Differential Treatment
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In your opinion, what can be done to limit or eliminate differential
treatment when it comes to the courts?
Pleasantville police officers Fred and Barney were dispatched to investigate a robbery alarm call at the Hop-In liquor store. Central dispatch advised the responding units that they had attempted to call the store by phone, but there had been no answer. Upon arrival at the Hop-In, responding officers found the front door standing wide open and a male store clerk lying on the floor inside, deceased from an apparent gunshot wound to the chest. The cash register was empty and the store had been ransacked.
Officers quickly reviewed the store’s security videotape for evidence. The video depicted two male suspects, one wearing a red hooded sweatshirt and the other wearing a green T-shirt and blue baseball cap. Officers broadcast the suspects’ descriptions to other Pleasantville officers, and within an hour, two suspects were under arrest for the robbery and murder of the store clerk. The suspects were identified as Larry and Moe. Larry and Moe were booked into the Pleasantville jail and placed in separate cells pending follow-up by Pleasantville detectives.
The following morning Detective Smith interviewed the suspects separately about the robbery and murder. Detective Smith advised each of the suspects of his rights under Miranda. Both Larry and Moe refused to make any statement (invoking their Fifth Amendment protections) and demanded that they be placed back in their respective cells. Detective Smith called for jail guards to take the suspects back to their cells. As the guards were doing so, they noticed graffiti on the jail cell walls. In Moe’s cell, the wall read, “Sorry God for what I have done, no one was meant to die.” In Larry’s cell, the wall read, “I am innocent of murder, I may be guilty of robbery, but I didn’t kill anyone, it was Moe!”
Larry and Moe are charged criminally for the robbery and murder of the store clerk. During the trial the prosecutor attempts to enter the writings on the jail cell walls as evidence against both defendants. The prosecutor calls the jail guards as witnesses to testify that the graffiti writings were not on the wall prior to Larry and Moe being placed in their individual cells. The attorneys for Larry and Moe object to the writings being admitted as evidence. They base their objection on the fact that each defendant had clearly invoked his Fifth Amendment rights.
The judge advises the courtroom that she will need a few minutes to review the defendants’ objection and orders the court into a thirty-minute recess. Now it is your turn to be the judge. While reviewing defense counsels’ objection, you must decide the following:
1.Should the writings be allowed into the trial as evidence?
2.Can Moe's writing be used against him? Why or why not?
3.Can Larry's writing be used against him? Why or why not?
4.Can Larry’s writings be used against Moe? Why or why not?
Answer:
1-2-3-4 NO / Who's to say an officer didnt write that inside the cell to have a quick and speedy trial where they are both found guilty but one with a lesser term ? Even if prior to Moe and Larry being kept in SEPERATE cells , this would make it seem more evident that they are blaming Moe for the murder. Larry could have accepted a plea deal to get a shorter sentencing then Moe and only face Burgulary charges indefinite to the counts of murder Larry could face.
Explanation:
EVEN if this is true and Larry commited the henious crime , it cannot be used against him in terms of evidence since when he first got arrested and it was informed to him of his rights under Miranda Law he still pleas the fifth here in the excerpt "Both Larry and Moe refused to make any statement (invoking their Fifth Amendment protections)" this is prior to getting arrested and prior to being interrogated , This does'nt mean either of them are guilty yet BUT makes them look suspicious/guilty infront of the jury. This is because they didn't want to be interrogated or questioned.
THE RIGHT REASONING WOULD BE NO UNDER ALL CIRCUMSTANCES!!!Activity 6
Directions: Write TRUE if the statement is correct and FALSE if not. _______1. Blood distributes oxygen and nutrients throughout the body and assists in the removal of metabolic wastes.
_______2. The is the control center of the body.
_______3. Both the and the lungs support each other to allow distribution of nutrients and oxygen to all parts and the removal of metabolic wastes.
_______4. If the brain stops, all processes of all body parts will continue working.
_______5. The principal function of the lungs is to transport oxygen from the atmosphere into the bloodstream and to release carbon dioxide from the bloodstream into the atmosphere.
True 1. Blood distributes oxygen and nutrients throughout the body and assists in the removal of metabolic wastes.
False 2. The is the control center of the body.
False 3. Both the and the lungs support each other to allow distribution of nutrients and oxygen to all parts and the removal of metabolic wastes.
False 4. If the brain stops, all processes of all body parts will continue working.
True 5. The principal function of the lungs is to transport oxygen from the atmosphere into the bloodstream and to release carbon dioxide from the bloodstream into the atmosphere.
In the dual court system, the three basic tiers include trial courts, ________, and supreme courts.g
Answer:
intermediate appellate courts
Which theory proposes that the best way to deter crime is with punishment that is strict, sure, and swift to outweigh any benefits of law violation?
General theory of crime
Choice theory
Social control theory
Critical criminology
Answer:
Deterrence theory states that if punishment is certain, severe, and swift, then people will refrain from committing criminal acts. Deterrence theory is at the core of the criminal justice system, and the basis for most of strict punishments and long prisons sentences.
what are seven reasons police officers are allowed to exercise discretion in the day to do work?
Answer:
the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied
whether to draw his weapon. whether to make an arrest. whether to issue a traffic ticket or other violation
Explanation:
Fires that occur as result of human action or inaction but without malicious intent are classified as:
Select one:
A. unintentional.
B. natural.
C. accidental.
D. negligent.
Answer:
C. accidental.............
Question 3 (1 point)
Both Hazelwood v Kuhlmeier and Tinker v Des Moines dealt with freedom of
expression
True
False
Answer:
True
Explanation:
Under what circumstances should a compensatory model be used when should a multiple hurdles model be used