The following essay will outline the variances of two case” Illinois v. Gates and Spinelli v. United States. It will discuss the Supreme Court requires to establish probable cause for a warrant. Illinois v. Gates In Illinois v. Gates, law enforcement received a letter (that was anonymous) stating that the Gate family was in the drug transporting business, and operating between the states of Florida and Illinois. Upon investigation, law enforcement discovered that Gates had made the purchase of an Air Line ticket, traveling to Florida.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
In contrast, Eramo immediately took action in Jackie’s case and arranged meetings with the victim and the Charlottesville Police Department to make the rapist accountable for their actions. In result, Jackie did not want to cooperate with law enforcement in describing the rape or give any names of the men involved – which concluded to no official police report. ISSUE Eramo had to prove that the defendant’s, the Rolling Stone and Erdely’s information in the article was actual malice. COURT’S
But, Muzic said, “It's clear he forced himself upon her” in spite of her lack of consent and because she repeatedly told him to stop. “This all occurs after she explicitly tells him it is not consensual. He proceeded any way.” The section of rape under which Miller is charged says, “No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of
In the case of People v. Hollins, which involved a 32 year old man having consensual sex with a 17 year old girl was not necessarily violating the statutory rape law; he was charged with child pornography due to the fact that he had filmed the encounter and under Illinois statute, which defines child pornography as exploitation of a minor under 18. In my mindset, I do not believe that he would have the right to any due process or equal protection arguments. My opinion stems from this because due process in short, is defined as arrests and trials meeting minimum standards of fairness and upholding laws to ensure they do not violate constitutional rights. The man being charged however was never violated of his constitutional rights because
There were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,
When taking the stand, despite stating that she had never met him and his mother; the evidence for the case clearly showed Principal Podlesny was lying. (Elaboration of Point/Evidence) Principal Podlesny is an ignorant principal who does not ensure safety to the students attending Ashland Middle School from bullying or abuse because of her personal reasons. In this scenario she may have had some difficulties with the fact that young Nabozny had a different sexual orientation than most student at the school. (Analysis) Not only did Principal Podlesny fail to protect the poor boy but most likely many students from bullying and/or abuse from other kids.
Legal decisions The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care.
As we mentioned earlier, the freshman’s mother mentioned to coach McElroy the fact that the upperclassman was calling her son those insulting names. This incident could have been foreseeable by the coaches, and possibly the administration, if the coach reported anything to the principal and athletic director. The Mepham High School football season was eventually cancelled and the three upperclassman were charged with “involuntary deviate sexual intercourse,” “aggravated assault,” “kidnapping,” “unlawful restraint,” “false imprisonment,” “terroristic threats,” “criminal coercion,” “simple assault,” “reckless endangering of another person,” “ethnic intimidation,” and “criminal conspiracy.” Judge Robert J. Conway chose to try the accused as juveniles.
Doe, Delbert W. Smith and Bruce M. Botelho were the petitioners Delbert W. Smith and Bruce M. Botelho, Petitioners v. John Doe I Et Al. SCOTUS. 4 Mar. 2003.
These source do answer the question, but as I continue research, I hope to find the final outcome, as well as further flesh out the dispute, but this is at least a good broad
April Villegas 2/28/2015 Viewing Guide: CJL 3510 - Indictment - The McMartin Trial Prosecutors. 1. The text discusses the prosecutor’s office at work. From the tape, cite some examples of work issues related in the text. In the courtroom is the trial of the infamous McMartin case of child abuse is the District Attorney’s (DA) office.
The case was quite controversial as there was blatant evidence that his actions were premeditated , yet he was still a minor. However, the unique circumstances of his upbringing could have acted
What constitutes an intention to commit a criminal offence has been the focus of intense common law debate for more than three decades. Intention can be separated into two sub-sections: ‘direct intent’ and ‘oblique intent.’ The preponderance of murder cases deal with the concept of direct intent, and prove to be uncomplicated as the defendant embarks on a course of conduct to bring about a result which in fact occurs. When considering the concept of oblique intent, it is essential to look at the case of R v Woolin [1998] 1 WLR, alongside previous cases, to better understand how and why the appellate courts have developed the meaning of oblique intent. It is also important to note that in view of the uncertainty inherent in the judicial guidelines
