 2009) (Lively, 1999)
Body
The Fourth Amendment is designed to provide Americans with protections against unreasonable search and seizure. It has several different provisions that have been subject to various legal interpretations to include: the use of warrants, probable cause,…...
mlaReferences
Alvarez, A. (2010). A Reasonable Search for Constitutional Protection. UC Davis Law Review, 44, 363-371
Lively, D. (1999). Landmark Supreme Court Case. Westport, CT: Greenwood Press.
McInnis, T. (2009). The Evolution of the Fourth Amendment. Lanham, MD: Lexington Books.
Orthmann, C. (2012).Criminal Justice in America. Belmont, CA: Thomason.
Treatments
EST TREATMENTS
Constipation, Hypertension, Seizure
Constipation
This is the infrequent or difficult bowel evacuation (Mayo Clinic Staff, 2012). While there are no strict standard for bowel elimination, it is generally believed that fewer than thrice a week constitutes constipation. Stools are usually hard and dry. Other common symptoms associated constipation include excessive straining during bowel evacuation, a sense of rectal blockage, a sense of incomplete evacuation and the need to perform manual measures to evacuate the bowels. Constipation may be the consequence of insufficient fluid intake or dehydration, inadequate fiber in the diet, foregoing elimination, irritable bowel syndrome, lack of physical activity, illness, abuse of laxatives and certain medical conditions. Those more likely to develop constipation are older adults, those who are sedentary, confined in bed, dehydrated, on low-fiber diet, on certain medications and undergoing chemotherapy. It is more common in women and children. Causes for alarm include fewer than thrice a week…...
mlaBIBLIOGRAPHY
Makoff, D. (2012). High blood pressure. MedicineNet: MedicineNet.com. Retrieved on March 7, 2012 from http://www.medicinenet.com/high_blood_pressure/page
Mayo Clinic Staff (2012). Constipation. Mayo Clinic: Mayo Foundation for Medical
Education and Research. Retrieved on March 7, 2012 from http://www.mayoclinic.com/health/constipation.DS0063/METHOD=print&DSECTION=all
PubMed Health (2011). Seizures. ADAM Medical Encyclopedia: ADAM, Inc. Retrieved
America react to the Japanese seizure of Manchuria in 1931?
To begin with we have to analyze the situation around China and international relations between the U.S. And Japan as they were two major powers of the Pacific region for a long time after ussian Empire had collapsed. There is no doubt that China was a desirable region both for the U.S. And Japan as it had extremely rich natural resources and huge market for foreign goods (Chinese industry was not developed at all). Japanese imperialists and owners of leading American corporations dreamed of strengthening their positions in the region and gaining unlimited access to the huge Chinese markets and resources. Japan was a new superpower of the region after it rose from feudal country to developed industrial state and became a dangerous rival both for the United States and ussian Empire. After ussian evolution, United States and Japan became…...
mlaReferences:
1. 1. Lafeber, W. The Clash: U.S.-Japanese Relations Throughout History Norton & Company; 1998
2. Rosenfeld, Michael Japanese aggression Chesterfield publishing, 1972
3. Tomine, T. Manchurian Crisis JTR, 1967.
4. Rana, M. The Manchurian Myth: Nationalism, Resistance, and Collaboration in Modern China by University of California Press2000p.
Subversion: The Role of Politics and Pressure in the Nazi Rise to Power
Following the end of World War I, the people of Germany felt the consequences of their loss coupled with the reverberations of the American stock market crash. The effects of the Great Depression only trickled down slowly to the small German town of "Thalburg," the fictitious name of a real town whose privacy William Sheridan Allen wishes to protect throughout his work, The Nazi Seizure of Power. Attempting a democratic state in early twentieth century Germany was difficult at best, futile at worst. Using Thalburg as a microcosmic example of German social and political realities, Allen describes the Nazi rise to power as a function and result of divisions among the general populace. "In the wake of defeat came a revolution led by the working class which overthrew the Kaiser and established a republic in Germany," (p.…...
Tresspas
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF FACTS
Shrek the Ogre has for a fair amount of years, owned a property near the swamps -- a place more or less undesirable by the rest of the community of the town. He has lived a quiet existence, keeping out of everyone way, and in this regard has been a model citizen. He has made the claim on the property known in no clearer terms by posting signs which indicate that the property belongs to him, and any intrusion of any sort would not be appreciated. He stresses a great deal of importance for the need of privacy and therefore prefers this seclusion.
The sudden injection of the fairy land creatures to this part of the town and…...
mlaWorks Cited
Gallin v. Poulou. No. 16602. California . 10th April 1956.
Halperin v. Pitts. No. A139639. Washington County Circuit Court. 19th March 2010.
Kelo v. New London. No. 545 U.S. 469. Supreme Court of the United States. 23rd June 2005.
Youngstown Sheet and Tube Co. v. Sawyer. No. U.S. 579 . United States Supreme Court . 2nd June 1952.
limits that should be placed upon search and seizure in public schools.
Apply specific legal rulings to support your position.
Analyze the New Jersey v. T.L.O. case and explain how it supports or undermines your argument.
Recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure.
It seems to me that search and seizure of student and faculty member possession should be scrupulously directed by the Fourth Amendment and the Fifth Amendment and that searches conducted on students should be implemented with the same dignity and in the same manner as they are conducted on faculty members. Research shows that schools are becoming increasingly restrictive in their investigation and that they, frequently, fail to protect even the basic Fourth Amendment privacy rights of the students (Berger, 2003)
The Fourth Amendment prohibits "unreasonable" searches and seizures. It is concerned with the manner that the school may conduct…...
mlaSources
Berger, R (2003) The "Worst of Both Worlds": School Security and the Disappearing Fourth Amendment Rights of Students Criminal Justice Review Autumn 28 2 336-354
Beyer, D. (1997) School Safety and the Legal Rights of Students. ERIC Clearinghouse on Urban Education. ERIC/CUE Digest, Number 121.
Pinard, M (2003) From the Classroom to the Courtroom: Reassessing Fourth Amendment Standards in Public School Searches Involving Law Enforcement Authorities Ariz. L. Rev., 24, 1
The Center for Public Education. Search and seizure, due process, and public schools http://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-influence-on-public-school-districts-An-overview/Search-and-seizure-due-process-and-public-schools.html
In the world of medicine today, there is still much about the inner workings of the human brain that are relatively unknown. Yet advancements in brain scanning and other techniques are giving researchers greater insight on how epilepsy works and why the brain responds as it does to the seizures. Obviously, with advances in genetic testing and the existence of the Human Genome Project, epilepsy could one day be cured and thus help millions of sufferers to live a "normal" and non-disabling lifestyle.
Annotated ibliography
Chadwick, David. Living with Epilepsy. London: Optima Publishing, 1987. (An excellent book which explains in-depth how a person can cope and live with epilepsy. It also provides information on support groups for those afflicted with the disease).
Preston, Robb. Epilepsy: Causes and Treatments. Miami, FL: Symposia Specialists, Inc., 1980. (Another excellent book that discusses all the major aspects of epilepsy. It also provides much information on what a…...
mlaBibliography
Chadwick, David. Living with Epilepsy. London: Optima Publishing, 1987. (An excellent book which explains in-depth how a person can cope and live with epilepsy. It also provides information on support groups for those afflicted with the disease).
Preston, Robb. Epilepsy: Causes and Treatments. Miami, FL: Symposia Specialists, Inc., 1980. (Another excellent book that discusses all the major aspects of epilepsy. It also provides much information on what a person should do when someone is experiencing an epileptic seizure).
The Spirit Catches You and You Fall Down." Book Review. Internet. 2003. Accessed September 19, 2005. very thorough review of Anne Fadiman's book which describes Lia Lee's battle with epilepsy, both medically and culturally).http://www.spiritcatchesyou.com/bookdescription.htm .(A
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.
Fourth Amendment
Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy. However, according to the conclusion of the Court, the Fourth Amendment does not "protect all property interests or apply to all situations where people might wish to protect their privacy." Perhaps, never has this amendment felt more threatened than today. The attacks on the orld Trade Center on September 11th, spurred the hite House Administration to create the office of Homeland…...
mlaWorks Cited
Civil Rights Reduced." Denver Rocky Mountain News. April 28, 2001.
McWhirter, Darien A. Search, Seizure, and Privacy: Exploring the Constitution.
Greenwood Publishing Group. October 1994.
Rosen, Jeffrey. " Liberty Wins - So Far; Bush Runs Into Checks and Balances in Demanding New Powers." The Washington Post. September 15, 2002.
Fourth Amendment
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation in…...
mlaReferences
"Fourth Amendment: Search and Seizure." U.S. Government Printing Office.
Retrieved from http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO -
CONAN-2002-9-5.pdf
Georgia v. Randolph, 278 G. 614,604 S.E. 2d 835. (2006). Retrieved from http://www.law.cornell.edu/supremecourt/text/04-1067/#writing-ZS
The second criterion for distinguishing REP situations from non-REP situations in such cases is the physical relinquishment of the premises by the individual who was previously entitled to REP in that area. Typical scenarios of this type involve cases where law enforcement authorities search a hotel room that has apparently been vacated even prior to checkout time and the technical end of the lease period. In such cases, courts have determined that actual relinquishment (such as removing personal belongings and leaving the room key) terminate any REP even before the end of the formal lease period.
Critique:
The most questionable par of the article is the explanation of the converse situation: namely, where the room occupants do not relinquish the premises but remain in possession beyond the formal lease term. According to the author, the general rule is that any REP terminates upon formal expiration of the lease term. That does not…...
obbery Scenario
In this particular scenario, the police stopped a driver based upon the fact that the driver matched the description of the cashier who was the victim of the robbery and the driver had an Alabama student parking sticker (the store's robber was wearing a cap and a t-shirt from this university). The suspect was not speeding when the license was obtained, it should be noted. But the actions of the officer were consistent with stop-and-identify laws which permit police to ask suspects for licenses or other identification.
Supreme Court has generally not looked favorably upon stop-and-identify laws when they have been under its review. In the case of Kolender v. Lawson, 461 U.S. 352 (1983), one of the most recent stop-and-identify cases, the statute was deemed "unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated…...
mlaReferences
Hiibel v. Sixth Judicial District Court of Nevada. (2004). Retrieved from:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=000&invol=03-5554&friend=nytimes
Kolender v. Lawson, 461 U.S. 352 (1983). Retrieved from:
https://supreme.justia.com/cases/federal/us/461/352/case.html
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;
And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw).
Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search and Seizure and the Fourth Amendment – FindLaw). How much protection a citizen enjoys in any given instance is dependent on apprehension nature, searched location characteristics, and circumstances of search. However, for stopping or keeping any citizen in custody, law enforcement officials need to have satisfactory suspicion (in other words, impartial, soundgrounds to believe the apprehended individual was…...
Thesis Statement:
The Lack of Police Equity in America: Historical Context, Current Manifestations, and the Urgent Need for Comprehensive Reform
Introduction:
Police equity, a fundamental principle of a just and democratic society, entails the fair and impartial treatment of all individuals by law enforcement agencies. However, the reality of policing in America falls short of this ideal, with a long history of racial profiling, excessive force, and discriminatory practices. This thesis will delve into the historical context of police inequity, its current manifestations, and the urgent need for comprehensive reform to ensure equal justice under the law.
Historical Context:
The roots of police inequity in....
Topic 1: The Erosion of Due Process in the Digital Age
Topic 2: The Tension between Due Process and National Security
Topic 3: Due Process and the Rights of the Unrepresented
Topic 4: The Role of Due Process in Protecting Minority Rights
Topic 5: Due Process in the Context of Private Ordering
1000-Word Essay
Topic: The Erosion of Due Process in the Digital Age
Introduction:
Due process, a fundamental principle of justice, safeguards individuals from arbitrary or unjust government actions. However, the advent of the digital age has raised concerns about the erosion of due process. This essay examines the ways in which digital technologies have challenged due....
Drug Trafficking in Italy: A Complex and Evolving Problem
Introduction
Italy, located at the crossroads of the Mediterranean Sea, has long been a strategic transit route for drug trafficking from producing countries to consumer markets in Northern Europe and beyond. In recent years, the country has faced significant challenges in combating drug trafficking, with organized crime groups playing a major role in the illicit trade. This essay will explore the current state of drug trafficking in Italy, examining its impact on society, the efforts of law enforcement to combat it, and the need for comprehensive strategies to address this complex problem.
The Role....
Reconciliation with Indigenous Peoples in Canada: A Path Forward
Reconciliation with Indigenous peoples is a complex and ongoing process that requires a multifaceted approach from the Canadian government. To achieve meaningful reconciliation, the government must address historical wrongs, acknowledge present-day inequities, and work in partnership with Indigenous communities to build a more equitable and inclusive society.
Addressing Historical Wrongs
Truth and Reconciliation: Establish an independent commission to document and expose the history of residential schools and other colonial policies that have caused systemic harm to Indigenous peoples. This process should involve Indigenous survivors and community members, and result in a public record....
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