In the situation described and following the definition and common use cases of precedent, I would confirm that it is my opinion that the judge in question did in fact fail to follow precedent.
Precedent is described as a past event and/or action which is used as a guide when considering the course of action for a similar situation. Given the keyword "similar" in this definition, it can be argued that in order for precedent to apply to a situation, it is not necessary for the details of each situation to be identical.
Therefore, the defense attorney can argue the failure to follow precedent based solely on the similarly obscure nature of each law. Furthermore, if the defense attorney is able to procure evidence of past infractions of this law for which no charges were upheld, it would almost certainly result in the appeal being granted and the subsequent review of the law in question.
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5 paragraph Essay about law enforcement in the United States
Answer:
There are close to 18,000 different police agencies operating in the United States today. These different police agencies all fulfill a role in the criminal justice system. To manage the sheer scale of operating these agencies they are broken down into different levels, branches of government, and jurisdiction. The scale of these agencies can be seen as a progressive stair case starting with the lowest level, the local agencies, and working its way up to the federal agencies. Their collective primary goal is enforce the law, maintain order, and ensure public safety. They do not determine guilt in long trials, nor do they create law. Instead these collective agencies are more focused on working within the general population instead of working on behalf of the general population.
The first level of a police agencies are those that are at the local level. Even the local level can be broken down further to agencies operating at the municipal level, county level, and tribal agencies. Municipal police or city police are those agencies responsible for law enforcement with in their city boundary. These agencies car vary in size from 1 officer to 30,000 officers. Municipal police are generally tasked with traffic enforcement, patrol, and depending on the resources available they are also tasked with criminal investigations. Next is the county sheriff and deputy sheriffs. Most of the sheriff positions are elected officials serving 2 to 4 year terms. The county agencies are responsible for law enforcement within the boundaries of their respective counties. They are tasked with similar duties as those of municipal police, and can also provide help to smaller municipal agencies. The Next level up from local agencies are the state agencies. Some states use a state police agency, like Texas or Massachusetts, these agencies are responsible for law enforcement at the state level. Most are tasked with highway patrol and statewide investigations. The state police execute search warrants in some states and help responded to situations where the local police do not have the resources available. Some states only have a highway patrol like here in Colorado. The highway patrol is responsible for enforcing traffic laws on state highways and interstates. The investigative side of law enforcement is normally handled by a state bureau of investigations. 23 states employ a state police force, while the rest employ a highway patrol with the exception of Hawaii which has no state agency. The final level of police agencies In America are those that operate at the federal level. There are currently 65 federal agencies operating today in the country. These different agencies have various responsibilities ranging from law enforcement, border patrol, customs, taxes, and corrections. The most commonly known agencies are the FBI, ICE, Boarder Patrol, ATF, and the Marshals. Agencies like the FBI are tasked with investigating crimes at the federal level these can include crimes that violate federal law, interstate crime rings, and terrorism. Each agency has a specific role to play in investigations. The ATF for example investigate crimes related to illegal use or manufacturing of alcohol, tobacco, firearms, and arson. While agencies like the DEA are tasked with drug trafficking prevention and investigation. Different agencies fall under different departments of government, for example the FBI and DEA fall under the Department of Justice under the executive branch of government. While agencies like the IRS fall under the Department of the Treasury. Each of the agencies has a role to fill and their domain to maintain, but they must also work in conjunction with the different components of the criminal justice system. The police agencies are not the only source working and governing in the criminal.
Explanation:
by european law, feta cheese can only be called feta if it is produced in what country?
Answer:
particular areas of Greece
Betsy Borden is accused of murdering her father. In her defense, she calls her minister as a character witness. He testifies to her peaceable and nonviolent reputation. She also testifies in her own behalf to an alibi defense. The prosecution has evidence that within the past five years Borden was convicted of Disturbing the peace, a misdemeanor punishable by six months in jail. The conviction arose from an incident in which Borden disrupted a restaurant by throwing her meal at the server. Should the prosecution be allowed to make use of the prior convictions in any way at trial
Answer:
I don't believe the prosecution should use the prior conviction in trial other than to provide a background. Since she was already convicted of the crime it can't be used against her anyways.
Explanation:
Billy Bob is 42 years old, lives in Arizona, and moved to the United States 6 years ago.
Which side of the Legislative Branch can he serve in? Why?
Answer:
He could serve as part of the senate since he is atleast 30 years of age.
Explanation:
In a legal memorandum, when discussing how other cases have addressed an issue that you are analyzing, you need to include ____ the cases.
Answer:
In a legal memorandum, when discussing how other cases have addressed an issue that you are analyzing, you need to include _citations to___ the cases.
Explanation:
can you claim self defense if you are committing a crime
Answer:
Depends
Explanation:
Sometimes you can because it really depends, if you commited the crime and then claimed self defense just to reduce the time of your sentence people might belive you, but the moral of the story is , yes you can
(depending on your state)
Answer:
As the other person said, it depends.
Explanation:
If someone was aiming guns at your face or someone was trying to kill you, or maybe someone was harassing you. And you hit them back to the point they couldn't breathe, yeah you can, it should give you some wiggle space in court if you say that.
Explain how the forms of demand supply will eliminate a market surplus
Candace works as a defense lawyer and, in court, makes an accusation of misconduct related to the process of discovery. What might Candace be claiming?
A.
Officers lied on the witness stand.
B.
The jury was not impartial or fair.
C.
The sentence was unduly harsh.
D.
The prosecution withheld evidence.
Answer:
B the jury was not fair
Explanation:
Restraint use among younger novice drivers is
a)
b)
c)
Below average
Average
Above average
Answer:
A I think that's the answer
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Who MOST likely carried out the Gardner Museum heist, in which $500 million in art was stolen and none has been recovered? OA. habitual thieves B. professional thieves C. persistent thieves d D. occasional offenders
Answer:
B. Professional thieves
Answer:
professional thieves
Explanation:
The "professional thief" is a highly specialized predatory offender with a history that dates back to Elizabethan England. Although this type of criminal is generally associated with narcotic addiction, his drug-taking typically involved the use of heroin, morphine, and cocaine on an intermittent basis.
Also, I took the quiz :)
Someone you know gets a perfect score on the SAT. What personal, family, and social characteristics do you think they have
If someone gets a perfect score on the SAT, they will most likely have 1 to no friends because she or he would be studying all the time. The reason she or he may be studying all the time may be because of their family. Their parents may push them too hard which made them feel like they have to get straight A's and it is a way of making their parents proud. On the other hand, they might have also be living in a poor area. Most kids from a young age may see their parents and where they are at now and use that as something that pushes them to do good in life to get out of an area like that. They are not social at all and they most likely are a teacher's pet. They never go to parties or get in trouble. They most likely have a perfect attendance.
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what 1978 law amended title vii of the civil rights act?
What is the Definition of Feebleness
The United States Supreme Court can overrule a decision made by a state's highest appellate court only when an issue of _____ is involved.
Answer:
The United States Supreme Court can overrule a decision made by a state's highest appellate court only when an issue of constitutional procedure is involved.
I hope this helped at all.
Holding people in jail without bond to ensure both their appearance at trial and the safety of the community is known as:
Answer:
The answer is Preventative Detention
Answer:
Holding people in jail without bond to ensure both their appearance at trial and the safety of the community is known as preventive detention.
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When does the law give a blind pedestrian special consideration at intersections where there are no traffic lights
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Andre is found murdered in the office of his construction company. His father began the company when Andre was a boy and several of Andre's brothers and cousins work for the company. After a lengthy investigation, detectives uncover evidence that Andre's brother James shot Andre in order to take his place as the manager of the company. Since the perpetrator was a member of Andre's family, what type of homicide would this be classified as? A. friendly homicide B. primary homicide OC. close homicide OD. secondary homicide
Answer:
primary homicide
Explanation:
instrumental crimes that involve premeditation and are less likely to be victim precipitated. False, primary homicides are expressive crimes that result from acts of interpersonal hostility. Who is involved in non primary homicides? Strangers, no prior relationship between victims and offenders
Since the perpetrator was a member of Andre's family, it is a type of primary homicide. The appropriate response is option B.
What is homicide?Homicide, or the killing of one person by another, The term "homicide" refers to both criminal and noncriminal killings, including murder, manslaughter, and various forms of homicide.
First-degree murder in the United States is defined as a homicide committed with intent or as part of a major offense (e.g., kidnapping). Less severe degrees of intent are required for second- and third-degree murder.
Noncriminal homicides include murders carried out in self- or other-defense as well as fatalities brought on by accidents caused by people acting lawfully.
Primary homicides are expressive crimes that are the outcome of hostile activities committed against other people. Who is responsible for secondary homicides? There is no history of acquaintance between the victims and the culprits.
Hence, the appropriate response is option B.
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Todd leaves his bag with a BB gun in it in the locker room after game. Janitors find the gun when looking for ID in the bag. The next day, he is taken from class by police and a principal. He is interviewed and told he had to answer the questions. He was not told he could talk to his parents or a lawyer.
Amendment involved: Was it violated?: How?:
Answer:
it is violated
Explanation:
You have the right to remain silent and you have the right to a lawyer. by not giving todd his rights, they have commited an offense and he has the right to a retrial
Answer:
Yes it was
Explanation:
what is the punishment for drunk driving and killing someone
Answer:
You could face 10 years in jail, and a 25000$ fine.
This only applies to Philadelphia. It is different for other states/countries.I hope this helped at all.
mendel’s laws of segregation and independent assortment are based on the movement of chromosomes during meiosis, even though mendel did not know about chromosomes during his lifetime. can you match each of the following events with the law it illustrates?
According to Mendel, the law of segregation posits that an individual has two alleles and a parent typically passes only one allele to the offspring.
Your information is incomplete. Therefore, an overview of the law of segregation and independent assortment will be given. Mendel's Law of Independent Assortment implies that the inheritance of one gene is independent of the inheritance of the other pair.
It should be noted that the law of segregation and independent assortment are vital during meiotic division. Mendel's law of segregation simply entails how homologous chromosomes are separated in meiosis.
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Article I, Section 9 of the U.S. Constitution lists these types of powers that Congress does NOT possess.
Answer: Congress cannot pass ex post facto laws (outlaws acts after they have been committed). Congress cannot pass bills of attainder (punishes individuals outside there court system)
Explanation:
legal decisions made by judges in court cases are called
Answer:
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.
Explanation:
What was the role of judicial review in FBI versus fazaga
The case is about the fbi illegally spying on a Muslim community in California
Answer:
It preserved judicial review in civil cases that contained allegations of unlawful surveillance, citing the Fourth Amendment as a protector.
A judge tries to save his friend, the defendant in a drug related case, from embarrassment by closing the trial to public and the media.
Amendment involved: Was it violated?: How?:
Answer:
It has also decided that the right to a public trial is not absolute, and that both the government and the defendant might request a secret trial in specific circumstances. The Sixth Amendment mandates that criminal defendants be informed of the nature and basis of their charges.
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а After a natural disaster, police see a rise in crime because people are out of their normal routine. This is an example of social disorganization theory. A. True B. False
The question is not an example of social disorganization theory because the condition of the environment contributed to the increasing crime.
The theory of social disorganization asserts that person’s physical and social environments are primarily responsible for the behavioral choices made by the them.
According to the theory, the location of people does matters when it comes to predicting illegal act.
According a Chicago-based research, they concluded that location with highest crime rates have common problems including
physical dilapidationpovertyhigh level of ethnic and culture mixing.In conclusion, the question is not an example of social disorganization theory because the condition of the environment contributed to the increasing crime.
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Answer:
false
Explanation:
Hi I’m Ivan and I Need help with quiz cant fail plz help
Answer:
what are the questions
Explanation:
who uses brainly to study? I thought we were all here to cheat on tests. but the ads say diffrent
Answer:i dont know who is here to study
Explanation:
Answer:
It is neither. Brainly is a whole scam.
While out one night, Kenneth and his friend Daruth begin to argue over money that Kenneth believes Daruth owes him. Daruth insists that he already paid it. Kenneth disagrees and becomes visibly upset as he needs the money to help his family cover some significant debt. Later, as Daruth leaves the restaurant, Kenneth comes out of the shadows and shoots Daruth, killing him. Of what kind of crime is this an example? A. nonprimary homicide B. expressive crime OC. instrumental crime D. mass murder
Answer:
expressive crime
Explanation:
which is sometimes termed affective aggression, involves violence that is not directed at the acquisition of anything tangible or designed to accomplish anything specific other than the violent outcome itself. Assaults, disorders, and domestic violence are examples of expressive crime.
Which of the following is NOT an effective strategy to manage stress? Accept minor setbacks in your goals. Break down goals into smaller steps. Give yourself credit for accomplishments. Treat yourself to junk food.
Answer:
Treat yourself to junk food.