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Compare And Contrast Imbler Vs Pachtman

656 Words3 Pages

In today’s world a structured society cannot stand without the clear establishment of rules and laws that all citizens are forced to follow if there is to be any hope of peace. In these societies police fill the role of enforcer to these rules and have an obligation and duty to follow these rules to a much stricter degree because if they fail to comply with the law it leaves little hope anyone else will. Cases fill our nation’s criminal justice history with examples of law enforcement and other agencies working against the law and even breaking it in order to obtain the “greater good” and that can be seen in Imbler v. Pachtman (Samaha page 437). In this case a District attorney by the name of Richard Pachtman basically lied threw out the case and decided to pick and choose which evidence best suited his trial needs (Samaha page 437). When the truth finally came out he was protected by immunity and could only be sued in civil court (Samaha page 437). Although rouge prosecutors are rare one is enough to do serious harm to a …show more content…

v. Moscatiello where police lawfully entered a warehouse and in the process discovered drugs, they left the compound as they found it, got a warrant and returned and arrested the suspect for drug possession (Samaha page 393). The court held that the unlawfully entry didn’t help find the drugs (Samaha page 393). Even though the police were in good standing it still shows the law and constitution were fundamentally violated when the police violated Moscatiello fourth amendment right to unlawful search and seizure (Samaha page 393). This case shows that the police can enter a person’s home look around find something leave and come back legally and take what they found while they were searching illegally as long as they can show they would have found it anyway (Samaha page 393). Again if those tasked with keeping the law don’t follow it what is the incentive for the average Joe to follow

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695 Words | 3 Pages

The case that I have found to write about is the case of Shakeel “Blam” Wiggins and the New York Police Department in New York City which happened in September of 2013. This case was originally tried in the state of New York court in New York City. It was based on the fact that a NYPD cop didn’t properly fill out a search-warrant application that turned up a weapon as well as a handgun and a cocaine cache. Unfortunately, Mr. Wiggins is an accused drug dealer with a prior record and he may likely walk due to “a technicality.” Therefore, the New York City Police Department as well as the New York City police union were very upset because a dangerous person may be back on the streets due to a supple mistake.

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773 Words | 4 Pages

By continuing to play an influential role in the investigation, the Manitowoc County Sheriff’s Office violated Steven Avery’s right to a fair trial. Since they had a deep-rooted history with Avery, including his 1985 false conviction, there was no conscionable reason to allow them to even help in this case for the fear of potential bias. This institutional level of misconduct, while not reflective of the entire justice system, reflects gaping holes in the ways in which departments are allowed to continue work on a case they've been removed

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957 Words | 4 Pages

DeMichel provides that the Fourth Amendment prohibits unreasonable searches and seizure while requiring law enforcement personnel to provide notice of their identity and announce their purpose when entering upon private premises. The court found it unreasonable for the officers to forcible enter the premises with first giving the occupant an opportunity to voluntarily surrender the premises. Our client’s Fourth Amendment rights were violated when the plain clothed officers entered the premises without announcing their purpose and without providing Mr. Clavel the appropriate time to voluntarily open his door and surrender the premises for search. The unlawful search and seizure led to Mr. Clavel’s charges of intent to distribute

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1091 Words | 5 Pages

In Arizona vs Gant, the case began when Rodney Gant was arrested for driving with a suspended license (Justia US Supreme Court, n.d.). The arresting officers handcuffed Gant and then placed him into a police car before searching the vehicle Gant had been operating (Justia US Supreme Court, n.d.). Within the vehicle, the cops found cocaine in a jacket pocket. Gant was charged with possession of narcotics (Justia US Supreme Court, n.d.). At trial, Rodney Gant argued that searching his car was a violation of his Fourth Amendment right (Justia US Supreme Court, n.d.).

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946 Words | 4 Pages

okay as long as they were doing their job. This can be okay if breaking the law was completely necessary. During Sean Bell’s it wasn’t necessary for the officers to go against the law, and they went even further and broke their department’s rules. They were not supposed to fire at a moving vehicle, but they did and killed a man. So, they weren’t even acting inside of the law when they killed Sean Bell.

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423 Words | 2 Pages

The subject of this response is from “Under Suspicion” by Clark Howard. In this story, Howard informs us as to what really goes on when it comes to detectives of the police procedural. In “Under Suspicion”, Howard suggests that detectives are manipulative and selfish in the real world; unlike how other stories might portray them. In this short detective narrative, Clark Howard’s characters are detectives who more often than not seem to take rules and laws into their own control.

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1480 Words | 6 Pages

When legal action is taken against an official the defendant will always overvalue information or evidence that is on their side. Also, the defendant may manipulate neutral facts to support their proposed innocence. All in accordance with the autonomous

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1131 Words | 5 Pages

Many today understand the concept of the Linear Model, in which legislators make laws that police enforce, and a court decides the outcome for a criminal; that model doesn’t quite follow the path straightforwardly. In fact, this model is very disillusioned, and it’s been observed in history that laws follow police’s behavior. Neocleous states in The Fabrication of Social Order “’Law reform’ is often little more than a product and legitmation of police operational practices. The law has been formally rewritten to suit the exercise of police power” (Neocleous, 98). Neocleous explains that not only were laws changed to advantage the police and their practices, but also in doing so it perpetuated the power the police had.

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651 Words | 3 Pages

Police officers are the wardens of our society, they are tasked with a duty that weighs on them like Atlas. The average man cannot not match this burden and even some police officers cannot reach the standards of their fellows. So, what happen when a police office is found to be corrupted? Having his fellow police officers collecting a case against him would make the whole situation bias and the corrupted cop could easily get away; this in peculiar has been a major problem in American police since 1900’s. A new method of dealing with police corruption has been adopted in liberal states like California, Washington, and New York, Civilian oversight.

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1230 Words | 5 Pages

Introductory Paragraph From the generals’ tents in Ancient Rome to the streets of today’s cities, police forces throughout history have repeatedly demonstrated an incredible weakness when faced with the temptation of power and greed. This caused police forces to leave citizens across the world and throughout time feeling betrayed by the very forces meant to protect them. Despite the era, political leanings, laws in place or geographic location, history has shown and continues to show us the inability of police forces to resist the influence brought forth by power, money and greed, leading to systemic corruption, unjust law enforcement, discrimination, and police militarization. The problem and influence of greed and corruption on police forces

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238 Words | 1 Pages

Law enforcement relies heavily on police ethics and the judicious use of discretion. Police officers have a broad range of discretion in their roles, allowing them to make decisions in the field that can affect individuals and communities. This choice can also bring about ethical problems, where law enforcement personnel must decide between honoring their duty to uphold the law and doing what's best for the community. This paper will examine the topic of police ethics and discretion, contrasting and comparing each one, and analyzing how law enforcement organizations can better teach, train, and supervise officers' exercise of discretion.

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354 Words | 2 Pages

Have you ever had an encounter with a corrupt police official? Placed into a condition unknowingly aware of the other party’s motives. Police corruption is not rare, unfortunately. Police corruption can be defined as, the violation of state or federal laws, and violation of individuals’ constitutional privileges by police representatives. As well as, when police officials commit crimes for individual profits.

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549 Words | 3 Pages

Police misconduct can lead to a lack of justice and sometimes involves discrimination due to the fact that some police officers think that they have enough authority to tell civilians what to do are the police . In order to control police misconduct, there is a movement for civilian agencies to go beyond their jurisdiction to engage directly in some investigations and to have much greater information into disciplinary decisions. In other words, police misconduct can be seen as false confession, false arrest, police corruption, false evidence, racial profiling, intimidation, and off-duty misconduct. So in order to have a better police legitimacy they need to control police corruption and to star thinking more about the

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719 Words | 3 Pages

The lessons about police corruption continue to break the basic building blocks of the nation. The many variations of police corruption undoubtedly effects perceptions of law as a legitimate establishment. One issue looms in the definition of corruption across the vast cultures within the United States. Suggestively, solutions to police corruption can be reduced by enlisting basic, cross-cultural, mass police department policies and procedures. Efforts to lower police corruption should be based on the selective differences between the individuals that cause it.

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1490 Words | 6 Pages

Introduction There are many ethical dilemmas in the criminal justice field. One ethical issue that the criminal justice field faces is corruption. Corruption is using one’s office for improper gain (Pollock.) and it’s also a behavior which deviates from the formal duties of a public role (Vargas-Hernández). Corruption is hard to expose, but there are many forms of corruption.

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