CASE BRIEF Case Name – Salinas v. Texas, 570 U.S. 12 (2013) Facts – Genovevo Salinas, the petitioner, who was not in custody or read Miranda warnings, agreed to go to the police station to answer questions regarding involvement in a murder. When petitioner was asked if ballistic testing would match ammunition casings found at the scene, he remained silent. Petitioner contended that the prosecutors’ use of his silence to indicate guilt violated his Fifth Amendment rights. Procedural History – The petitioner was charged in Texas state court with murder.…
Taylore Pawlak Hearsay In the case presented to the grand judge, on the murders of Samuel Believme, Joey Dorks and Johnny Wittballs, I believe there are some pieces of evidence that should not have been allowed in court. However there are some that were correctly in admitted into the trial. In this case, Johnny B Good was convicted of murdering the three men listed above. There is a large amount of evidence involved that was correctly used and some that wasn't.…
Here is how misidentification often occurs: A crime is committed, the victim claims they have a vivid memory of the perpetrator, a composite sketch is created and the victim chooses a suspect from the photo and physical lineup. The investigators think they have caught the perpetrator and done justice. They are often times wrong. Eyewitness misidentification has been known as the leading cause of wrongful conviction. A study by the Innocence projects depicts that it plays a role in 72% of wrongful convictions.…
Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text.…
Land has been an integral part of culture since the beginning of time. From the Homestead Act to the modern real estate development age, we care about where we live. We showed through the American Revolution that we are willing to fight for the land we love. However, under the Takings Clause of the 5th Amendment we are prevented from this specific action, fighting for something we love. The Takings Clause states, “nor shall private property be taken for public use, without just compensation."…
James Stevens also clarified to Brenton Butler’s lawyer that he does not recall talking to an officer about the description of the individual who murdered his wife. The eyewitness in this case was confident on his statement but lack on being reasonable throughout the process of testifying it. This shows how Steven’s eyewitness evidence was not precise despite of how confident. In the article “Descriptive Eyewitness Testimony: The Influence of Emotionality, Racial…
What do you think about the miranda rights.these miranda rights can also be called the miranda warning. Weah do you think it is important that cops read you your miranda rights. Another good question is what would happen if i did not read you your miranda rights, well if a cop doesn’t read your miranda rights then some people think they can escape punishment. the reason cops read you your miranda rights is if you're in trouble you might want to know what you can do to help your case. However A Cop still has to infer these to you.…
This brings the current issue to light, which is the use of Jailhouse informants and questions as to whether the use of such practices is in violation of the Fifth and Sixth Amendment right to council. The Orange County District Attorney’s Office along with the Orange County Sheriff’s Department have been under heavy scrutiny lately over allegations of evidence obtained in their use of jailhouse informants in criminal trials is a violation of the accused’s right to due process. This has led to the Department of Justice being called in to investigate such allegations and a committee being created by District Attorney Tony Rackauckas to evaluate his office’s use of jailhouse informants (Ferner, 2015). “Orange County prosecutors’ ‘win at all costs’…
The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container.…
The 5th amendment gives the right to due process. These rights gives a fair legality and cannot be from their life unless trailed in court fairly. The due of process is a legal requirement that the states must respect all legal rights that are owed to a person. It has been often interpreted as limiting the laws and legal proceedings so the judge instead of legislators can promise fundamental fairness, justice and liberty fairness to the trial.…
The United States government under the articles of confederation was an almost unmitigated failure. In an attempt to protect the sovereignty of the individual states, the federal government was given practically no power. After the Shays Rebellion of 1791, it became apparent that changes were necessary, and the United States federal government was reorganized under the Constitution of the United States. Concurrently, concerns about citizens’ rights led to the ratification of the Bill of Rights alongside the constitution. Each of these amendments to the Constitution is essential in their own way, but perhaps the most important of the amendments was the fifth, which codified the right to refuse to be a witness against oneself in a criminal case.…
Introduction The Fourth Amendment states that “the rights of the people to be secured in their persons, houses, papers and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported, by the oath of affirmation, and particularly describing the place to be searched and the persons or things to be seized.” This simply means in laments terms that every US citizens is entitled and promised protections against personal and property invasion as well as entitled to be inform of the nature of the search and detailed what place and things are subject to be searched. The fourth amendments also lays out a requirement that a warrant must be obtained and must be done so only…
In conclusion, both an eyewitness and the reasonable person provide standards in the court of law that are used in determining whether to convict a suspect, as demonstrated by the eyewitness in the State v. Hendersen (2011) case. Unfortunately, both standards are based upon subjective perception. For example, human error in memory processing may decrease the accuracy in an eyewitness testimony. Research should be done on individual interpretation as it relates to an eyewitness or the reasonable person in order to prevent any wrongful…
In a study done by Steven D. Penrod and Brian L. Cutler, eyewitness identification was tested to find the most reliable effects on eyewitness performance. The studies that they performed indicated that jurors ' evaluations of identification evidence are heavily influenced by the confidence of the eyewitness. Unfortunately, in this case and in many other cases, the confidence of the eyewitness did not matter because he still identified the wrong man. The correlation between confidence and accurate eyewitness identification is weak (Penrod & Cutler, 1989). Because the victim’s husband was so confident in his identification, the cops did not feel obligated to find all of the evidence that they needed to prosecute Brenton.…
The O.J. Simpson Trial: How the Media and Race Influenced the Decision The legal decision of The People versus O.J. Simpson forever changed legal proceedings in our country, and is regarded as one of the most controversial court rulings in American history. The murder trial was unique due to the high profile status of the people involved, the circumstances surrounding the crime, and the media attention that the case received from the media. The crime occurred in 1994 Los Angeles, a racially charged area of the country still feeling the wounds of the Rodney King incident. Due to the conditions of the crime, as well as the personal history of many of the officials involved, a lot of the American public felt that O.J. Simpson was an African-American…