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Laws for Mortgages Chapter Writing

Chapter Writing  |  2 pages (607 words)
Bibliography Sources: 0


Litigation and Buying Houses

The Caplans' claim is both logical and legal. They are correct for refusing to accept the house that Faithful Construction, Inc. created, for the simple fact that the latter did not honor the contract into which the pair entered. Moreover, their point of contention with Faithful Construction is far from a minor one. Prior to denoting the magnitude of the error that Faithful Construction made, it is first prudent to understand the contractual obligation which it failed to fulfill. Quite simply, Faithful Construction was responsible for erecting a domicile in which Crane brand products were utilized for all of the plumbing bowls and fixtures. Instead of adhering to these contractual obligations, Faithful Construction instead utilized Kohler brand fixtures -- which was not specified in the contract and effectively breaks the contract. Because the contract was broken on behalf of the construction company, there is no need -- or legal basis -- for the Caplans to fulfill the contract by paying the construction company money for a contract that they did not successfully satisfy.

Moreover, it is worth noting that this particular point of contention, which pertains to the plumbing in the aforementioned domicile, is far from minor. Plumbing and its infrastructure runs all throughout a house. Furthermore, there are a number of expensive costs and points of damage associated with a houses plumbing. As such, it is critical to utilize renowned parts and to certainly utilize those which the builder designates for the house. Although it may appear that Faithful Construction did not significantly vary from the terms of the contract by utilizing a different manufacturer for the plumbing parts, in fact it did. Just because Kohler parts are allegedly equivalent to those made by Crane does not mean that they will function as well, or even properly Therefore,…… [read more]

Crimes That Women Commit Essay

Essay  |  4 pages (1,512 words)
Bibliography Sources: 4


¶ … crimes women commit and are victims of There are significant differences in the levels of given crimes that are committed by women as opposed to the male counter parts, and in the same trend, there are some crimes that women are more susceptible to as compared to their male counterparts. The gender plays a significant role in the… [read more]

Brady V Maryland and Other Due Process Cases Research Paper

Research Paper  |  3 pages (1,026 words)
Bibliography Sources: 3


¶ … Supreme Court cases have clarified that prosecutors must reveal evidence to the defense that could be favorable to the defendant. These cases have established legal precedent that governs such disclosure, and provided the underlying logical basis for it.

The 1963 case Brady v Maryland was one of the first to establish this rule. In this case, Brady and a companion were convicted of first degree murder and sentenced to death. The companion's name was Boblit. Brady admitted that he participated in the murder, but argued that Boblit had been the one who did the killing. In the original case, the Brady guilty plea was done asking the jury not to return capital punishment, but they did anyway. This is what precipitated the move by Brady, asking prosecutors to see Boblit's extrajudicial statements.

All but one of these statements was revealed. However, there was one statement in which Boblit admitted being the one who did the killing, but this was withheld by prosecutors until after Brady had been convicted and sentenced, and the conviction affirmed. Brady petitioned for a retrial on the basis of this newly-discovered evidence. The initial trial court ruling was against the petitioner, but the Appeals court ruled that the petitioner's right to due process was violated by this evidence being withheld. The Supreme Court sided with the Appeals Court, and ordered a retrial on the question of punishment. The Brady case was deemed "an extension of Mooney v. Holohan, where the Court also ruled on what nondisclosure of evidence violates due process.

The Brady case essentially strengthened Fifth Amendment protects for due process, by ensuring that evidence be entered, in particular that the prosecutors cannot withhold key evidence. The suppression of evidence favorable to the defendant was deemed a violation of the defendant's right to due process. The case has been used to discredit law enforcement officers where they have a history of lying or withholding evidence. The presumed credibility of law enforcement has been a tenet of court trials, but this case was one of the earlier instances where demonstrable actions by law enforcement in violation of the Fifth Amendment were noted. The credibility of other witnesses has also come into question as a result of this ruling -- even the suspicion that somebody might be withholding something can discredit a witness.

Giglio v United States was a 1972 case that built upon the foundation of Brady. In Giglio, the government prosecutors can promised leniency to a witness in exchange for that witness' testimony. In this case, there was only one key witness for the prosecution, Taliento. Federal prosecutors promised that Taliento would not face prosecution if he would testify at grand jury and trial for Giglio, with whom Taliento had committed ongoing bank fraud. Without Taliento's testimony, the case against Giglio would have been much weaker. However, the grand jury and trial jury were not informed that the prosecution had made such a deal.

It was held that the failure to inform the… [read more]

How Not to Prosecute a Home Invasion Essay

Essay  |  20 pages (7,383 words)
Bibliography Sources: 5


¶ … Pattern

What follows in this fairly lengthy report is the legal analysis of a prosecution that is taking place in light of a home invasion. While the overall details of the case seem to lead to an airtight conviction, the police and other law enforcement personnel involved make some clear missteps and they are to the point that… [read more]

Different Levels of Law Enforcement Essay

Essay  |  2 pages (600 words)
Bibliography Sources: 1


Law Enforcement

The three levels of law enforcement in the United States are local, state and federal. There are some distinct differences between these different levels of law enforcement. In terms of jurisdiction, local law enforcement typically has these defined by geography. A local law enforcement agency works within whatever city or town is paying for it, and has sole local law enforcement authority within that area. A county sheriff would also be considered at the local level of government, and would other local police like campus police forces, or transit forces (GoLawEnforcement.com, 2015).

Law enforcement at the state and federal levels is more complicated. State law enforcement is geographically limited by their state, but federal law enforcement, such as the FBI, does not have such geographic boundaries. Where these types differ tends to be with what laws they enforce. The difference between state and local law enforcement is usually a matter of what legal code is being enforced -- either the city code or the state's code. For the most part, state law enforcement is focused on state-wide assets like highways, and enforces codes specific to those assets or areas.

There are greater differences with federal law enforcement. At the federal level, crimes are examined that cross state borders. At that point, the FBI or other state agency is brought in to work on things like coordinating the information and expertise of the different local and state agencies that have to that point been working on their cases independently. Thus, federal law enforcement can take over a case, and would do so when there are multiple local law enforcement agencies working on a case with a defined link, like a serial killer case that spans multiple jurisdictions.

These different agencies will all have different authoritative powers as well. Federal…… [read more]

How to Reform the Prisons Essay

Essay  |  15 pages (5,566 words)
Style: APA  |  Bibliography Sources: 1+



US Prison System

The United States prison system has become the subject of much debate in modern society and the media. This has happened for a litany of reasons such as concerns about racial disparities in sentencing, overcrowding, recidivism rates, rehabilitation performance and the policy-making process in general. There are also questions and concerns about the number… [read more]

Using a Plea Deal Term Paper

Term Paper  |  2 pages (618 words)
Bibliography Sources: 2


¶ … Plea or Not to Plea?

The Necessary Evil in the Current Criminal Justice System

Robert Bianchi from the Morris County Prosecutors office makes the claim "why not?" when asked about offering plea agreements. Prosecutors generally have limited resources and they must decide how to make the best use of these resources to serve the community and uphold their objectives. In many of the lower level cases, prosecutors can generally predict what the outcome of a case would be within a given range based on the facts of the case, their knowledge of the local court system, and the basic circumstances related to the accused individuals. Therefore, prosecutors can expedite the legal process significantly by entering into a plea deal and not taking the charges to an actual trial. In a legal system that is largely overburdened on many fronts, this can definitely be a necessary evil for a prosecutor's office in regards to managing their human and financial resources.

Plea deals often carry other advantages such as the ability to minimize the risk associated with taking the case in front of a jury. Sometimes juries can be somewhat unpredictable and the trials might not always go the way that the prosecutor had planned. Although typically the plea deal offers some form of reduced sentencing to the accused, it also guarantees that they serve some form of punishment rather than potentially letting a guilty person go free if the jury does not find in their favor. Therefore, the plea deal does not only offer the prosecutor the ability to save time, but it also takes and risk out of the equation relative to trying the case.

Another advantage to the plea bargaining process for prosecutors is that they have a considerable amount of flexibility in negotiating deals. For example, if they know that the evidence against the accused…… [read more]

Analysis of the Electronic Privacy Control Act Term Paper

Term Paper  |  4 pages (1,289 words)
Bibliography Sources: 4


¶ … amendments, if any, to the act.

Electronic Communications Privacy Act of 1986

The act was enacted in 1986 with the aim of widening the wiretapping applied by the federal government as well as provisions for spying on electronic communication. This act was developed to form some sort of middle ground between the genuine law enforcement and the right to privacy of the citizens of the nation. Through the act, congress tried to assure the safety of private information through the adoption of modern technology (EPIC-Electronic Communications privacy Act (ECPA)). Encompassed in the Electronics Communications Privacy Act of 1986 are several other acts including the Wiretap Act, the Stored Communications Act, and the Pen-Register Act. Wire communication that encompasses all phone conversations is similar to while oral, face-to-face communication happens in person with no expectation that the conversation is subject to interception. The Act specifies consequences for its violation as well as a provision for victims to be awarded damages as a result of a civil suit which is their right under this act. It attracts fines of up to a quarter of a million dollars and a sentence of up to half a decade. However, the country cannot be sued under this act.

The Electronic Communications Privacy Act of 1986 refers to two acts, the Electronic Communications Privacy Act and the Stored Wire Electronics Communications Act. Part of the adjustments made to the Federal Wiretap Act of 1968 was the inclusion of the computer, digital and electronic communications in addition to communications through the telephone lines covered earlier. (ECPA OF 1986).

The ECPA has been further updated to make provision for new forms of communications and technologies and also to make it easier to gain access to information in various forms. Information that falls under the protection of the ECPA includes ongoing information, in transit or stored information on computers whether that communication is oral, electronic, through email or through wire and telephone conversation.

Titles under the Act

Three titles fall under this act. These cover the Wiretap Act, the Stored Communications Act and the Pen Register Act.

Title I is the Wiretap Act and it designates as federal crimes any acts of wiretapping or electronic eavesdropping, possession of wiretapping or electronic eavesdropping equipment, disclosure of information that has been obtained through illegal wiretapping and electronic eavesdropping and disclosure of information obtained through wiretapping and electronic eavesdropping that is authorized by a court, for the purpose of justice obstruction (Koo, 2014). The intention to intercept as well as the endeavor to do so are specifically prohibited in this act unless consented to by one of the parties, is part of a specific radio broadcast, is a part of provision or regulatory communication or has been authorized by statute. Consequences of violations here may include criminal penalties, equitable relief, and damages awarded to victims of violations through civil suits and administrative action taken against violators.

Title II is the Stored Communications Act that prohibits the clandestine access to communication… [read more]

Laws and Certain Situations Essay

Essay  |  3 pages (1,018 words)
Bibliography Sources: 3


Federal and Arizona Law

Fact patterns one and four are in violation of federal law. This statement is particularly apparent in the instance of fact pattern one, in which the judge decided to discuss critical aspects of the court case that he was presiding over with one of the attorneys outside of the courtroom. Doing so violates the legal precedent that judges are not allowed to discuss any aspect of the case with anyone involved in it -- from the witnesses to the jury, from the prosecutor to the defense attorneys -- because doing so could considerably sway the outcome of the court. In the case of fact pattern four, the prosecutor is apparently guilty of withholding evidence. There are very serious ramifications for withholding evidence, which affects the rights of due process. In these instances the prosecutor could actually be subject to a criminal trial of her own, and be punished via imprisonment, disbarring, as well as paying monetary fines (Hennessy-Fiske). Granted, the due diligence of the defense attorney should have enabled that attorney to access the witness's signed statement. Still, the prosecuting attorney was aware of this evidence and deliberately withheld it -- which possibly resulted in the imprisonment of an innocent man.

The conduct in these fact patterns that violates Arizona state law is that found in facts one and four. It certainly is against the law to withhold evidence in a court of law in Arizona. This fact is enforceable both and the federal and state levels. Moreover, the same sort of punishments that the offending attorney was liable for in fact four due to federal legislation are liable for her at the state level as well. It is unacceptable for attorneys to withhold evidence just to influence a jury or court proceeding in their favor. Both federal and Arizona state law attest to this fact. Additionally, Arizona state law prohibits the judge from discoursing with the attorney about the case that they were both working on outside of the bounds of that courtroom. This law is also upheld at the federal level, which merely reinforces the Arizona law which expressly states "a justice of the peace shall have the powers and perform the duties prescribed by law" (Arizona State). There is too much influence that judges can have over attorneys by talking to them outside of the courtroom about cases that they are both working on. Arizona law prohibits such behavior.

The conduct of each of the principle actors in all four fact patterns violates ethical canons and rules for the practicing of the various aspects of law enforcement portrayed within those fact patterns. It is unethical for one to utilize one's professional position for personal gain, which is at the crux of the issues described in fact patterns two and three. Both Jones and Holmes are engaging in acts of graft, and are neglecting their job in the process. From an ethical perspective, probation and police officers are supposed to do their jobs in… [read more]

Prosecutors and Media Intervention Essay

Essay  |  2 pages (330 words)
Bibliography Sources: 3


Triumph of Technology: Anzo Graph Query Engine

The potential of semantic graph databases, scalable analytics, and Smart Data Lakes is fully realized with Anzo Graph Query Engine.

Provides unprecedented analytics/querying capability in terms of breadth of data, scale, and speed -- especially when compared to conventional relational database methods.

Breadth of Analytics

Relational databases are limited by schema and rigid data modeling concerns, which circumscribes types of data loaded in them.

Semantic graph databases shatter this paradigm by storing all types of data in their native formats, and linking them with an evolving semantic model that encompasses new data sources.

Single graph of entire Enterprise Data

Anzo Graph Query Engine exploits this breadth by enabling users to issue much more broad queries than they could with relational options, drawing parallels and relationships between data and sources they didn't know existed.

Scale of Analytics

A. Inordinate amounts of data are readily loaded into Anzo Graph Query Engine, which can encompass billions of triples.

1. Simultaneous querying…… [read more]

Psychological Effect of Being a Crimes Victim Essay

Essay  |  3 pages (1,032 words)
Bibliography Sources: 3


Psychological Impact of Being a Crime's Victim

The objective of this project is to investigate whether Richard Dume, the president of Dume Real Estate Investment Corporation has defrauded Mr. James Smith in a real estate investment transaction between the two parties. Mr. James files a complaint that he has entered into the estate business deal with Mr. Dume to build a real property in the southern part of the country, which should take approximately a year to finish. Mr. James claimed to have transferred five payments of the sum of $55, 000 in each payment through wire transfer to Mr. Dume from the Bank of America to Mellon Bank. Despite receiving the payment, no development has been made on the real estate property. Thus, Mr. James filed a complaint at Economic Crime Unit because he believes that he has been a victim of fraud.

Questions to ask Mr. Smith

I will ask Mr. Smith the following questions.

Is there a signed documented agreement between you and Richard Dume before you start sending money?

In a real estate business deal, a signed documented agreement is very important because the agreement shows that the two parties have entered into a deal, which they are obliged to respect. Doing business with a word of mouth only is very risky because either of the parties can deny entering into the agreement if there is no solid document to prove that the parties have entered into a business deal.

2. Is there a witness to proof that you enter into a business deal with Richard Dume?

The witnesses are very important in a business deal because they will testify in the law court that both parties have entered into a deal. By using a witness, either of the parties will not be able to deny they have entered into the agreement. If Mr. Smith says that there are witnesses, I will collect the phone numbers and contact addresses of all the witnesses.

3. What are the bank account numbers and the names which you transfer the sum of $55,000 five times?

This question is necessary because it will solidify the evidence that the Mr. Smith has transferred the sum to the account of Richard Dume. Other questions I will ask are the contact information of both Mr. Smith and Mr. Dume and their full addresses. Moreover, I will ask for the business address of Mr. Dume in case I will need to contact him.

Moreover, will ask the date and place the agreement has been finalized.

I will also collect the location and addresses where the estate development is to be carried out.

Documentation to Collect as Evidence in the Case

I will collect the following documentation:

First, I will collect the business agreement document showing that the two parties have entered into a business deal. Moreover, I will collect the bank transfer receipts showing that Mr. Smith has indeed transferred the sum of $55,000 five times to the Richard Dume's bank account.

Time to… [read more]

Remote Hijacking as a Possible Form of Terrorist Attack Essay

Essay  |  5 pages (1,525 words)
Bibliography Sources: 5


Airport Operator, ASC, and an Attack on Aviation

An airport operator is an entity that directs and manages an airport. This entity (usually an organization) oversees the linking of the airport to the community of airports around the world so that aviation transportation can be effected smoothly and seamlessly. If an airport is not operated efficiently, chances are airlines will… [read more]

Looking Into Minority Groups and Court System Essay

Essay  |  3 pages (984 words)
Bibliography Sources: 3


¶ … implicit stereotyping and biases, as well as explicit attitudes and biases, and their impact on the American court system.

Bias and Stereotypes

The term "colorblindness" has been utilized to denote the action of separating a defendant's personal characteristics from case-related facts. Claiming colorblindness at court implies asserting the fact that the jury/judge is not concerned with the defendant's socioeconomic standing, race, or gender but, instead, is only concerned with impartially judging case-related facts (Chapter 8 ). However, the question social psychologists and scholars of law continue to pose is whether claimed colorblindness indeed shields judges from their individual biases or not. A number of experimental studies have been carried out to investigate the colorblindness phenomenon. These researches prove that people almost definitely have certain biases towards other people, but might be unaware of it. Such unconscious prejudices are called implicit stereotypes and biases.

The phenomenon of implicit stereotyping represents a perceptual fact of individuals unknowingly holding biases toward certain individuals or groups on the basis of their past experiences. By contrast, explicit attitudes and stereotyping denotes a phenomenon wherein the individual is well aware of the attitudes and prejudices he/she holds against any individual or group. It is not surprising that in case of explicit bias, an individual acts on his/her biases. Furthermore, socio-cognitive studies have proven that even in case of implicit biases, individuals continue to act towards the individual or group supporting that bias/stereotyping (Chapter 8 ). For instance, the crime justice field carried out "shooter experiments" wherein law enforcement officials were put through video simulations. The "shooter situations" forced participating officials to make instantaneous decisions with regard to whether or not to shoot with their weapon when they sense an approaching threat.

How Bias/Racial Disparity Affect Courtroom and Judicial System

History teems with examples wherein minority groups are denied basic justice when it comes to judicial cases, one of which is a historical Southern U.S. account, in the period after the Civil War. In this age, in spite of the declaration that each and every citizen (including minority group members) now enjoys fundamental individual rights, states amended their constitutions, basically disenfranchising African-Americans and the poor White-American community. This political atmosphere denied minority group members fair trial by jury as well as posts as jury members. Vigilante justice for the minorities took the shape of lynching (which was, shockingly, encouraged and not just tolerated). Justice, perhaps, only started being doled out to minorities after the late-60s Civil Rights campaign (Chapter 9 ). According to Amendment VI of the U.S. Constitution, the defendant in criminal trials has a right to seek counsel to defend his stance. The founding Fathers incorporated this right of seeking counsel in Amendment VI for preventing the occurrence of unfair practices such as those witnessed in Britain, wherein individuals charged with felony could not defend themselves. However, unfortunately, in spite of the inclusion of this right, several impoverished suspects couldn't afford a lawyer and Amendment…… [read more]

Do Employees Have a Right to Privacy at Work Research Paper

Research Paper  |  3 pages (1,009 words)
Bibliography Sources: 3


Employee Monitoring: Privacy in the Workplace

Employee privacy in relation to online technology has proven to be one of the most controversial issues in Internet law. Technology has in many ways moved faster than the law, and judges and legislators find themselves having to play 'catch up' as issues arise regarding the need to balance workers' and employers' rights. Employee privacy questions begin even before an employee is hired. Increasingly, employers are making use of 'Google' as a tool in prescreening employees, seeing what online traces the worker has left regarding work habits, hobbies, and political beliefs.

While public records are accessible to all, this does not mean that an employer can discriminate against a candidate if the worker belongs to a protected status, according to the terms of the Equal Employment Opportunity Commission: for example, if an employer discovers that the prospective employee has a disability or is a member of a historically-discriminated against minority group based upon an Internet search, the employer cannot use that information against the candidate. In fact, some lawyers advise not Googling candidates given that if the prospective employee is rejected "and is able to show that such information was uncovered in an Internet search, then the candidate could allege that the impermissible criterion was the reason he or she was not hired," thus requiring the employer to demonstrate that the job-seeker was not discriminated against based upon his or her status (Siegel).

For some employers, however, Googling is not enough and they wish to discern more about the candidate based upon private social networking information and will ask for passwords and other log-in information to all the social media sites used by the candidate. While membership in a protected category of employment is not permitted to be taken into hiring considerations, political views, drinking, and hobbies the employer disapproves of are legal ground for not hiring an individual (Guerin). Given the growing pervasiveness of this, a number of states have taken action to limit this practice, "prohibiting employers from requesting or requiring passwords to social media sites" and Facebook, the most popular online social networking site, made "soliciting passwords a violation of the site's code of conduct" (Guerin).

Once he or she is hired, however, employees should assume that all communications on work-related computers are not private. The federal law, the 1986 Electronic Communications Privacy Act, "prohibits unauthorized interception of various electronic communications, including e-mail" but "the law exempts service providers from its provisions, which is commonly interpreted to include employers who provide e-mail and Net access" (Schulman). Many employers inform employees that their online transactions are monitored, and courts have largely concurred with employers that organizations have a right to ensure that employees are not accessing potentially hazardous sites that could bring down the work Intranet and hamper productivity and that in general that there can be no reasonable expectation to privacy on work computers (Schulman). Even if an employer informs employees that email communications are not monitored and are personal, in… [read more]

Courts and Juvenile Justice System Essay

Essay  |  2 pages (732 words)
Bibliography Sources: 1


¶ … oral arguments in Roper v. Simmons demonstrate exactly how the chief justices reached their decision in the case. The justices debate all the different aspects of the issue, using various forms of reasoning and rhetorical strategies to come to a consensus on the matter. In this case, the chief justices are deciding whether it is constitutional to sentence a person under the age of 18 years to death. The justices begin by talking about culpability and the assumption that juveniles are not equally as culpable as their adult counterparts. Interestingly, some of the justices compare juveniles with mentally disabled persons to show how the courts determine culpability. Justice Layton points out that the comparison does not always make sense because some older juveniles are "equally culpable" as those who are young adults (p. 5, line 7). Following the line of reasoning related to culpability, the justices debate the age limit of 18 as being the standard definition of age of majority. As Justice Scalia points out, the age of 18 is arbitrary. Yet Ginsburg notes that its arbitrariness is less important than the consistency of conferring adult responsibility in the law. Thus, a person cannot vote, serve in the military, or serve on a jury until they are 18 years of age and there is no reason why a person who is not deemed a fully functioning member of the adult community should be considered eligible for the death penalty. These early arguments form the groundwork of the decision.

Also key to the oral arguments in this case is which issues are decided by the states and which issues require federal mandate. The Eighth Amendment to the Constitution includes a provision against "cruel and unusual punishment," which is the pivotal issue at stake: does the death penalty for a minor constitute cruel and unusual punishment? If so, the practice would be unconstitutional and therefore not permitted by any state. If not, then the states would be permitted to sentence minors to death. The justices organize and simplify their arguments by separating the terms "cruel" and "unusual." First, Kennedy analyzes what "unusual" means. To be unusual, something needs to be deemed rare. Kennedy compares the…… [read more]

Criminal Defense Profession Term Paper

Term Paper  |  2 pages (594 words)
Bibliography Sources: 1


Prosecute or Defend: Criminal Prosecutors and Criminal Defense Attorneys

In the adversarial court system, attorneys at law in criminal proceedings assume either of two distinctly different roles, that of criminal prosecutor or criminal defense attorney. My personal choice would be to choose the criminal defense attorney role given the paucity of qualified criminal defense attorneys in the court system today. This lack of adequate defense representation has translated into disparate sentencing of minorities and other socioeconomically disadvantaged citizens that remains a major problem for the criminal justice system. In support of this decision, this paper reviews the literature to provide an overview of the criminal defense profession, the responsibilities of this profession and typical working arrangements. Finally, a discussion concerning the rewards of this profession is followed by an assessment of some of the difficulties that are associated with the criminal defense profession.

What is someone in this profession responsible for?

The concise definition of defense attorney provided by Black's Law Dictionary (1991) states that this profession is responsible for "filing appearance in behalf of defendant and representing such in . . . criminal case" (p. 420). Unstated in this definition, though, is the obligation for defense attorneys to be zealous in their defense of their clients (Weir, 2006) and abide by any professional code of conduct in place, including that promulgated by the American Bar Association (Mann, 2010).

Who would you be working for?

Public defense attorneys work for the government and are paid from funds from the jurisdiction in which they practice while private defense attorneys work for and are paid directly by their clients (Mann, 2010). It is also important to note that conditions vary from state to state and even within different jurisdictions within states concerning the working arrangements for public defenders. In…… [read more]

Analyzing Mcnabb vs United States Essay

Essay  |  2 pages (835 words)
Bibliography Sources: 1


McNabb vs. United States

This essay takes a look and discuses in depth landmark cases that have shaped history and made impact on law enforcement. These are the McNabb vs. United States case and Miranda v. Arizona case.

Interview and Interrogation Background

The main purpose of an interrogation is to obtain information from an unwilling, reticent, non-cooperative individual. The result of an interrogation (that is considered 'successful') is getting a confession from the suspect. However, in most cases interrogators fail to acquire information that is critical enough to resolve a case successfully (Vessel, 1998). Often, the guilty do not make any admission during interrogation. They manage to outwit the experienced officers interrogating them. Such maneuvering helps criminals leave unpunished, free to continue committing crime, and cause suffering to the community. As far as interviews and interrogations are concerned, particularly as an aspect of law enforcement, Criminal Investigation (Swanson, et.al, 2012) has been said to be the most practical, all-inclusive and accurate book in its field.

Significance to Interview and Interrogation/Landmarks

In the Miranda v. Arizona case, four cases that involved custodial interrogation were addressed in the Supreme Court's decision. Detectives, a prosecuting attorney, and police officers questioned the defendant in each case in a room cut-off from the external world. None of the defendants was warned of his rights at the beginning of the interrogation. The questioning managed to elicit oral admissions in the four cases. In three of those cases, the questioning resulted in signed statements and the suspects brought to trial (Facts and Case Summary - Miranda v. Arizona -- United States Courts). The Court decided that the Fifth Amendment privilege is applicable even outside the court proceedings. Its purpose is to protect freedom of action of people from infringement in any way, so that they do not incriminate themselves unwittingly, or even coerced to do so perforce. The prosecution should therefore not use statements that stem from interrogations where the suspect is held in custody, unless there are effective procedures that protect the defendant from self-incrimination.

The McNabb-Mallory rule is not applicable in prosecutions other than those of a federal nature. It derives from the McNabb v. United States, and the Mallory v. United States cases of the Supreme Court. The rule is not constitutional. It is based on the authority of the federal judiciary with the purpose of overseeing the process of criminal justice administration in federal courts. Its aim is to protect a suspect from secret interrogation that the arresting officer might…… [read more]

Fraud Check Fraud and Warranty of Merchantability Chapter Writing

Chapter Writing  |  2 pages (738 words)
Bibliography Sources: 0


Business Law

Tandy purchased a washing machine from Marshall Appliances. Marshall affixed to the sales contract a provision explicitly disclaiming all express or implied warranties. This includes the implied warranty of merchantability. The washing machine turned out to be a lemon, and Tandy sought a refund of the purchase price.

Such a disclaimer serves to release the seller from liability for product defects. In this case, the nature of the defect and the time frame for Tandy's claim are not known. However, the warranty disclaimer is not bulletproof. One of the issues that will be looked at is whether or not this disclaimer is in writing. It is, but in the same print as the rest of the sales contract. This may be an issue, if the matter goes to court, because the court might find that the seller tried to hide the warranty disclaimer rather than being up-front about it. However, because the warranty was contained in the sales contract, and Tandy signed the sales contract, there is a good chance that the court will find that Tandy agreed to this warranty disclaimer.

The warranty of merchantability is a specific warranty that the good in question is fit for sale. This is an implied warranty, and usually this is enforced. This is where the court might wish to know the nature of the defect and the time frame in which Tandy's warranty claim occurred. In general, this warranty must be disclaimed specifically and in writing. A general warranty disclaimer will not suffice, as contract law argues that the goods must be as represented, which means they must be merchantable.

The case write-up is ambiguous. It does not make clear what the actual text of the disclaimer is -- this matters. It matters because unless the warranty of merchantability is cited by name, or it is otherwise made clear that a sale of a good is on an "as is" basis, then the warrant of merchantability still applies, disclaimer or not. In this case, we do not really know enough of the facts, but it sounds like the warranty of merchantability was not disclaimed in this way, and therefore Tandy is correct, that she should receive either an exchange…… [read more]