Case: U.S. v. Orozco-Santillan Citation: 903 F.2d 1262 (9th Cir. 1990) Procedural History: The United States District Court for Central District of California indicted Alfredo Orozco-Santillan on three counts of threatening to assault a federal law enforcement officer. Evidence regarding threatening telephone call received by immigration officer was sufficient to establish defendant's identity as caller, as required to support conviction for threatening federal law enforcement officer; officer recognized defendant's voice, contents of call revealed information contained by the defendant, and the defendant admitted to making the call. He was sentenced to 18 months in confinement and three years probation. He appealed on count two and three, arguing that the government failed to prove his statements were threats, and on count one that he was the actual caller. The Court of Appeals reviewed the denial for motion and the evidence, and found Orozco-Santillan was guilty on all charges since there was sufficient evidence to support the verdict by the jury.…
The Hernandez V. Texas case began when Pete Hernandez shot and killed Joe Espinoza. Pete was a crippled Mexican agricultural worker, who was being made fun of by Joe at a bar when the incident happened. On October 8, 1951 attorney Gustavo Garcia, entered a plea of not guilty for Hernandez and argued that Hernandez wasn’t being offered an equal trial, due to there being no Mexican Americans in the jury. The court argued that by law Mexican Americans are white, and the jury was made up of white Americans therefore it was a fair and equal trial. Resulting in attorney Garcia taking the case to the supreme court.…
Officer later arrested Mexican Immigrant, Ernesto Miranda who was taken into custody placed in a lineup and later identified by the victim. The United States Courts (n.d) further highlights…
The literature I will be focusing on in my analysis is Seth Stoughton’s “Law Enforcement’s ‘Warrior’ Problem”, published in the Harvard Law Review journal on 10 April 2015. Stoughton explains how he believes policing is currently done. Which is with a “warrior” mentality that officers are trained to have and how that mentality negativity shapes how the police view, and interact with, civilians by making the officer view everyone as a threat and ensuring the officer requires unchallenged dominance and respect in every interaction. Stoughton says this has created a divide between police and civilians, which is detrimental to the safety of both police officers and civilians. Stoughton explains how he believes policing should be done, with a “guardian”…
raised, and completed the ‘stop and frisk’. He took them to the police station and Terry and Chifton were charged with possession of a conceal weapon. This moment in time is what sprouted the beginning of an effective case. John Terry believed that the search that Detective McFadden had processed was unconstitutional because of the fact that he felt that there was no facts or complete evidence however the court possessed the gun as evidence. The men were being suspicious walking outside of the store, so the state court believed that it was fine for McFadden to search the men.…
Q3. Describe a case incident where a ‘stop and frisk’ is allowed and rationale for it. A ‘stop and frisk’ is something when a police officer stops an individual or a group to question and further to search for weapons or any illegal activities under criminal circumstances. Search includes patting down i.e. checking an individual with hands from the top of the clothes and also removing upper part of clothes if the officer thinks the suspect is carrying some armed weapons and is dangerous.…
Border Security Critique Let’s say a new neighbor has moved in right next to you, do you really know who they are? In other words, do you believe you can trust them? I believe that the United States need to increase border security because of the acts of terrorism within our country. Most of them occur from individuals that aren't citizens of our country.…
The duty of the American government is to provide for the general welfare of its citizens, and considering the amount of drugs and unidentified undocumented immigrants that seep into this country, there should be more done to protect the American people from the threat of drug abuse and the possibility of a criminal activity of immigrants. However, this does not mean to militarize the border and install an impenetrable wall. Although border militarization has been a sought out policy in recent years, it has not done enough for the resources it has consumed. Douglas Massey and Karen Pren, with the Mexican Migration Project at Princeton University, found that the fivefold increase in border patrol agents and twentyfold increase in funding to…
For many years the NYPD has been using stop and frisk as a strategy for combating illegal acts. Police officers stop suspects and search with their hands through the person 's outer clothing to check whether the individual is carrying a weapon or other forms of contraband. The search is done to most suspected individuals (Dale, 2011). Beginning in the 1970s, in an attempt to reducing crime, New York City started urging its officers to stop individuals they viewed suspicious, to question them, and, if there was sufficient reason to suspect unlawful activities, to pat them down for things like paraphernalia and weapons. This kind of police movement has been maintained before: Derived from a case that occurred in 1968 in which the Supreme Court ruled that police officers may conduct limited searches on suspects who they believe are in possession of weapons and other forms of contraband.…
The Mexican American war gave citizenship to thousands of individuals who resided in the American southwest prior to the war. Under the new treaty between Mexico and the United States, these new citizens were considered white according to the law. Consequently, these new citizens were never treated equivalent to Caucasians of Northern European ancestry. They were not allowed to occupy the same bathrooms, restaurants, schools, and even in death they had to be prepared and buried in isolated areas away from Caucasian Americans. Mexican-American lawyers sought a case that would prove that Mexican-Americans were labeled by law as white but were treated in a discriminatory fashion.…
Timothy Murphy once said “Illegal immigration is crisis for our country. It is an open door for drugs, criminals, and potential terrorists to enter our country. It is straining our economy, adding costs to our judicial, healthcare, and education systems.” (Murphy, T) This is an ongoing issue that continues to grow in our society.…
On the other hand, no one wants to consider large masses of people who broke the law to gain entry to a country. The increase in illegal immigration provides for the U.S. criminal justice system. The most obvious form of crime that illegal immigrants bring to the U.S. is often the most overlooked: the immigration itself. It is a crime that is committed by millions of immigrants yearly. By staying in America, they are spending each second inside the U.S. borders doing an illegal act.…
It was a calm and warm night on the border of New Mexico and Mexico. The two nations are at war with each other over a piece of land that stretched from Arizona to Texas. During a routine patrol on the border, a border patrol guard named Billy was patrolling on the U.S side and a patrol guard named Bob was patrolling of the opposite side of the wall. Billy was born in a small town in minnesota in 1980.…
Illegal immigration is a prominent issue that has plagued and affected all Americans for decades. An illegal immigrant is anyone who migrates to a country for permanent residence without providing any form of identification or acquiring citizenship. Many problems develop as a result of illegal immigration including overpopulation, risen crime rates, and unemployment. Because it cannot be stopped altogether, the American government must control the flow of illegal immigrants into the country in order to provide more opportunities for U.S. citizens. Many immigrants come to America for their chance at a better life; some are refugees, escaping persecution and civil wars in their home country.…
What Are the Issues in Policing? Policing has been around for a very long time in society. Policing is simply the duties and tasks that police officers have to perform to maintain law and order in communities. Polices perform such duties as traffic control, criminal investigation, keeping peace, and other helpful services to citizens. Over time, policing has changed tremendously and has had a great effect on today’s society.…