Criminal Justics And Theories Essay

2917 words - 12 pages

While in my class I learned a variety of things but the most important topics that stood out to me were the cases. As a class we went over several criminal cases but it were only a few I preferred. One of those cases were Berkemer v. Mccarty. The case originally came out of the U.S District Court for Southern District of Ohio, but later was brought to the Supreme Court. The crime that was charged was operating a vehicle under the influence of alcohol and drugs. An Ohio State Trooper by name of Williams observed McCarty weaving in between lanes. The officer then pulled him over, and the officer asked McCarty If he had been drinking. Honestly, McCarthy stated that he had consumed two beers and marijuana. After the confession he was taken into custody for driving under the influence. Once McCarthy arrived at the jail, he was given an intoxilyzer test and McCarthy passed it. It was also found that the state trooper did not read McCarthy his rights prior to being arrested. The issue that is brought in this case is did the roadside questioning of McCarty be considered custodial interrogation? The court ruled that he did not have to be read his Miranda rights, because of, word of mouth. The Statements McCarthy made prior to his arrest and at the jail was admissible against him.
The next topic I liked in this class was also a case. U.S. v. Salerno was a very interesting case because of the mob ties, so it immediately caught my attention. The crime that was charged , was a 29-count indictment alleging various Racketeer Influenced and Corrupt Organizations (RICO), and wire offenses, extortion, gambling and committed for pretrial detentions. This case is about Anthony Salero and Vincent Cafaro who were arrested in 1986, after being charged in a 29- count indictment alleging various activities. These activities were mail and wire fraud, gambling and extortion. The government had wire taps to help themselves to put these guys in jail. Furthermore, with the bail reform act they were allowed to be arrested. The government states, since they were the head of the Genovese crime family, they would be a danger to the community. The issue that was raised, did the Bail Reform act authorize the detention prior to trial of suspects charged with serious felonies? The answer is yes, because the act authorizes the detention of suspects before going to trial based on suspects being charged with serious crimes. Then the court makes a decision, if the two suspects are a safety concern or a threat to the community, and they were found to be a threat, that is where the Supreme Court ruled. This case was perfect example of a higher court over ruling the initial ruling. The U.S District Courts and U.S Court of Appeals both believed that the case against Salero did not have enough evidence and The Bail Reform Act would not take place. The Supreme Court reversed that decision, and it shows how the United States court systems will take the right steps to get the correct decision....

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