The use of physical standards in law enforcement is necessary to make sure police departments are hiring people capable of the work. A police officer needs to be able to run well, see well, and be strong enough to carry or restrain someone. If a law enforcement officer cannot keep up with a running criminal, they would not be successful at their job and should not be a law enforcement agent. The use of physical standards are not meant to be discriminatory towards women but some police departments take advantage of these standards to legally discriminate against female candidates. There are four components to Vermont’s physical assessment. These include: a 1.5 mile run, one repetition maximum bench press, one minute of bent knee sit-ups, and …show more content…
Professor Rolando V. del Carmen determined four components that must be present for an arrest to happen. These factors are: the intent to arrest, the authority to arrest, seizure or detention, and the understanding of the person that he/she is under arrest. (Miller 190) So, is it possible for a person to be legally under arrest without a law enforcement officer telling them that they are? The Supreme Court defines an arrest as a situation when a suspect is in custody and also when any reasonable person believes that he/she is not able to leave at any time, even if a police officer does not inform the suspect that they are or are not under arrest. (Miller 189)
Law enforcement officers are required to make sure the suspect they have in custody understands that they are in fact under arrest. If a person is handcuffed and put into the back of a police car, the officer does not need to say the words, “you are now under arrest,” because a reasonable person would know that if they are not able to walk away, that they are indeed under arrest. If this person is intoxicated, mentally disabled, or unconscious; their competency may be impacted. (Miller
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According to the Bureau of Justice Statistics, in 2009, violent assault offenders, who had an average maximum sentence length of 80 months, only served an average of 40 months in prison. (Bureau of Justice Statistics ) This means most of the offenders are only serving half of their jail time. This could be because of a few things but the most significant reason is; the jails and prisons in the United States are becoming over populated, resulting in letting the less violent of the violent offenders go. There was a study done by the U.S. Government Accountability Office (GAO), through this study, they found that federal prisons were 39% over capacity as of September 2011. The report also predicted that overcrowding would reach to more than 45% above the Bureau of Prison’s maximum capacity by 2018. (Gilna) This limitation set by the Bureau of Prison, is a great example of the primary relationship in the courts being between the idea of justice and the reality of bureaucratic
Uniquely, with such staggering numbers of multiple offenders, the criminal justice system is choosing to release the incarceration sentence of murder and aggravated assault offenders to kill more of the population in which they believe will lower the rate of violent crimes. Those are serious offenses that goes unsupported by the system but offenders who commit civil crimes such as too many traffic violations or minors who commit status offense crimes are serving time that should be thrown out. The system is losing its core values to serve and protect. In reference to the movie The Purge, it is a way the government saves money with allowing harsh offenders to continue committing crimes. The government will save money. They will not give assistance to low wage citizens for food stamps or EBT, no health insurance, no unemployment, or workers compensation if the low
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are liberties that were afforded to suspected criminals in the Miranda Vs Arizona. However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins.
If a police officer fails to advise a suspect of their rights, they may still arrest the individual.
As Canadians, a portion of our rights that are read to us upon arrest are as follows: "It is my duty to inform you that you have the right to retain and instruct counsel in private without delay, You may call any lawyer you want.....You have the right to a reasonable opportunity to contact counsel. I am not obligated to take a statement from you or ask you to participate in any process which could provide incriminating evidence until you are certain about whether you want to exercise this right (Griffiths, 2011)
Prison overpopulation puts a strain on the environment of our legal system. According to the American Legislative Exchange Council (ALEC) the United States is currently incarcerating 1 in 100 American Adults. ALEC also claims that
...ained in their questioning. Officers commonly have small cards with the Miranda warnings on them so they don’t forget or skip over a part of ones right, if this does occur evidence still cannot be properly obtained because the person was not fully warned of all their rights. Currently, the only unwarned questioning that can occur is if the officer believes the public is in some type of danger. For example, if police come across a man standing in a convenience store that fits the description of recent thefts in a nearby neighborhood and the man runs once police confront him and is later caught and searched, when upon the search they realize he has an empty shoulder holster. In this scenario the public is in potential danger, the police can ask him where the gun is hidden without reading the man his rights and it would not be violating his Fifth Amendment rights.
The overpopulation in the prison system in America has been an on going problem in the United States for the past two decades. Not only does it effect the American people who are also the tax payers to fund all of the convicts in prisons and jails, but it also effects the prisoners themselves. Family members of the prisoners also come into effect. Overpopulation in prison cause a horrible chain reaction that causes nothing but suffering and problems for a whole bunch people. Yet through all the problems that lye with the overpopulation in prisons, there are some solutions to fix this ongoing huge problem in America.
Over the past several decades, the number of prison inmates has grown exponentially. In 1980, prison population had numbers around half a million inmates. A graph of statistics gathered from the U.S. Bureau of Justice shows that between 1980 and 2010, the prison population grew almost five times, topping out at nearly 2.5 million. According to an article in The New York Times, the average time spent in jail by prisoners released in 2009 increased by 36% compared to prisoners released in 1990. Many people, such as those at Human Rights Watch, believe that the increase of these numbers has been because of tough-on-crime laws, causing prisons to be filled with non-violent offenders. This rise in crime rates, prison population, and recidivism, has led politicians as well as ordinary citizens to call for prison reform.
...ure unjust forms of interrogation are not in use. If an attorney is not present, and the accused, in anyway, wishes the interrogation to be over, “the police may not question him/her.” (Grolier) That is the suspects right. Again this is a great thing to ensure rights are actually being respected.
“Prison Overcrowding: The Problem.” American Legislative Exchange Council. ALEC-American Legislative Exchange Council, 2013. Web. 18 Nov. 2013.
As a result of the Miranda case, all persons detained by the police should be informed of four things before being questioned:
Overcrowding in our state and federal jails today has become a big issue. Back in the 20th century, prison rates in the U.S were fairly low. During the years later due to economic and political factors, that rate began to rise. According to the Bureau of justice statistics, the amount of people in prison went from 139 per 100,000 inmates to 502 per 100,000 inmates from 1980 to 2009. That is nearly 261%. Over 2.1 million Americans are incarcerated and 7.2 million are either incarcerated or under parole. According to these statistics, the U.S has 25% of the world’s prisoners. (Rick Wilson pg.1) Our prison systems simply have too many people. To try and help fix this problem, there needs to be shorter sentences for smaller crimes. Based on the many people in jail at the moment, funding for prison has dropped tremendously.
Firstly, in order to gain a better understanding of the problems that plague or correctional system we must fully understand the enormous overcrowding problem that exist in the majority of or state and federal prisons. Since 1980 the prison population has quadrupled and only the numb...
In order for information from an interrogation to be used legally as evidence, law enforcement must read a suspect’s Miranda rights before questioning. Without communicating Miranda rights a suspect’s responses will usually be inadmissible in court. To avoid a suspect(s) “getting off” from their perceived crimes, law enforcement must be diligent and careful throughout the detaining, interrogating process. By stating clearly and taking the time to communicate the Miranda rights to a suspect with a credible witness, will ensure a high probability that information given and used will be
The first issue that I would like to address is the overcrowding issues in prisons. In my opinion, overcrowding issues are the biggest issues in our correctional system that concerns every citizen. Running a prison required money, resources and manpower, with overcrowding issues, the government would have no choice but to increase the number of correctional facilities, privatized prisons and increasing manpower. According to (Levitt, 1996), “The incarceration rate in the United States has more than tripled in the last two decades. At year-end 1994 the United States prison population exceeded one million. Annual government outlays on prisons are roughly $40 billion per year. The rate of imprisonment in the United States is three to four times greater than most European countries.” (p.1). Overcrowding issues are not only affect prisons but the society as a whole as well. The reason is simply because prison population directly refl...