Got a tricky question? Receive an answer from students like you! Try us!

Individual Project - Essay Example

Only on StudentShare
Pages 5 (1255 words)


The investigations and incidences that led to the arrest and subsequent conviction of the defendant are defective. Both Trooper Glover and Officer D'Onofrio obtained the evidence they presented in court without the consent of the defendant. The defendant lawyer could use this to appeal against the conviction of the defendant…

Extract of sample
Individual Project

He took a single picture of the defendant without the accompaniment of Mr. Glover, the alleged buyer. He only relied on the description given to him by Mr. Glover. This is another hitch; what if there is another person who resembles the defendant and may be is the one who sold the alleged heroin to Glover It is hard for the officer to prove that the picture he took was actually of the person Glover described. Glover admits that he had neither met the defendant nor had he seen him before, this also makes his positive identification of the defendant challengeable in court of appeal.
In short, the procedure the officer used to obtain evidence of the case is improper according to the US federal constitution. The defendant lawyer can argue that the evidence given is inadmissible since it is derived by Glover pretence to lure his client to commit a crime. The US criminal penal code states that; .."Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence"( Sec. 54-47a).
Since the court relied on evidence given by Mr. ...
Download paper
Not exactly what you need?

Related Essays

Project Management Bachelor Essay
It consists of five major systems as mentioned which can be briefly described as…
10 pages (2510 words)
Project Management Degree Essay
I would say the company is not too much into strategies, it just try its best to handle difficult situations, try to learn from its mistakes, remember the lessons taken from the blunders that have occurred and try its best not to repeat the same mistakes in future endeavors.…
18 pages (4518 words)
Individual project criminal Justice
Contact is established when an individual comes in contact with a member of law enforcement, generally the police. The individual is, by virtue of the legal construct embedded in the Constitution, presumed innocent of wrongdoing until evidence is given that removes all reasonable doubt as to guilt. Hence, certain conduct is forbidden, including searches of person or property without cause. Although exceptions apply, in general law enforcement must have probable cause to believe that a crime has been (or is being) committed, that the individual has evidence of that crime upon his or her person…
3 pages (753 words)