1.) If I Can’t Have You. Bertha shot and killed her husband and his lover after discovering them having $exxxx in his car. When an officer came to her house to inform Bertha that her husband had been shot, Bertha broke down and admitted she did it. She also admitted that she had purchased a gun illegally because she suspected her husband of cheating. This confession took place before the officer read Bertha her Miranda rights, although when he went to the house the officer has suspected Bertha. Bertha was convicted of manslaughter because her confession was suppressed. Answer the following questions:
a. You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?
b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?

Answers

Answer 1

Answer:

There is no right or wrong answer - the question asks about the importance of Miranda Rights and your understandings of them.

Explanation:

a. Depending on the states, second-degree murder usually has a different set of sentencing guidelines from those for manslaughter. So the trial judge may be bounded in the sentencing hearing. Even if the guidelines are the same, the judge would be wise to impose sentence based on the case as presented; which did not included the suppressed confession. If the sentence is based on the confession, the case will be likely be reviewed and may even be over-turned by the appellate court. Judges do not like when their cases get over-turned.

b. It will depend on what the sentencing judge did in (a).


Related Questions

This case made the 2nd Amendment's right to bear arms applicable to the States,as a fundamental right.​

Answers

The answer is District of Columbia v. Heller

After being stopped and searched on Belsize road and being arrested for having stolen credit cards the following occurred "As we drove away, D.S. Carter told me that we were going to my home address to search it. We drove to my house, and we all got out of the car. I felt I had no option but to let them into the house. Gregory and Felicity were not at home. The two officers searched the lounge looking in drawers and cupboards. They did the same in the kitchen, the bathroom and the two bedrooms. In my bedroom they found a small box in a bedside drawer. Inside it they found some cannabis. Very occasionally Gregory and I smoke some cannabis. This cannabis had been there for some time. I told the officers that it was cannabis just for personal use. It was only a small amount. D.S. Carter said, “you are also under arrest for this.”"

Questions:
Can the police legally enter and search the home without a warrant? please use relevant case and laws

Answers

Answer:I hope that helps!

Explanation: The police cannot search your home or belongings without a warrant, but there are exceptions. The Fourth Amendment of the U.S. Constitution protects private citizens from unreasonable searches and seizures.

If you park your car with a parking garage company and they provide you with a ticket stating that they are not responsible for any damage done to your vehicle can you still sue the company if one of the employees sat on your car and caused damages?

Answers

Nope! They informed of the risk and informed you that they are not at fault. If you continue to park there and your car gets damaged that’s on you.

Hickman v Kent or Romney Marsh Sheep-Breeders' Association​

Answers

Hickman v Kent or Romney Marsh Sheep-Breeders’ Association [1915] 1 Ch 881 is a UK company law case, concerning the proper interpretation of a company's articles, and whether a company member could be bound by its terms

why do I keep seeing the number 555​

Answers

Answer:

i looked it up for you and it said that a change and major transition are coming so maybe it could be a good sign so goodluck

Explanation:

the big breakthrough for positivistic criminology came with​

Answers

Positivistic criminology came with a scientific findings and not just an assumption of an individual behavior.

What is positivistic criminology

Positivistic criminology aim at finding proves or evidence to why an individual perform a particular criminal act.

It involves scientific research and finding s to know what influence an individual act.

The breakthrough came with ability to research in behavior of an individual and characteristics that governs a behavior.

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How do registration laws very among states

Answers

Answer:

In the states and the District of Columbia, lawmakers last year considered more than 2,900 bills dealing with elections and voting, and enacted more than 350, according to a tally by the National Conference of State Legislatures.

The changes include deadlines for registration, pay for election workers and many other details. But the overarching story is that there are simultaneous pushes across the country to make it easier or harder to register and vote.

Explanation:

10. Which one of the following is NOT a suggestion for staying alert while driving:
O Sing with the radio.
O Drink an energy drink.
O Stop for a while and walk around the car.
O Turn on the air conditioning / Roll down the window.

Answers

Answer:

Drink an energy drink.

Explanation:

Drinking an energy drink is NOT a suggestion for staying alert while driving. Option B. This is further explained below.

What is Drink?

Generally, Drink is simply defined as swallowing after putting it in the mouth.

In conclusion, Drinking an energy drink is NOT a tip for remaining aware while driving.

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What is the presumptive sentence for a defendant convicted of theft of
property worth $250,000. This is the defendant's first conviction?

Answers

Answer:

State-dependent

In Florida, theft that exceeds $100,000 is classified as grand theft in the first degree.

It is punishable up to a $10,000 fine and 30 years in prison.

Explanation:

6.) What is the current legal status of habitual-offender laws, such as three-strikes laws?

Answers

Answer:

The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence.

Explanation:

pls mark as brain list

Now look out for the document, "freedom charter" and go through all the clauses.thereafter skim through the preamble, chapter 1 and chapter 2 of the constitution of South Africa and discuss the connection between the two documents

Answers

The Freedom Charter was the statement of core principles of the South African Congress Alliance, which consisted of the African National Congress (ANC) and its allies. The connection is that law and societal system together with political system are one.

The connection between the two

Consequently, it suggests that law is part of the political system, and can never be separated from politics and other issues that characterize our society in various ways.

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can someone tell me if this is correct

Answers

Answer:

not mistaking it is correct

what are most important subject if you're doing law that can help you find a great job?​

Answers

Answer: Hope that helps!

Explanation: Law school is hard work. Surround yourself with people who are proactive and think positively. Work hard and have fun.” “Do what you have always done. Do not change your study habits to match those of other students.” “Don't fall for every piece of advice you hear.

Jeanette has a health insurance plan that features a network of doctors and services, but she can go outside the plan without getting a referral from her primary care physician. This is an example of a _____. A. COBRA plan B. Health Maintenance Organization (HMO) C. Preferred Provider Organization (PPO) D. Medicare plan

Answers

Answer: preferred provider organization (PPO)

Explanation:

The preferred provider organization is the health plan that allows her to go outside the plan without getting a referral from her primary care physician.

What is the preferred provider organization?

It is a type of health plan that have a wide medical providers of hospitals and doctors that the insured can choose from

Hence, the plan is the that will allows her to go outside the plan without getting a referral from her primary care physician.

Therefore, the Option C is correct.

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SECTION ONE: answer either 1A or 1B 1A Consider the following scenario. Below the scenario, I have provided you with a simple egoist analysis of the two courses of action. Use the facts given in the scenario to expand the egoist analysis into a utilitarian analysis. Your answer should be in the same list/chart format as the “Egoist Analysis” I provide below, with actions, outcomes with points, a point total for each action, and an identification of the action Joe should pick based on the analysis.

Answers

Based on the analysis, Joe did pick Action B ( where Joe has a good time playing ball, he feels guilty about breaking his promise and Kat finds out that Joe lied, and Joe's friendship with her suffers because it is the option that  has lesser consequences.

When you look at the situation of Joe in terms of Egoist Analysis, he has the self interest to play ball with his friends and also pick up Kat but also he shifted to the use of utilitarian in basing his judgment.

This is  not because of his self interest but because his friend is moving out of town and that would be the last time they ever play together.

He look at the option that has more consequences (collective baseball friends he will disappoint if he did not go) and just one friend who he can see later and explain reasons to.

What is the role of egoism and utilitarianism?

The word egoism is known to center around the psychological  theory that deals with the nature of human motives.

Psychological egoism is one that state that all behaviors are said to be influenced  by self-interest. In other words, it suggests that every That is any action or behavior or decision of all is due to our self interest.

Utilitarianism is known to be a  theory that deals with morality. It is one that stands for any actions that result in happiness or pleasure and is one that is against any actions that cause unhappiness or harm.

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State one reason why matric learners are more likely to experience interpersonal conflict with their peers

Answers

Answer:

Matric learners are the growing children in school.  They face interpersonal conflict with their peers due to differences in ideology.

Explanation:

Matric learners, or high school seniors, may be more likely to experience interpersonal conflict with their peers due to the stress and pressure of preparing for final exams and the transition to post-secondary education.

What effect can intrapersonal conflict have on matriculants' personal growth?

One who has recently been accepted into college or university and isn't well suited to such living circumstances is referred to as a matriculant. When an individual experiences intrapersonal conflict, they become disoriented and lose attention, which affects their performance and ability to engage with others.

As matric is the final year of high school, there may be heightened competition and tension among students as they strive to achieve good grades and secure admission to their desired colleges or universities. This can lead to conflicts over study groups, academic performance, and other related issues.

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A glass rod becomes positively charged when it is rubbed with
silk. This net positive charge accumulates because the glass rod

Answers

Answer:

lose electron

Explanation:

how can the principle of Ubuntu be applied in the criminal justice system to ensure justice for victim

Answers

Answer:

It underlines Ubuntu's compassion and empathy, and our courts should promote that principle through rehabilitation, taking into account the potential for reconciliation between an offender and the community. Still have questions?

Jurisdiction of court

Answers

Answer:

court of original jurisdiction has the power to hear cases as they re first initiated by a prosecutor. court of appellate jurisdiction many only hear the action after the court of original jurisdiction has heard the case

Explanation:

What terrorist groups advocate the creation of a new and totally
separate country for whites?

Answers

Answer:

White nationalist terrorist groups

Explanation:

examples include

KKK and the American Nazi Party

Prisha is an attorney who is defending a man accused of murdering a police officer. During voir dire, she asks if any jurors have family that are in law enforcement. One man raises his hand, stating that his daughter is a detective. What action would Prisha MOST likely take?

A.
Accept this juror because he is able to be impartial.

B.
Accept this juror because he and the defendant are both men.

C.
Hope that the prosecutions uses a preemptory challenge on the juror.

D.
Challenge the selection of the juror for cause, since he is unlikely to be impartial.

Answers

Based on the man's daughter being a detective, Prisha will most likely D. Challenge the selection of the juror for cause, since he is unlikely to be impartial.

Why would Prisha challenge the selection?

In picking the jury, both the prosecution and the defendant will try to make sure that the jury is as impartial as possible.

A man whose daughter is a police detective is not likely to be impartial in a case about the killing of a police officer so Prisha should try to reject him.

In conclusion, option D is correct.

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Due to a large inheritance, a policyowner no longer needs a life insurance policy and agrees to sell it to a third party for more than its cash value. This type of transaction is called a

Answers

Due to a large inheritance, a Life Insurance policy owner no longer requires the policy and agrees to sell it to a third party for more than its cash value. This type of transaction is called a Life Settlement.

What is the Purpose of a Life Settlement Contract?

The Life Settlement Contract is simply a contract that transfers the insurance cover afforded by the Life Insurance Policy form one person to another.

The life assured of the new holder of the policyholder becomes eligible to receive the benefits of the policy when the insured dies while the policyholder takes responsibility for payment of premiums.

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What are the various causes of change in the quality of factors of production?

Answers

The quantity and quality of factors of production will change if there is a change in demand for and supply of land labour capital and enterprise. Possible changes include the following changes in cost of production.

Zoe sees a well-dressed woman on the train with a pair of black laced boots. What action on Zoe's part would be the BEST example of deviant
behavior?
a. telling the women she likes her boots
b. not saying anything to the women
c. asking the women if she can try on her boots
d. asking the women where she purchased her boots

Answers

Answer:

asking the woman if she can try on her boots

Explanation:

Zoe sees a well-dressed woman on the train with a pair of black laced boots.

When a judge excludes all witnesses from the courtroom, except for the person testifying, it is called _____.

Answers

Answer:

Sequestering

Explanation:

a practice used during the trial whereby the judge excludes all witnesses from the courtroom except the person testifying.

Do you think judges should be elected at all considering that most of the public is not educated in the
ways of the legal system?

Answers

Answer:

Ok, I would say: NO

Explanation:

This is also taking into account my own beliefs. For someone else, it might be yes.

7. A visual lead of
seconds or 1 city block is appropriate when driving in traffic in urban areas.
A. O 10 to 15
B. O 5 to 10
c. О 1 to 5
D. None of the above

Answers

Answer:

A visual lead of

seconds or 1 city block is appropriate when driving in traffic in urban areas.

A) 10 to 15

Match each example to the type of law it reflects.


A. civil law
B. criminal law
C. military law
D. constitutional law


1. A senator attempts to stop a newspaper from exercising its freedom to report on the senator’s corruption scandal.

2. Joanne has cheated her business partner.

3. Mark is accused of stealing supplies while serving in the US Army.

4. Jon robs a bank and steals thousands of dollars.


Answers

Answer: yes

Explanation:

1 goes with D

2 goes with A

3 goes C

4 goes with B

30 Points ( i have 3 more if you answer all of them you can get 120 points)
What do you think is the biggest cost of war? Why do you think countries continue to fight in spite of the costs?

Answers

Answer:

The biggest cost is the country's people

Explanation:

They still continue to fight because the urge to win and to be victorious outweighs the guilt they feel. In their minds, the lives of their people is worth it. It's pure selfishness and greed. In some twisted way, the ends justify the means.

Who has the right-of-way at a four-way stop?

Answers

Answer:

If 2 or even more cars reach a 4 stop junction at the same moment, the automobile to the right seems to have the right of way after halting. Red light is flashing   - It really should be interpreted as a stop sign; halt and yield to vehicles travelling in the adjoining road. 

the car reaching the intersection and stopping first goes first
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