c. Arrest situation is the primary circumstance that will occur in police officers feloniously killed in the line of duty.
Many police officers are killed feloniously because they are the representatives to fight evil. These evil people do not consider the lives of police officers and can kill them when they are in the line of duty stopping these evil people from doing acts that are not ethical.
An arrest situation can occur as a primary circumstance if police officers are killed when they are in the line of duty. All the suspects in killing the police officers are arrested under the primary circumstance and further actions are taken after a suspect is proven guilty.
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After a lengthy pursuit involving one assailant and 2 Troopers, the assailants vehicle had been disabled, the assailant decides to flee from the troopers on foot and was seen with a shotgun on his back, and a pistol on his side. The senior trooper on scene fired upon the assailant incapacitating him because he felt there was probable cause that the suspect presented a serious threat of injury or death to officers or others. What popular case law could apply in defense of the officer in this situation?
Answer:
I would think that only if they are pointing the guns at the officers or other individuals.
Explanation:
I found this on the internet though. Hope it helps some.
https://www.pbs.org/newshour/nation/can-police-use-lethal-force-fleeing-suspect
Can police officers shoot at fleeing individuals?
Only in very narrow circumstances. A seminal 1985 Supreme Court case, Tennessee vs. Garner, held that the police may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger to the officer or others in the community. That means officers are expected to take other, less-deadly action during a foot or car pursuit unless the person being chased is seen as an immediate safety risk.
In other words, a police officer who fires at a fleeing man who a moment earlier murdered a convenience store clerk may have reasonable grounds to argue that the shooting was justified. But if that same robber never fired his own weapon, the officer would likely have a much harder argument.
“You don’t shoot fleeing felons. You apprehend them unless there are exigent circumstances — emergencies — that require urgent police action to safeguard the community as a whole,” said Greg Gilbertson, a police practices expert and criminal justice professor at Centralia College in Washington state.
Of the exonerations in 2016, __________ percent occurred in cases where defendants had pled guilty even though they were innocent.
Of the exonerations in 2016, 45 percent occurred in cases where defendants had pled guilty even though they were innocent.
What is exoneration?Exoneration is the action of officially absolving someone from blame; vindication.
Exoneration recordAccording to the National Registry of exoneration, by February 6, 2020, the Registry has 2,551 known exonerations in the United States since 1989. The National Registry does not include more than 1,800 defendants cleared in 15 large-scale police scandals that came to light between 1989 and March 7, 2017, in which officers systematically framed innocent defendants.
Therefore, the answer is 45%.
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Binding versus Persuasive Authority. A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state’s courts. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court’s decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain. (See The Common Law.)
Answer:yes it would be
Explanation:
Decide whether each problem contains mitigating factors or aggravating factors.
1. The defendant is 24 years old and helps care for a one-year-old daughter.
2. The defendant has a prior conviction for the sale of cocaine and is on probation.
3. During the burglary, the home was occupied by an elderly couple.
4. The burglary had been planned by the defendant’s older brother who was armed.
5. The defendant and his brother took over $10,000 in jewelry and electronics.
6. The defendant had a chaotic childhood and attended a poorly funded school.
7. The defendant wrote a letter of apology to the victim’s family.
Based on the situational perspective of each sentence, the statement that the defendant is 24 years old and helps care for a one-year-old daughter, is a Mitigating factor.
What is the Mitigating and Aggravating factor?A mitigating factor is a term that is used to describe the condition or situation that reduces the harshness or fault of a criminal act.
On the other hand, the aggravating factor is a term that is used to describe the situation or actions relating to a crime or offense which then raises its harshness and penalty to the aggravated version of the offense.
Therefore other statements can be categorized as the following:
2. The defendant has a prior conviction for the sale of cocaine and is on probation. - Aggravating factor
3. During the burglary, the home was occupied by an elderly couple. - Aggravating factor.
4. The burglary had been planned by the defendant’s older brother who was armed. - Aggravating factor
5. The defendant and his brother took over $10,000 in jewelry and electronics. - Aggravating factor
6. The defendant had a chaotic childhood and attended a poorly funded school. - Mitigating factor
7. The defendant wrote a letter of apology to the victim’s family. - Mitigating factor.
Hence, in this case, it is concluded that these available statements have mostly aggravating factors while three of them have mitigating factors.
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Whenever a load extends to the rear four feet or more beyond the bed or body of a vehicle at
night, the end and sides of the load must be marked by
A: Four white lamps and two white reflectors.
B: Four white flags and two white reflectors.
C: Four red lamps and two red reflectors.
C. Four red lamps and two red reflectors
The end and sides of the load must be marked by Four red lamps and two red reflectors. Hence, option C is correct.
What is red reflectors?Red reflectors alert drivers to the fact that they are ascending a one-way ramp in the wrong direction or that they shouldn't proceed. Fire hydrant markings are blue reflectors.
Different things call for different colours. The green reflectors are for the ready to go for vehicles.
Thus, option C is correct.
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rial practice is dramatically different in Britain. Each side has two sets of lawyers. Solicitors do not go into court, but they interview any witnesses before trial. Barristers are the only lawyers permitted to argue in court, but they cannot interview witnesses. They know the substance of what each witness intends to say but do not rehearse questions and answers, as in the United States. Which approach do you consider more effective
The British legal system has a division between solicitors and barristers. Solicitors are responsible for advising clients, drafting legal documents, and interviewing witnesses before trial.
Barristers, on the other hand, are specialist advocates who argue cases in court. They are typically briefed by solicitors and present the case in court, cross-examining witnesses and making submissions to the judge.
In contrast, the American legal system does not have such a clear division between attorneys who handle litigation and those who handle non-litigation matters. Attorneys may perform both functions, although some choose to specialize in one area or the other. In addition, in the United States, attorneys are permitted to interview witnesses and prepare them for testimony.
Which system is more effective is a matter of debate and likely depends on a variety of factors, including the specific needs of the parties involved and the complexity of the case. However, it should be noted that both systems have been successful in producing just outcomes and protecting the rights of individuals.
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how does the the three areas of the criminal justice system work with each other
The three areas of the criminal justice system work with each other in a coordinated and cooperative manner to ensure that justice is served. Each area plays a specific role in the process, but they all rely on each other to achieve their goals.
The first area of the criminal justice system is law enforcement. This includes police officers, detectives, and other officials who are responsible for investigating crimes, making arrests, and gathering evidence.
The second area of the criminal justice system is the courts. This includes judges, prosecutors, defence attorneys, and other legal professionals who are responsible for conducting trials and determining the guilt or innocence of defendants.
The third area of the criminal justice system is corrections. This includes prisons, jails, probation officers, and other officials who are responsible for overseeing the punishment and rehabilitation of convicted criminals.
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what is the dominant legal approach toward commerce. it allows the federal government to regulate a wide array of economic activities through the commerce clause?
it allows the federal government to regulate a wide array of economic activities through the commerce clause.
An identified power described for the federal government in the American Constitution is the Commerce Clause. The US Congress shall have the authority "to regulate Commerce with foreign Nations, and between various States, and with the Indian Tribes," according to the clause. Each of the three areas of trade has been frequently discussed separately as a congressional power by courts and pundits. The names "Foreign Business Clause," "Federal Trade Clause," and "Indian Commerce Clause" are frequently applied to refer to the different parts of the Commerce Clause. The scope of the powers given to Congress through the Commerce Clause is a point of contention in the courts.
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what happens with illegally seized evidence in juvenile proceedings?
In juvenile proceedings, illegally seized evidence is handled differently than in adult court. If evidence is illegally seized during juvenile proceedings, it may be excluded from the proceedings and not used as evidence.
An illegal seizure is a search or seizure by law enforcement without a valid warrant or without reasonable suspicion. An officer is required to have reasonable suspicion, or probable cause, before conducting a search or seizure. A search or seizure may be considered illegal if it violates the Fourth Amendment protection against unreasonable searches and seizures. The Fourth Amendment protects against unreasonable searches and seizures by the government, including the police. It applies to both adults and juveniles.
If the evidence is obtained illegally, it may be excluded from the proceedings and not used as evidence. The exclusionary rule is a legal principle that prohibits the use of illegally obtained evidence in court proceedings. The rule applies to both adult and juvenile court proceedings. The exclusionary rule is designed to protect the constitutional rights of individuals and ensure that law enforcement officers do not violate their rights.In summary, if evidence is illegally seized during juvenile proceedings, it may be excluded from the proceedings and not used as evidence. The exclusionary rule applies to both adult and juvenile court proceedings.
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Recently because of the coronavirus, many prisoners are being released. In your own words, discuss this controversial issue. Should have many of the pretrial detainees been among those considered for release? Why or Why not?
Answer and Explanation:
The decision to release some prisoners during the coronavirus pandemic is somewhat controversial and generates a lot of discussion, but it is a health security measure that even in the midst of the controversies cannot be dismissed as beneficial.
The prisoners being freed are those involved in minor crimes and with less social impact, which do not represent major threats. This liberation has been promoted to reduce the number of people in prisons and thus contain the proliferation of coronavirus in prisons, where it is not possible to promote social distance. Bearing in mind that the coronavirus pandemic is something very violent that has been established in our generation, we cannot forget that prisoners are also living beings that must be protected from infection with this virus.
Therefore, although we may consider the arguments against this measure to be correct, we cannot ignore the fact that a moment like this requires adaptations to be made as a form of protection, with the release of prisoners being an example of this.
I have not been selected for a diversity visa twice and now I’m planning to apply for a student visa in Australia. Can I apply? If so, what are the chances of getting a visa?
The mens rea of accessory-after-the-fact statutes states that the accessory personally aided the person who committed the crime. (T/F)
The mens rea of accessory-after-the-fact statutes states that the accessory personally aided the person who committed the crime. This statement is true.
An accessory after the fact is any person who, has the knowledge that a crime against the United States has been committed still receives, relieves, soothes, or helps the offender in an effort to thwart or avoid his prosecution, or punishment.
Mens rea, is a Latin word that translates to simply "the wicked mind" or "guilty mind," has entered modern legal society by radically altering the global criminal law system. The idea of Mens rea first emerged in England in the 1600s when judges began to assert that an act by itself could not constitute criminality unless it was coupled with a guilty state of mind. For Mens Rea, the degree for a certain common law crime varies. Larceny required a felonious mindset, whereas murder required a malevolent mindset.
Mens rea is frequently used in conjunction with the phrase general intent, although this causes ambiguity because general intent is used to explain criminal responsibility when a defendant does not aim to produce a specific outcome.
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the immigration and nationality act of _____ imposed the first permanent annual immigration quota.
The Immigration and Nationality Act of 1924 imposed the first permanent annual immigration quota.
The Immigration and Nationality Act of 1924, also known as the Johnson-Reed Act, imposed the first permanent annual immigration quota in the United States. The law established a quota system that limited the number of immigrants from each country based on their national origin.
The quotas were heavily biased towards immigrants from Western and Northern Europe while severely limiting immigration from Southern and Eastern Europe, Asia, and other regions. The act was intended to restrict immigration to the United States and maintain a certain ethnic composition of the population.
It remained in effect until it was revised by the Immigration and Nationality Act of 1965, which eliminated the discriminatory quotas based on national origin.
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1. Explain your answers to the following questions:
• Why is public order necessary?
2. Does society have enough public order or too little?
john is currently on trial for murder. his attorney can raise the issue of his competence at any point in the adjudicative process
AT ANY TIME DURING THE ADJUDICATION, THE ATTORNEY MAY RAISE THE ISSUE OF HIS COMPETENCE. TRUE 1) Being aware of the legal proceedings. 2) Going to communicate with their legal counsel. 3) Recognizing their importance in the proceedings. 4) Making legal decisions
The issue of a defendant's competence can be brought up at any point during the justice procedure, and it can be brought up by the:
1) the prosecuting attorney
2) Defense lawyer
3) Chief Justice
When the issue of ineffectiveness is raised, the judge will: —Order an analysis of the plaintiff if there is "bonafide reason to suspect" that the accused is capable.
—When making this determination, judges consider the facts of each case as well as the attitudes of each defendant.
—When the issue of expertise is raised, an inspection is usually held.
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Which event must happen for a case to be heard before the Supreme Court?
O Five of the nine justices must agree to hear the case.
O Three of the nine justices must agree to hear the case.
O Six of the nine justices must agree to hear the case.
O Four of the hine justices must agree to hear the case.
Answer:D
Explanation:
In the course, you were presented with a video entitled How to Make Better Decisions. According to the video, you won't make the best decision every time. So, what should you do? (Select all that apply. )
Stick to your decision no matter the outcome
Make the same decision next time to see if it works better then
Have a backup plan
None of the above
According to the video "How to Make Better Decisions," when faced with the possibility of not making the best decision, it is advisable to have a backup plan. Sticking to a decision regardless of the outcome or repeatedly making the same decision in the hope of a better result is not recommended.
The video highlights that making the best decision every time is not always possible. It acknowledges that mistakes and suboptimal outcomes can occur despite careful consideration and analysis. In such situations, it is important to be adaptable and have a backup plan. Having a contingency plan allows for flexibility and the ability to adjust course if the initial decision does not yield the desired results.
Sticking to a decision no matter the outcome can be problematic because it disregards new information, feedback, or changing circumstances that may require a different approach. It can lead to stubbornness and an unwillingness to acknowledge and rectify errors. Similarly, repeatedly making the same decision expecting a different outcome is not an effective strategy. It overlooks the need for learning from past experiences and adjusting one's approach based on lessons learned.
Therefore, having a backup plan is a prudent approach. It allows for adaptation, course correction, and learning from one's decisions. It enables individuals to be prepared for unforeseen circumstances, mitigate risks, and increase the likelihood of achieving favorable outcomes. By having alternative strategies or options in place, individuals can respond more effectively to unexpected challenges or setbacks, improving their decision-making process overall.
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Rebecca is serving as Defense Counsel to Mr. Smith, who has been indicted for burglary. During an interview, Mr. Smith told Rebecca that he had perjured himself at his grand jury indictment before consulting with her.
Answer:
r Smith because he was being perjured
What is one difference between open and closed primary election?
An open primary allows any voter to participate, while a closed primary is only open to party members. This is the primary difference between the two.
The process by which voters choose their preference for a party's candidate or a candidate in general in an upcoming election is known as a primary election, or primaries.
This could also be referred to as a primary election where a candidate to represent a political party is chosen before the general election.
The reason closed primaries are preferred by parties is because they guarantee that the nominee will be chosen by voters who genuinely support the party. Any voter may cast a ballot in an open primary.
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in its written form, the criminal law is also known as ________.
Answer:
Statutes.
Explanation:
In RA9184 or the Government Procurement Act, the term Government Underspending refers to a scenario when a certain agency was not able to spend all of its allotted budget for a certain year leading to a low "Budget Utilization". If a budget is unused, the government therefore was not able to perform its duty of providing the country with good services and can lead to low infrastructure project, low employment and corruption. Underspending can happen for one of the following reasons: a. Failed Bidding where bidders and suppliers either are reluctant to bid to the project. b. Poor planning by the Procurement Agency and Bidding Committee. c. Intentional corruption to allot the money for bonuses rather than for projects. This is the reason why senators are proposing to abolish the Bidding Process of the Procurement Law and just resort to a negotiated bidding where the Government will eliminate the competitive bidding and will just give the rights of doing the projects to big corporations. In your opinion, a. What will be the pros and cons of the proposed Law? b. Do you agree with the proposal? Explain your answer.
No, I disagree with the proposal to abolish the Bidding Process of the Procurement Law and favor big corporations for projects.
The proposed law to abolish the Bidding Process of the Procurement Law and resort to negotiated bidding has potential pros and cons. Pros include faster project implementation, involvement of big corporations, and reduced corruption.
However, there are cons such as limited competition, potential for inflated costs, decreased transparency, and favoring big corporations over small businesses.
I do not agree with the proposal as it may undermine fair competition, transparency, and accountability, while potentially excluding smaller businesses and increasing the risk of corruption in procurement processes.
Preserving the Bidding Process promotes fairness, efficiency, and integrity in government procurement.
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An individual who is accused of a crime has a right to a lawyer for his or her legal defense. What two
constitutional amendments establish the individual's right to legal counsel?
Fourteenth Amendment
First Amendment
The Eighth Amendment
The Sixth Amendment
The Fifth Amendment
Tenth Amendment
The fourth Amendment
Answer:
Sixth Amendment and Fourteenth Amendment
Explanation:
Cagney and Lacey enter into a written contract to open a bookstore specializing in detective novels. The written contract is a 2-paragraph handwritten document, and states that each party will receive 50% of any net profits and that each will devote 30 hours a week to the business. Both parties regard the writing as a final expression of their deal. After being in business for a while, Cagney sues Lacey for breach because Lacey is only working 20 hours per week during the summer months. Lacy attempts to present evidence that shows just prior to signing the contract, Cagney orally agreed that Lacey could work 20 hours a week when her children were on vacation from school. Will Lacey be able to present this evidence at trial?
when the executive branch and its agencies translate laws into routine procedures and practices, this is called
Answer: Federal administrative law
Explanation:
if you are involved in a traffic stop as a passenger, you may leave if you are not detained. State True or False your answer:
a. True
b. False
If you are involved in a traffic stop as a traveler, you may leave if you are not detained. If a passengers are not being held, they have the right to depart. So the correct answer is (a) True.
A passenger is an individual who rides in a vehicle but does not serve as a steward and who is not responsible for operating the vehicle or performing the chores necessary for it to reach its destination. Bicycles, trucks, passenger trains, airplanes, ships, trafficked, and other modes of transportation are examples of possible vehicles. Passengers are often not thought of as crew members, in addition to the vehicle's driver or pilot (if any). For instance, a flight attendant around an airline or a ship's kitchen or restaurant employee would not be regarded as a passenger while performing their duties.
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Canada Contractual Law
Valerie wants to splurge on her new she-shed (outdoor female equivalent of a man cave) Although her she-shed did have a lovely wine fridge and a crystal chandelier, something was missing. She hired a landscaping company – Major Tom’s Ground Control to provide a boxwood hedge, an angel stone path leading up to the shed, and several exotic plants and trees. A contract was drawn up which spelled out what Major Tom would do in exchange for $10,000.00. Valerie provided Major Tom with a $5,000.00 deposit to begin the work they had agreed upon. One stipulation in the contract, was that Major Tom would remove all leftover plant material and debris and clean the property before they left.
On the afternoon the landscaping was to be completed, she arrived home from work with her friends ready to begin enjoying the she-shed. The she shed looked lovely. Major Tom was nowhere to be found but they had left behind a hill of dirt, several shovels, a pair of work boots and two empty cases of beer. Valerie was not happy. She called Major Tom and told them that she would not pay the balance of $5000.00 because they had failed to clean the property as indicated by the contract after the work was completed.
What are the legal concepts and laws that are triggered by this scenario? Does she have a case?
Based on the material in Chapter 7, provide a clear and detailed rationale as to what can be done to solve the problem in this scenario.
The legal concepts and laws that are triggered by this scenario are the Breach of Contract and Contractual Remedies. Valerie has a case in this scenario.
What can be done to solve the problem in this scenario is that a demand letter can be sent to Major Tom’s Ground Control company. This letter should indicate that they breached the contract by failing to clean the property after completing the work and that she will not be paying the balance of $5000.00. In addition, Valerie should include that she is willing to pay a fair amount to have another company come in and clean up the property. Finally, she could inform Major Tom’s Ground Control that if they fail to comply with her demands, she will take legal action against them.
It is necessary to note that a demand letter should be sent with registered mail. This ensures that the letter is received by the intended recipient. If the letter is ignored, Valerie may need to file a claim in Small Claims Court. The evidence to support her claim includes the contract, deposit, pictures of the property, the demand letter, and any other correspondence between her and Major Tom's Ground Control.
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An animal runs 4 meters east, and then 4 meters west, all in 10 seconds.
What was the animal's VELOCITY?
Answer:
v = 0.8 m/s (west)
Explanation:
Given that,
An animal runs 4 meters east, and then 4 meters west, all in 10 seconds.
We need to find animal's velocity.
Displacement of animal = final position - initial position
= -4-4
= - 8 m
Average velocity = total displacement/time
So,
\(v=\dfrac{-8}{10}\\\\v=-0.8\ m/s\)
So, the animal's velocity is 0.8 m/s due west.
4. As of 2018, how many states have a legalized death penalty for capital crimes?
A. 12
B. 30
C. 49
D. 10
27
Explanation:
in the United States, capital punishment is a legal penalty the country at federal level, in 27 States and in American Samoa
1. Few peasants became government workers because of high education costs
2. New class was formed- Mandarins, well-educated civil servants who controlled government
In many societies, high education costs have made it difficult for peasants to attain government positions.
Consequently, the civil service often comprised a class of individuals known as Mandarins. These were well-educated civil servants who held considerable power and control over the government.
The Mandarins often enjoyed significant privileges and were able to exert their influence over decision-making processes. Their education provided them with an advantage over others, and they were seen as the most capable individuals to handle government affairs.
This led to the creation of a new class system where the Mandarins held a prominent position, and their status was often inherited by their descendants.
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What was the issue in the Garratt v. Dailey case?
Answer:
The Garratt v. Dailey case involved the issue of intentional tort, specifically the tort of battery. In this case, the plaintiff, Brian Garratt, alleged that the defendant, Denny Dailey, intentionally and unlawfully pulled a chair from beneath him as he was attempting to sit down, causing him to fall and sustain injuries. The main question in the case was whether the defendant's actions constituted intentional battery, even though he claimed it was an accident. The court ultimately ruled in favor of the plaintiff, holding that the defendant's actions were indeed intentional and constituted battery, regardless of his intent to harm.
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