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Conclusion on police accountability
Tennessee v garner october 1985
Tennessee v garner october 1985
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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.
The case of Mapp vs. Ohio is a case of illegal search and seizure. It went to the Supreme Court in 1961. It is important to today’s society because it might mean the difference between guilty and innocent. I agree with the Supreme Court because it is illegal to access private property without a warrant or consent. The case lasted until June 19, 1961.
1. Facts: “Tennessee vs. Garner” - the decision of the Supreme Court of the USA in 1985 (471 US (1985), which deals with the application of the Fourth Amendment to the US Constitution . According to this decision, a police officer pursuing a suspect should not endanger life-saving escape, if the fugitive does not pose a threat to the life and health of others and / or the policeman himself. October 3, 1974 around 22:45 the officers police Memphis Lesli Rayt and Elton Haimon were on call on a burglary. Haimon walked around the house, while Wright maintained contact with the police station with the help of a walkie-talkie.
Mr. Anthony Wright was charged with first-Degree Rape, burglary, robbery and possession of an instrument of crime in 1991. The evidence against Mr. Wright is the clothing that Mr. Wright allegedly used to commit the crime, his voluntary, and complete signed confession after 14 minutes in custody and they had five witnesses to testified against Wright. There were so many flaws in this case, the clothes at the scene did not belong to Mr. Wright and the officers used two known crack dealers and three teenagers as witnesses against Wright. No one bothered to interview any witnesses to rule out Mr. Wright. He was nowhere near the victim’s home
Recently, state-issued photo ID has been required in order vote since the law passed in the Texas legislature. This law has caused controversy as it brings up the question over the state’s power in the regulation of elections. “While pending review within the judicial system, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which effectively ended all pending litigation. As a result, voters are now required to present an approved form of photo identification in order to vote in all Texas Elections” (votetexas.gov). The U.S. Supreme Court struck down on Section 4(b) of the Voting Rights Act of 1965 in the Shelby County v. Holder case.
Thurgood Marshall was born on July 2, 1908. In 1930 he states for to the University of Maryland Law School but was denied because of him being black. However years later when he applied to Howard University when he graduated, he opens up a small law practice in Baltimore. Marshall won the first Major case in civil rights was due to the precedent of Plessy v Ferguson where it states racial segregation laws for public facilities under the doctrine of "separate but equal", where he sued University of Maryland Law School to admit a young African American named Donald Gaines Murray. With his well-known skills as a lawyer and his passion for the civil rights Marshall because the chief of the National Association for the Advancement of Colored People,
The Ashwander V Tennessee Authority case was argued December 19th 1935. McReynolds claimed that the Tennessee Valley Authority Act was unconstitutional while Brandeis was concurring for it. Brandeis collected and presented the Ashwander rules in the case, which are a set of rules which state that the constitutionality of an internal issue between shareholders should not be disputed or taken too literally. The TVA was firstly signed by President Roosevelt May 18th, 1933. This act was put into place as a part of the New Deal, involved with the intent to help Americans out of the depression and improve the economy of the Country.
Tennessee v. Garner Assignment Tennessee v. Garner is a case where police used deadly force. This is a great case to examine when deadly force should or should not be used. The Fourth Amendments states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This right should not be violated. “Seizure under the fourth amendment would only be reasonable if the suspect posed a threat to safety of police officers or the community at large” Tennessee v. Garner (1985.)
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant
The Dred Scott v. Sandford case had the greatest impact on Race Relations in America because it created a legitimate definition of the citizenship. Scott, a former slave, stated that because of his occupancy in a free state, he is a free man. The other side argued that Scott was still a slave and according to the fifth amendment, no person (master) can be deprived of their property. The initial impact of the case was in favor of the slave owner but this decision was overturned by the adoption of the thirteenth and fourteenth amendment. The thirteenth amendment ended slavery and the fourteenth amendment granted citizenship to everyone born or naturalized in the United States included former slaves who had been freed after the Civil War.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
Thousands of police cases regarding police abuse and other police brutality cases indeed portray a picture of an unhealthy society of the US (Tonry, 2008). For example, cases of Joseph Erin Hamley, Rodney King's arrest and beating, Kelly Thomas, Eric Garner, A San Diego Police Department constable, penalized jail for sexually assaulting multiple ladies, A Tennessee patrolman forced a woman to perform oral sex, Angel Perez and so on are some of the prime examples in this category. Subsequently, it would be judicious to
The “Peace Officer’s Bill of Rights” provide law enforcement officers many of the same rights and privileges of that of the U.S. Constitution’s Bill of Rights. The officers require more protection to prevent coercion from internal investigations that they could easily face during their career. The peace officers bill of rights stemmed from officers wanting a little greater safeguard that protects them from “perceived arbitrary infringement of their rights (Peak, Gaines, & Glenson, 2009, p. 246). According to our text, these statutes identify they type of material that must be afforded to the officer, as to their responsibility to cooperate during the investigation, the right to representation, and the rules and procedures concerning the gathering evidence, especially the interrogation of the officer” (Peak et al., 2009, p. 246).
Thesis statement: Police should wear body cameras because playing body cameras could improve the public’s view of police by showing the human side, help to provide evidence when a person may not be able to, and it protects the officers and public both. Cameras Imagine there is a huge case going on where a police officer is coming under question on if dealt with a potential suspect in the correct way. Now think about the money being used to provide lawyers, a judge, a jury, etc., to handle the high profile case.