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Tennessee v. garner citation
Tennessee v. garner citation
Accountability in criminal justice
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A review of the Prima Facia duties or conditional duties which should be followed in most instances, however, “can be overridden by other duties that are more imperative in a given instance” (Williams and Arriog, 2012) points to options that Officer Hymon could have taken in reviewing his actions in this case. Ross states that the duties of Fidelity “include the duties which stem from our own previous promise, contracts, or other agreements”, (Williams, 2012). In applying this to the Tennessee v. Garner case, there are several instances where the officer’s decision to shoot and those of the judicial system failed the victim. The initial duty of Officer Hymon, as evidenced by the oath of office taken upon graduation from the academy is to
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
On October 3, 1974, around 10:45 pm the Memphis Police got a call about a "prowler inside call." Police officers Elton Hymon and Leslie Wright were dispatched to answer the call. Upon arriving at the scene, there was a woman standing on her porch and gesturing toward the house next door, she told them she had heard glass breaking and that "they" or "someone" was breaking in next door. While Wright radioed in, Hymon went back behind the house. He heard a door slam and saw someone run across the backyard. The fleeing suspect, who was Edward Garner, stopped at a 6-feet-high chain link fence at the edge of the yard. With the use of a flashlight, Hymon was able to see Garner's face and hands there was no sign of a weapon, although Hymon was not certain that Garner was unarmed. He thought Garner was either 17 or 18 years old and about 5' 5" or 5' 7" tall. While Garner was crouched at the base of the fence, Hymon called out "police, halt" and took a few steps toward him and Garner then began to climb over the fence. Convinced that, if Garner made it over...
Clarence Gideon was born on August 30, 1910 in Missouri. He was raised in a strict household, so at fourteenth years old he ran away from home then later returned and his mom had him arrested. Gideon then broke out of jail and broke into a store to stay warm and was arrested because he was convicted of stealing. After 1928 he lost his job and began to commit more crimes like, robbery and etc. Later after serving ten years in prison during the Great Depression because of the robbery, he moved to Florida and tired opening up a pool hall business but it failed. After that the case of Gideon v. Wainwright came about. Gideon was charged with a felony of breaking into a pool room with intent of a misdemeanor on January 15, 1963 in Bay County Circuit
The case of Tennessee V. Cyntoia Brown was a case of major controversy and ethical dilemmas. This case is that of a young girl who had suffered more than any should. The State had failed her, her entire life. Her story is that of having no chance to succeed in life. All Together her childhood, teenage years, the night it happened, prosecutorial discretion, and judicial discretion.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
Facts: In Georgia, Eric Presley was convicted of cocaine-trafficking in Dekalb County. Before potential jurors entered the courtroom, the judge noticed an observer, who was a relative to Presley, and asked the observer to leave the courtroom, on the basis of there not being enough room in the court for observers and jurors. Later, Presley asked for a retrial on the basis of the public being barred from the courtroom. He mentioned that there was, in fact, room in the courts for observers, but the trial courts denied him, as well as The Court of Appeals of Georgia and the Supreme Court of Georgia.
interact on a daily basis. This interaction creates an energy that circulates throughout the different departments and formulates a tone. Of all the departments that co-exist in a workplace environment, the human resource department has the most important job of overseeing administrative tasks and benefits as well as employee relations such as enforcing the rules that make up the inner workings of the employment structure. When this structure is corrupt or controlled by members ruled by bias, power and convenience, many problems can arise. The Supreme Court case Crawford v. Metropolitan Government of Nashville serves as a learning tool on what concepts are acceptable and correct under the law when conducting workplace investigations revolving around discrimination and harassment. Although cooperation in workplace investigations is encouraged, fear of retaliation in the form of termination stops employees from being vocal about discrimination and harassment due to corrupt management and human resource practices,
An artist has the right to recover damages for any intentional modification of their work of visual art which would be prejudicial to their reputation. 17 U.S.C.A. § 106A (2012). The Visual Artists Rights Act was created to protect an artist’s right to integrity with regard to works of visual art. Carter v. Helmsley-Spear, Inc., 861 F. Supp. 303, 324-27 (S.D.N.Y. 1994), aff'd in part, vacated in part, rev'd in part, 71 F.3d 77 (2d Cir. 1995). When someone intentionally modifies an artist’s work, they infringe on the artist’s right to integrity. See Flack v. Friends of Queen Catherine Inc., 139 F. Supp. 2d 526, 531 (S.D.N.Y. 2001). The defendant does not contest the fact that Striving for the Stars is a work of visual art. (Def’s Answer to Pl.’s
On a dark and rainy night in October of 2011, Samuel Pauly was shot to death through the window of his rural New Mexico home by one of three state police officers investigating an earlier road rage incident. On behalf of Samuel Pauly's estate, his father filed a civil rights action against the three officers, the State of New Mexico Department of Public Safety, and two state officials, claiming defendants violated his son's Fourth Amendment right against the use of excessive force. During this entire case between White vs Pauly the main underlining issue was that, is it clearly established by law that a late-arriving officer at an ongoing situation must second-guess the actions of officers that had arrived before? What the Supreme Court is
Yes, I do agree with the Court’s holding in Randolph. Although, before I explain my reason why I would like to state that this case is confusing. This is one of those cases where you really have to debate whether the police was in the right or the wrong. I do believe that the police officer were acting in good-faith within this case. Originally Mrs. Randolph did give my permission for the police to search the home. She even led the officers to the area of the house where the evidence was. Then she later withdrew her consent when the police went to call in for a search warrant. However, the court had to make a difficult to decision because Mr. Randolph never did give consent to the search. If they are both the owners of the home then the police would need permission from both of them. Especially, since Mr. Randolph was the main person living there. Mrs. Randolph stated that she hasn’t even been staying there and she just returned. If anything I think Mrs. Randolph she have let them search the area of the house where all of her belongs were. She guided the police to a bathroom she identified as Mr. Randolph’s, which he did not give them consent to search nor was
Our supreme court has been around for decades for the purpose of interpreting the law. Supreme court justices go through years of school and extensive work in order to receive the honorary position. The opinions, of supreme court justices, are highly respected and trusted. However, that does not mean that every decision that is made, is the right decision. Interpreting the law depends on the time period, current laws, morals and a list of other aspects of America’s society, at the time the law is being interpreted. Based on what the current law and morals were, I will dissect the best and worst supreme court decisions.
Under First Amendment law, Dickey had the right to publish the article because TSU relied on state funds to function, thus making it a government entity. Even if the editorial was stopped because it criticized the Alabama government, the Free Press Clause protects citizens’ and media’s right to express themselves through written idea, opinions and dissemination of information without interference or censorship from the government. This case also enacted that public schools were not responsible for what their student media published and could not be threatened with state funding cuts, nor could public universities use state funding as means to censor student media. The court went on to add that the university did not have to hire Dickey as
People face ethical dilemmas every day. But it is perhaps, most prevalent in the law enforcement profession. Law enforcement officers face ethical dilemmas constantly. Some of the ethical issues that police face each day are: racial profiling, officer discretion, police officer loyalty, police officer abuse, and interrogatory deception. This paper will discuss the purpose of interrogatory deception, ways in which it is used, some of the current debates over the practice, and a landmark ruling in the Miranda case of 1966 which attempted to cease the use of intimidation and coercion practices of the police.
The necessity standard that White proposes for governing the use of lethal force strikes the right balance in regulating violence. He insists that the police act reasonably by evaluating whether the felon's interest in life outweighs the state's interest in seizing the felon by lethal force. Because we honor the supreme value of human life, lethal force should only be used when there is a reasonable belief that the felon poses a significant threat to the policeman or society.
The Supreme Court dealt with different issues such as the Rights of the accused in cases such as the Gideon v. Wainwright in 1963, Miranda v. Arizona in 1966, and In Re Gault in 1967. In the Gideon v. Wainwright, which began when Gideon “was charged with breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida law”(Facts and Case Summary-Gideon v. Wainwright). Once the trial began, Gideon asked the judge “to appoint counsel for him, since he could not afford an attorney”(Facts and Case Summary-Gideon v. Wainwright), the judge only permitted appointment of counsel for poor defendants charged with capital offenses and denied Gideon’s request he was sentenced to five years imprisonment. Gideon filed a petition in the Supreme Court of the United States, “the court agreed to hear the case to resolve the question of whether the right to counsel guaranteed the Sixth Amendment of the Constitution applies to defendants in state court”(Facts and Case Summary- Gideon v. Wainwright). A decision of the