Paper Example on Criminal Scenarios

Scenario 1

A trooper cannot search a vehicle unless they have a warrant to do so. Despite having the responsibility to ensure road safety, proceeding to search the vehicle of a driver would not be a justified action. According to the Fourth Amendment protection against unlawful search, an unreasonable search by a police officer s prohibited. The courts give police leeway in comparison to searching for a residence. The "automobile exception" comes in because the police cannot always have his warrant while in motion. An individual, as a result, has a lower expectation of privacy in a car than in their homes. The police officer is then with permission from the owner can search if there is a probable cause like the one in this case and if the officer believes that a search is necessary for their protection to Find law (2019).

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Scenario 2: Counter-Terrorism

An informant plays a vital role in the criminal justice system for they are relied on by police to obtain information and warrants. Therefore, based on the information the Officer received, they will be able to attain a search warrant bearing the information that they have a plan to attack the several places selected Natapoff (2018). The Patriot Act Section 219 and 220 states that the required procedures are to be followed during a counter-terrorism approach. Although there can be some people, who may discriminate others and see them be terrorists based on where they come from, the officers who receive such kind of information from a credible source should be able to obtain a warrant to search. The information necessary is the name and rank of the officer he should show the search warrant. If possible, he should have a back up just in case of any lethal action by suspects Thomas G (528).

Scenario 3: Juvenile Case

Assault is a criminal threat that is intentional by actions or words to do violence to a person or another. For an adult, assault is considered as a misdemeanor that is punishable by probation for six months, a fine of $500or 60 days in jail. Although the 1st Amendment of the Constitution guarantees freedom of speech, a threat is not considered to be a freedom of speech. Children are seen to be reckless especially when it comes to the word that they use when angry. In the case of the battery, there is actual bodily harm caused. Juveniles in case of battery and assault Justin may be charged as an adult unless in the fact that the circumstances are the very severe scenario, but he is only that it is not for the first time. A child treated as an adult faces more severe punishment than a child should receive. A charge of felony or misdemeanor can be made for him, diversionary causes, counseling, fines or residential treatment programs would accrue as penalties Ansara Law Firm (2019).

Scenario 4

There are guidelines on how a policy is required to use force. Depending on the situation at hand the police continuum involves; the mere presence of an officer is enough no power is needed. The attitude should be professional and non-threatening for example ask for the identification of the suspect or asking the suspect to stop. Where an officer is required to use force, there are two techniques; a soft technique where the officer can grab and hold individual to retrain movement. The hard technique involves punches and less lethal methods. There are less harmful methods that an officer can use if the situation requires him to do so the National Institute of Justice (2009). In Tennessee v Garner, 471 US 1 (1985) the police officer shot and killed an unarmed fleeing suspect and the family of the suspect sued saying that the rights were violated. In the first instance, it was held that there was no violation, but in the US Supreme court, it was held that deadly force could not be used against a fleeing suspect unless the suspect causes a severe threat to the officer or other people.

Scenario 5

The proceedings begin with the arrest of the suspect where the cause has to be made clear to the person being arrested in this case the murder suspect. On being taken to custody the right to remain silent and to an attorney is issued to suspect. The bail/bond hearings are conducted after there are sufficient grounds to grant bail/bond. If the crime is a felony, the accused will be charged either through a preliminary hearing or one by a grand jury. Then proceed to an arraignment where the defendant is informed of the charges against them and required to enter a plea of "guilty" or "not guilty." The pre-trial is conducted where there is discovery, pre-trial preparation, plea bargain and then the actual trial. After the trial is the verdict, the case is closed. The defendant has the option to appeal depending on the verdict O'Meara Law (2017). The defenses for an accused can be intoxication, the mistake of fact and self-defense National Institute of Justice (2009).

References

O'Meara Law LLC (2017). Illinois Criminal Court Process. Retrieved from https://chicagocriminaldefenselawyer.com/practice-areas/criminal-defense/illinois-criminal-court-process/

The Ansara Law Firm (2019). Juvenile Assault and Battery. Retrieved from https://www.ansaralaw.com/juvenile-assault-and-battery.html

National Institute of Justice (2009). The Use of Force Continuum. Retrieved fr https://www.nij.gov/Pages/PageNotFoundError.aspx?requestUrl=https://www.nij.gov/topics/law-enforcement/officer-safety/use-of-frce/pages/continuum.aspxom

Tennessee v Garner, 471 US 1 (1985). Retrieved from https://legaldictionary.net/tennessee-v-garner/

Natapoff A. (2018). Snitching and Use of Criminal Informants. Retrieved from http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0044.xml

Thomas G. (2005). Terrorism, Race and a New Approach to Consent Searches. Retrieved from https://olemiss.edu/depts/ncjrl/pdf/LJourn03Thomas.pdf

H.R.3162 (2001). United States Patriot Act. Retrieved from https://www.govinfo.gov/content/pkg/BILLS-107hr3162enr/pdf/BILLS-107hr3162enr.pdf

Find Law (2019). Can the Police Legitimately Search My Vehicle Without a Warrant? Retrieved from https://criminal.findlaw.com/criminal-rights/can-the-police-legitimately-search-my-vehicle-without-a-warrant.html