Afforded to the Accused Kristian Addison CJ227-03: Criminal Procedure February 23‚ 2013 Despite the United States best efforts in preventing illegal immigration‚ there are those who manage to cross the border without any legal status‚ including a green card. Those who do manage to sneak into the United States unlawfully do not have many rights in comparison to actual US citizens. However‚ when it comes to encounters with the criminal justice system‚ they have the right to due process of the law.
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Protect Against Terrorism The threat of terrorism has been spreading across the world. One of the biggest attack happened in United State. The September 11 attacks also referred to as 911. The terrorists hijacked four passenger airliners and they used to flow into buildings for a suicidal attack. Two of those planes were crashed into the North and South towers of the World Trade Center. A third plane was crashed into the Pentagon. The fourth plane was targeted at Washington‚ D.C. but crashed into
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pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy‚ 1999) The Due Process Model emphasizes the adversary system. The Due Process model also puts on emphasis on the rights of the person or people who are being accused of a crime. The Due Process model consists of many factors but a few are the idea of aggressive
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Procedural process due under 5th Amendment Student’s Name: Instructor’s Name: Procedural process due under 5th Amendment One of the four elements of the 5th Amendment is due process which states that a person cannot be deprived of life‚ liberty or property without due process of the law (Legal Information Center ‚ n.d. ). Due process is divided into two major elements; substantive due process and procedural due process. Procedural due process highlights the notion
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Rights of the accused: Miranda v. Arizona‚ Tennessee v. Garner In 1985‚ the Supreme Court outlawed the indiscriminate use of deadly force with its decision in the case of Tennessee v. Garner. In this case‚ the court ruled that the use of deadly force against apparently unarmed and non dangerous fleeing felons is an illegal seizure of their person under the Fourth Amendment. “Deadly force may not be used unless it is necessary to prevent escape and the officer has probable cause to believe the
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Separation of Powers: States vs. National Government “The powers not delegated to the United States by the Constitution‚ nor prohibited by it to the States‚ are reserved to the States respectively‚ or to the people.” (U.S. Const. amend. 10). Ratified in December of 1791‚ the Tenth Amendment in the Bill of Rights states that the national government does not have the authority to control the state government’s concerns that don’t intervene with the U.S Constitution and vice versa. I believe that the
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Focus on Federal Rules. Due Process I think that substantive due process is more relevant to this discussion as it applies the fifth and fourteenth amendments. Substantive due process is a doctrine that requires all government intrusions into individual rights and liberties shall be fair and reasonable. Further‚ it must be to further a legitimate governmental interest. This doctrine (not law) constrains certain actions by law enforcement‚ prosecutors and judges. . Evidence Under 46
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University came up with two models of how the criminal justice system works. The two models that Herbert Packer had came up with is the crime control model and due process model.The crime control model is based on conservative values such as aggressive arrest‚ prosecution and conviction of criminals and makes the system more efficient and safer for people. The due process control is basically protecting an individual’s rights whether they’re accused and to protect the innocent people from conviction
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Falsely Accused What has to happen before the media quits jumping to conclusions about news stories ? It makes you wonder about the possibility of legal restrictions on the amount of information that the media can put out before the actual case is proven and solved. I mean after all in the case of Richard Jewell ‚ there was a definite issue of false accusations . This man was treated unfairly under the false assumption that he was guilty of a crime that he did not commit. I think that Jewell
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The Constitution and in our lives wherever they see fit. I believe our founding forefather’s did a fantastic job constructing The Constitution and it should be left as is. Liberals Love a big ass Federal Government. It makes them feel safe and warm. Someone to lobby to when they see a travesty of justice like transgenders being able to use whatever bathroom they "identify" with.‚ because the 1% of 1% of the population’s Feelings could be hurt.. WTF is that..!!? Fuck You! Greater Good I say! You got
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