Abstract This paper discusses how racism sometimes negatively impacts on the arrest procedures used by police. According to statistics, blacks in the USA have far more than their share of arrests, relative to their population percentage. This paper further points out that this also appears to be true in most countries. For example, a study conducted in 1998 in England showed that blacks were 7.5 times more likely than whites to be stopped by police officers and searched.
Abstract This paper describes hypothetical cases and looks at the warrants needed for various types of arrests and searches. It looks at affidavits needed to get search warrants. It looks at probable cause for search but not arrest, probable cause for arrest but not search, and probable cause for search and arrest.
From the Paper "In the United States an arrest warrant is issued by the courts or by Houses of Congress or other legislatures. Arrest: An arrest warrant must be supported by a signed and sworn affidavit showing probable causes that a specific crime has been committed and the ..."
Abstract This paper discusses the differences between an arrest and detention, explaining that a key distinction between the two is that only arrests require probable cause. The paper examines legal information regarding the definition of an arrest and detention and explains some of the difficulties associated with differentiating the two.
From the Paper "Early decisions of the Court suggested that an arrest occurred any time the police restricted a person's movement. See Henry v. United States, 361 U.S. 98 (1959). Under this definition, an arrest would happen anytime the police even talked to a suspect if the suspect unilaterally thought he was not free to leave. Id. In Henry v. United States, the Court found that an arrest occurred when police stopped a car whose occupants were suspected of transferring stolen liquor. According to the Court, "when the officers interrupted the two men and restricted their liberty of movement, the arrest, for purposes of this case, was complete." The Court ultimately ruled that since the police did not have probable cause at that moment, their action was unconstitutional."
Abstract The following paper looks at the controversial issue of resisting arrest. In particular, the paper examines the Texas approach to resisting (unlawful) arrest versus the Maryland approach to resisting arrest and finds that the latter is surprisingly more tolerant of citizens doing precisely that. The paper suggests that Texas' high rate of police mortality is part of the reason.
From the Paper "The case of Alden Dancio v. the (disgruntled) police officer is certainly a provocative one. The following paper will briefly outline whether or not there are states in America that permit an individual to be charged by the prosecutor's office for resisting arrest even after it has been established that he or she did not commit an original crime (such as disorderly conduct) that would have warranted apprehension by a police officer. The paper will also briefly discuss whether or not this author would support the institution of such a law and then look at Maryland's criminal code vis-a-vis resisting arrest to determine if that state permits the apprehension of individuals for resisting arrest in the aforementioned circumstance."
Abstract This paper provides an overview of the issue of law enforcement response time and arrests. The paper includes a description of the approaches taken by law enforcement agencies in the U.S. to reduce crime and what initiatives have been shown to be effective. A summary of the research that shows faster response times do not necessarily equate to increased arrest rates is also provided in the conclusion.
Contents
Introduction
Review and Discussion
Different Approaches to Crime Prevention
Conclusion
From the Paper "In response to rising crime rates during the last half of the 20th century, law enforcement agencies across the country engaged in a wide range of reforms in an effort to reduce crime and improve public confidence in their safety. These issues became all the more critical following the terrorist attacks of September 11, 2001 and as a result, a number of police departments have hired additional staff, many using federal funds specifically allocated for the purpose. One of the goals of these initiatives was to improve overall arrest rates as a measure of law enforcement effectiveness in carrying out their duties; however, because the decision to arrest is based on a wide range of frequently changing social and administrative factors, studies have shown time and again that there is little, if any, correlation between actual police response times to criminal scenes and the percentage of people who are arrested as a result."
Abstract This paper begins with a case study of the "Wilson vs. Layne" case, a case in which news media agents took photographs of a mistaken arrest in a private house. The paper explains the legal process involved with the case, stating that while there were severe privacy breeches in the case, the court was unable to say that the homeowner, Charles Wilson, had experienced a violation of his Fourth Amendment rights. The paper then discusses the issue of media "ride-alongs," a practice in which police take media agents with them to capture images of arrests and police actions. The paper discusses the role of the press in police work, and points out the privacy violations which are a risk of the practice of "ride-alongs."
From the Paper "When the appeal was sent to the Supreme Court, the Court granted Charles the 'certiorari'. The case of Wilson vs. Layne gave rise to the question of whether or not when federal and state officials issue an arrest warrant to a citizen, either at his home or elsewhere, can they allow the media to accompany them on their official duty? And would such an arrest warrant, when it is issued at the home of the individual, be considered to be a violation of a homeowner's Fourth Amendment protection as under 'unlawful search and seizure'? In this particular case, the Court held the ruling that if the media were to be present during the execution of an arrest warrant, then it was to be considered that it was in no way at all related to what the officials were doing during their course of work. The media dose in no way assist the officials, and in the same manner, they have nothing whatsoever to do with the execution of the arrest warrant."
Abstract This paper examines domestic violence, which has always been a controversial issue, both within the criminal justice system and throughout American society as a whole. The current debate reviewed in this paper, is over mandatory arrest policies that have generated even more controversy, despite the fact that advocates of mandatory arrest have offered compelling arguments that such a policy could have a significant deterrent effect if it was implemented and strictly enforced by law enforcement personnel.
From the Paper "Domestic violence has always been a controversial issue, both within the criminal justice system and throughout American society as a whole. The current debate over mandatory arrest policies has generated even more controversy, despite the fact that advocates of mandatory arrest have offered compelling arguments that such a policy could have a significant deterrent effect if it was implemented and strictly enforced by law enforcement personnel. Despite the controversy over mandatory arrest policies, there is general agreement that society is in dire need of a change of perspective and priorities when it comes to handling domestic violence. "
Abstract The paper investigates a unique characteristic found within the development of male orangutans whereby the reaching of complete maturity and adulthood among a portion of orangutan males, both in the wild and captivity, is held off and slowed down by natural means. The paper explains how developmentally arrested orangutans remain subadults, smaller and less physically mature than their fully grown adult male counterparts. It explores a number of studies which have been conducted to attempt to determine the reasons and causes for what is often called bimaturism. The paper shows that because of the lower status of subadult males, female orangutans prefer to copulate with dominant, fully mature males. Often, in order to receive sexual gratification, subadult orangutans force unwilling females to have sex and the act of rape is extremely common among orangutans. The paper shows how a number of studies have been conducted in order to better understand the reasons for bimaturism and the effects of the trait on orangutan populations and the species as a whole.
From the Paper "Because of their solitary, illusive nature, it is often difficult to observe orangutans in the wild. It was previously believed that orangutan males reached puberty sometime between the ages of seven and nine. Researchers thought that developing males would spend a few years in an intermediate stage, before becoming a full grown adult sometime between twelve and fourteen. However, after populations were established in zoos, scientists noted that subadults would remain in the arrested development stage as long as a dominant male was present. When the fully mature male was removed, the subadult males would physically develop the traits of dominant males, most notably the wide cheek pads, and long, brightly colored hair."
Abstract This paper presents a detailed examination of the arrest and charge of Constable Robert Hagan regarding the stolen pieces of the Space Shuttle Columbia. The writer explores several aspects of the case, including what Hagan is charged with doing and what his possible punishments might be.
From the Paper "For society to function properly it must be able to place the utmost trust in those it chooses to protect and to serve its members. The ability to trust police officers and others who are charged with leading the moral path is essential to the continued growth and development of the nation. When a trusted official breaks the law it sends shock waves through society. Constable Robert Hagan II has been charged with stealing from the United States government. His case has made national news because he is a trusted elected official and as such expected to hold himself to a higher standard than the average resident. His case is being watched closely by media and laymen alike as he goes through the process he was supposed to help implement and uphold."
Abstract This paper explains that, according to Ferdico, the law of criminal procedure can be described as rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens. The author points out that the "plain-view" doctrine is the procedure or rule that guides the officer in making a search of an individual or their property and in making an arrest of an individual; items in "plain view" or out in the open for view, may be seized by police in evidence in making an arrest for illegal possession of drugs and weapons. The paper concludes that Ferdico not only understands but also explains thoroughly arrest, questioning and processing procedures as well as the trial and case proceedings which are required by law enforcement, prosecution and defense in the 'criminal court procedures'.
Table of Contents
Statement of Thesis
Introduction
Right to a Fair Hearing/Trial
Double Jeopardy
Arrest Warrant
Probable Cause
Use of Force
The Standard of "Reasonableness"
Plain-view Doctrine
The Carroll Doctrine
Escobedo and Miranda
Conclusion
From the Paper "Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual. In other words, policies of the government that are originally focused toward protection of the individual and maintaining law and order in the community may very well result in increased breaking and disrespect of the law that sought to protect. Ferdico next gives the history of the development of U.S. law relating the historical facts concerning the U.S. Constitution and the accompanying Bill of Rights. The laws governing rules and procedures and protecting the rights of the individual are based on the principles of Constitution in the United States of America, which is a country governed by democracy."
Abstract This paper explains that 'Article 41 No. 1' of the Vienna Convention on Consular Relations (VCCR) was laid down by the United Nations in relation to the proper and legal arresting procedure of consular officials should the need arise for such arrest under international law. The author stresses that clearly it may be deduced that only dire events would results in even the initial arrest of a consular officer and that the consular office cannot be held until time for trial unless the competent judicial authority authorizes such arrest or detention. The paper relates that the purpose of 'Article 41' of the VCRR is to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused.
Table of Contents
Objective
Introduction
Interpretation of Article 41 Part One
Interpretation of Article 41 Part Two
Breard v. Greene (U.S. 1998)
Paraguay v. United States of America (ICJ 1998)
Summary and Conclusion
From the Paper "The Vienna Convention on Consular Relations (VCCR) has been ratified under Article 6 of the U.S. Constitution as part of the "Supreme Law of the Land". The Consul is the official representative of a foreign country assigned the responsibility for matters in the location of the occurrence requiring notification thereof. Therefore, it may be understood that 'consular relations' refer to the intricate dealings in negotiations among those who are best at handling such charged arenas in international relations."
Tags:arrest, consular-officials, un, interim, immunity
A review of the events of the DC sniper shootings, including the preliminary shootings, the "Beltway" Attacks, the investigation during the attacks and the arrest of the two suspects.
Abstract This paper examines the timeline of the DC sniper killings that took place in October 2002. It explains the preliminary killings and the actual "Beltway" attacks. The paper then analyzes the investigation during the attacks, the arrest of the two suspects and the logistics and tactics used by the suspects. Finally, it discusses the whereabouts of John Allen Muhammad and Lee Boyd Malvo prior to their arrest.
Table of Contents:
Abstract
Introduction
Preliminary Killings
"Beltway" Attacks
The Investigation During the Attacks
The Arrest of the Two Suspects
Logistics & Tactics Used By the Snipers
Conclusion
From the Paper "The deadly string of shootings finally came to an end on October 24, when Muhammad and Malvo were found sleeping in their 1990 Chevrolet Caprice, at a rest stop near Myersville, Maryland. Police were given the information by a truck driver who noticed the parked car. A .223-caliber Bushmaster XM-15 rifle and bipod were found in a bag in Muhammad's car. According to CNN, the rifle was found behind the rear seat of the 1990 Chevrolet Caprice, which had been modified to allow the rifle to be fired from inside the vehicle. The Bushmaster rifle is a civilian, semi-automatic version of the Colt M-16 military rifle, which can be fired in fully automatic mode. Ballistics tests later verified the same rifle matched 11 of the 14 bullets recovered from the attacks."
Abstract In this article, the writer notes that in the United States, laws get enforced by police agencies from cities, states, and the federal government. To be able to enforce laws and make arrests, police officers have the authority to use force. The writer notes that in some situations, they can use deadly force. However, there are strict rules for applying force in policing. The writer discusses that the type of force used must be right for the right circumstances. Using the wrong kind of force or too much force can make the city or state responsible for damage to the arrested person, even when he is guilty and needed to be arrested. It can also make the police agency and the officer personally responsible. The writer concludes that police officers are allowed to use force, but they must use the right type of force for every situation.
Outline:
Introduction
The Use of Force Continuum
Conclusion
From the Paper "Many times, other methods are supposed to be used first on the UOFC before strong hands on methods. Police officers on patrol usually have a spray such as pepper spray or mace and they can use these sprays instead of going from verbal commands or light hands on to strong hands on. This level on the UOFC is good for officers if there are more people than officers and also where the person is much bigger or stronger than the officer. Before officers are allowed to use spray methods, they have to take a course for spray certification and part of the course is getting sprayed so they will know how people react to it and how much is too much spray."
Abstract The paper discusses the case of Jose Padilla, arrested on May 8, 2002 because it was believed that he was conspiring with Al Qaeda Terrorist to detonate a radioactive "dirty bomb" within the U.S. The paper shows that Padilla's arrest and subsequent imprisonment has been the subject of an on-going legal debate and at the present time Padilla is being held as an enemy combatant, which means that he is subject to Military Tribunal instead of the civil court system and can be held without being charged until the War On Terrorism is over. The essay discusses both sides of this legal debate and determines which viewpoint is the most constitutional and credible.
From the Paper "Many legal experts believe that the U.S. does not have grounds to hold him as an enemy combatant. They contend that his imprisonment is unconstitutional because he is being held even though he has not been charged with a crime. Padilla's lawyer believes that he is in custody based on information that is circumstantial and that he should be released. They also believe that his detainment is based on the idea that he may be able to provide investigators with important information about forthcoming terrorist attacks on the country."
Tags: Attorney, General, John, Ashcroft, Quirin, Posse, Comitatus, Act
Abstract This paper discusses that experts on spousal abuse believe that in such marriages, the relationship begins as a loving relationship but gradually the definition of "love" is distorted and includes emotions of jealousy and suspicion. The paper reviews research which shows that arrest is the most effective intervention and that police officers are more likely to make these arrests when their police department has clear guidelines.
From the Paper "Recognizing the problem, law enforcement agencies have researched what the most effective responses are to domestic abuse calls. Nancy Egan of the John Jay College of Criminal Justice put together an annotated bibliography of research regarding best police practices for domestic violence calls. She described three types of responses. The first is ?mediative.? where the police do not arrest anyone, but attempt to act as peacemakers, staying at the site until the situation calms down and the reported offender is no longer acting angrily."
