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More handpicked essays just for you.
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The Tennessee statute (T.C.A. 40-17-108) state that “after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.” The Memphis Police Department’s policy had similar limits, however still allowed the use of deadly force in burglary situations. There was no action taken by the Memphis Police Firearm’s Review Board or the grand jury (Tennessee v. Garner,
One may easily go past the Arlington County Detention Facility without noticing a multistory building that has reflective windows is actually a jail that has 200 employees that secure and hold a typical inmate population of approximately 500 inmates (slightly larger male-to-female population). Burrowed between multiple office and apartment buildings, is the jail located at 1435 N. Courthouse Road, and it is conveniently situated within a block from the Courthouse Metro station and the courthouse where the criminals are tried. On a recent tour of the facility with my classmates and I took on October 15, 2015, we got the opportunity to tour the jail in its entirety, learn about the booking and jail assignment process, while experiencing the daily
New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
608 F. 3D 614 (9th Cir. No. 08-55662, files 6/18/10, withdrawn and amended, 11/30/10) in a 42 U.S.C section 1983 action based on defendants-officer 's use of a taser on plaintiff at a traffic stop, denial of summary judgment based on qualified immunity is affirmed where, viewing the circumstances in the light most favorable to plaintiff, defendant 's use of the taser was unconstitutionally excessive force and a violation of plaintiff 's clearly established rights. Police must have reasonable grounds to use a taser. Officer Brian McPherson used excessive force when on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed (he was wearing
Chesnie Blankenship Comparing County Jails Wabash County Jail (WCJ) was built in 1979, so the conditions of the WCJ aren’t the best; compared to the Miami County Jail (MCJ). MCJ was built in 2009. The capacity of the WCJ only holds 72 inmates but is holding right now around 84 inmates. WCJ was getting over its rated capacity so they sent 36 inmates over to the MCJ.
Garner case is that officers in question shot and killed an unarmed, non dangerous fleeing suspected felon. This case was brought forth by the victim’s family stating that the victim’s constitutional rights were violated by the actions of these two officers. The question bought into question was is the force used constitutional or unconstitutional. If indeed it was unconstitutional it would mean that the force used was excessive therefore
Dunaway v. New York 442 U.S. 200 (1979), (Detention for interrogation). Terry v. Ohio, 392 U.S. 1 (1968), (reviewed the application of unreasonable seizures). References; Joe HAYES v. FLORIDA, 470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705
Both criminals and officer should be protected. But not all situations are brutal from the 8th amendment, there may be people that watch footage in cases, and inform others. For instance watching the footage and blaming a police officer for using unnecessary force. Although it is an issue, in riot situations, many people believe that officers should have the right to defend themselves and others such as the surrounding; communities, people around, or even businesses. People consider that using tasers or pepper spray or even using just a little force is considered police brutality.
The district court was instructed to consider whether the municipality was entitled to become qualified immunity because its policies had been set in accordance with the state law, and if not, whether the use of deadly force to capture no dangerous fleeing felons was constitutionally permissible. On remand, the district court found that the Tennessee deadly force statute was neither unconstitutional on its face nor as applied. Because the district court found that Garner had not been deprived of any constitutional right, it did not reach the immunity issue. An appeal again was taken to the Sixth Circuit. The appellate court determined that the Tennessee deadly force statute violated the fourth and fourteenth amendments of the Constitution.
In that case, the Supreme Court held that prison staff (whether doctors or officers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
Local jail are usually run by local law enforcements, or local government agencies. Jails are the first point an offender is officially classified as being in the correctional criminal justice system; it is short term designation to hold person who has been charged as misdemeanors versus felonies, and a place for those who are either awaiting adjudication; one may serve within two days to up a year in jail. Jails often operate programs such as work release, and boots camps are designated to help the inmates. Prisons, on the other hands are operated by the state government or Federal Bureau of Prisons. They are designated to hold individuals convicted of more serious crimes, felony.
As of late, congress has been discussing a controversial subject matter that will allow prison inmates to receive Pell Grants while incarcerated. Where is the reasoning that the inmates should receive the exact same opportunity for a college education as we have? There are numerous students that do apply for Pell Grant, in order to assist them with their college costs. But these students that are applying are law-abiding citizens. Keep in mind, that these inmates will get this benefit while they are still incarcerated.
One big difference between jail and prison is jails are generally only for short periods of time usually less than a year. Jails can also hold individuals waiting for trial, conviction, or sentencing they can also hold mentally ill individuals while waiting to be transferred to a mental health facility or juveniles waiting to be transferred. Prisons are long term they generally hold people that have been convicted of felonies and will be there for longer than a year most people in prison have pleaded guilty or have been found guilty in
For decades now, the controversy over deadly force has continued to show up in the news when police officers have acted in a manner that some citizens find just while others deem completely unfair. Many lawsuits stemming from shootings and crimes have found their way to local courts or the Supreme Court to deal with this issue. A portion of the U.S. population finds deadly force unnecessary when non-lethal weapons such as pepper spray or batons just as easily subdue the criminal. In addition, these citizens argue that officers might be liable for cases filed against them if they use excess force on people that seem suspicious but have not actually committed a crime. On the other hand, the opposing argument in favor of deadly force states that