Relationship Between Search, Seizure, Arrest and Reasonableness
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Relationship Between Search, Seizure, Arrest and Reasonableness
DQ1- Jason to April- Do you think that most people understand and can distinguish the difference between a government search and a private search?
DQ1-Jason to Tamara-You pointed out that searches can be of persons, places, or things. One example you gave was of the police searching a vehicle.
Although we have discussed in this class that the 4th Amendment requires us to have a search warrant, we also know that there are exceptions to the search warrant requirement. One exception is a pat down by police for weapons.
In Terry v. Ohio, the Supreme Court held that when police have a reasonable belief that an individual is armed, the police can conduct a cursory pat down search for weapons.
The Supreme court said that the safety of police officers in those outweighs the individual rights of the person being searched.
What exceptions might apply to your example?
DQ1-Bettie to Jason-I don’t believe most people have any idea about laws and their applications. People know basic laws such as traffic laws or those pertaining to crimes committed frequently and reported on the news. And, many know about the 4th Amendment but its application in everyday life? I don’t believe most American’s have a clue about private searches.
DQ1-Bettie-An example of a search and seizure would be if police have been watching a home for a lengthy amount of time because it has been known to be a house that drugs are sold out of, so after a long surveillance the police are able to obtain a search warrant for this specific home to look for drugs or drug paraphernalia and to arrest the people who live within the home. Because the officers have obtained a search warrant, they enter the house and begin searching room by room finding different types of drugs and paraphernalia which are then seized by the officers.
The relationship between search, seizure, arrest and reasonableness would be in order for seizures of evidence and arrests of criminal subjects to happen you must have reasonableness in order to obtain a search warrant and conduct a legal search of a subjects property.
Is there a better solution to the way in which the criminal justice system conducts searches and seizures, as well as arrests? I think that if there was a better solution someone would have come up with it already, if changes needed to be made someone would have found a way to make those changes. In my opinion, we do not need to change something that has been working for many years.
DQ2-Tamara-Jason-An example of exculpatory information is when an individual has given a collateral against the loan taken by him as a security, the bank maintains a clause in the agreement which states that if the borrower evades in repaying the loan after a particular period, then his property will be implemented to make up for the losses.
The criminal justice system is impacted by the exculpatory information because it tends to describes evidence which might justify or exonerate an accused person’s actions and show they had a lack of criminal intent. If exculpatory evidence was not within the duty of the prosecutor, I believe it would hinder a lot of cases because material allegedly not turned could be confessions to a crime or evidence to disprove a crime exist will not be presented in court to aid the defense which is unfair.
DQ1-Tamara to Jason-The preliminary elimination consist of getting rid of cases that should not go to trial innocent suspects will be screened and eliminated along with simple cases removed from the trial dockets. Prosecutors may exercise their discretion to dismiss even when probable cause to convict exists. The grand jury and the preliminary examination are two screening organizations, and the reserved function of each is to decide if the state can present probable cause to support a prosecution.
The preliminary examination applies to individuals’ rights within the criminal justice system because if probable cause cannot be established by the prosecutor the case must be dismissed. In the sixteenth century the preliminary examination was designed to safe guard information of the crime immediately after an arrest.
However, the up- to- date preliminary examination ends with the judge compelling over a case for trial or dismissing, varying on whether are not the prosecutor established probable cause. In the search for justice, other important purposes of preliminary examinations for the state and the defense are setting the amount of bond the defendant will receive if held for trial, the receipt of information about the credibility of witnesses and evidence, the elimination of unsupported charges, and the relief of the accused from the humiliation and expense of a criminal trial.
Relationship Between Search, Seizure, Arrest and Reasonableness
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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