Use of Mrs. Tobins’s DNA in the Murder of Amanda Christopher

Use of Mrs. Tobins’s DNA in the Murder of Amanda Christopher Introduction: DNA comparisons are crucial when investigating crimes. Amanda Christopher’s home had a significant amount of forensic evidence behind that has yet to be determined. The Supreme Court has analyzed the issue as to whether or not use storing and using DNA was considered constitutional. Although, Pennsylvania is silent on the issue, several states have seen the need for the use and storage of DNA that is obtained of arrestees charged of serious crimes, such as felonies and sexual offenses. Analyzing both the federal and other states provides some guidance as to whether or not the use of previously obtained DNA is constitutional. Questions Presented: 1. What is the standard for using previously obtained DNA from an unrelated arrest for a current investigation? Answer: Depends on the state. Few states allow the storage and use of an arrestee’s DNA in certain criminal proceedings. Most states, including Pennsylvania, limit the storage and use of DNA to those who were convicted. 2. Can the police use DNA collected at the time of the arrest of Mrs. Tobin from the jewelry store incident for comparison of the DNA found at Amanda Christopher’s home? Answer: Maybe. Pennsylvania Discussion of Current Law: The Fourth Amendment to the United States Constitution guarantees all persons the right to be free from unreasonable searches and seizures . Federally, taking a sample of a persons

The Charter Of Rights And Freedoms - 1627 Words

The Charter of Rights and Freedoms entrenched under the CA 1982 act in the Canadian constitution is seen as a decisive indicator of national identity by the majority of Canadians. The charter’s role in Canadian society ranges from providing individuals with intrinsic human rights such as freedom of expression, freedom of belief and acts particularly as a concrete limit on ‘tyranny of the majority’, advocating and enforcing basic rights of individuals and minorities. It is however worthy to note that CA 1982’s involvement as a platform to increased activism of the Supreme court in Canada is highly controversial. Employing the charter as a basis to the interpretation of different situations, the Canadian Supreme Court has in many occasions†¦show more content†¦This is also represented in a broader manner as to portray a fair balance between a democratic system of governance and a fair judiciary that ensures intrinsic human rights. The characterizatio n of this intra-institutional dialogue is done through two features in Canada’s example. Act 1’s ‘reasonable limitations’ clause, and act 33’ ‘legislative overrides’ clause were both engineered to provide a mechanism of response towards judicial rulings that went against legislative provisions. Such a mechanism establishes a virtual check on the ruling of the Supreme Court, revoking the certainty of final say from the Supreme Court. It is worthy to note that the system of governance in the United States however, known as a ‘strong judicial review’ model does not provide an avenue of dialogue, and invokes final say to the Supreme Court of Justice. Canada was the first country to implement a constitutional bill of rights, the charter. Relative to other countries of the commonwealth such as the UK’s Human Rights Act, and Australia’s Capital Territory’s Human Rights act, Canada’s judicial review has dated the longest on the basis that it has the longest history of judicial enforcement of Human Rights provisions of the Charter. It is argued however by many experts that one of Canada’s main limitations on intra-institutional dialogue between legislatures and Supreme Courts is due to the treatment ofShow MoreRelatedCharter Of Rights And Freedoms1345 Words   |  6 Pages Charter of Rights and Freedoms The Canadian constitution is the foundation that forms and brings together our nation government and its legal system. You can also consider the constitution as a rulebook. It contains rules and regulations that political parties must follow in order to adopt, amend, or revoke a law. The constitution has three main sources. In 1867 the British North American Act passed, which was the first source of the constitution. A change was made to the BNA act and was patriatedRead MoreThe Charter Of Rights And Freedoms1205 Words   |  5 PagesThe Charter of Rights and Freedoms is part of the Constitution and it was added to the Constitution in 1982. The Constitution has many laws about the essential guidelines one must follow in our country. It also governs how the government/ organizations should treat their citizens. The Charter allows the citizens and newcomers to feel like they are appreciated and also safe. However, there are situations where the Charter cannot protect you. The Charter can be stretched and can be looked at from differentRead MoreThe Charter Of Rights And Freedoms1181 Words   |  5 PagesThe Charter of Rights and Freedoms has significantly enhanced the power of the judiciary in Canada. Within the Supreme Court of Canada judges have been given the judiciary power and this amount of power is not excessive. Again, in the Supreme Court of Canada judges are federally appointed. Most of these appointments are made by the minister of Justice after Cabinet consultation and approval. In some other cases, appointments are made by the Prime Minister. Judges are public officers chosen to ruleRead MoreThe Charter Of Rights And Freedoms1139 Words   |  5 PagesThe Charter of Rights and Freedoms was constructed to replace the Bill of Rights, 1960. In the 1960’s-1970’s Quebec was extremely discontent with being apart of Canada due to the language barer and being a minority. Many citizens in Quebec even wanted to separate themselves from Canada and form their own nation. Prime Minister Pierre Trudeau decided that the new charter in order to ensure the rights of people residing in Quebec. In order to do this Trudeau had to create an amending formula for theRead MoreThe Charter Of Rights And Freedoms1934 Words   |  8 PagesThe Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed f ormal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and SectionRead MoreThe Charter Of Rights And Freedoms2537 Words   |  11 PagesThis essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it s hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematicRead MoreThe Charter Of Rights And Freedoms1363 Words   |  6 Pages The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in se veral ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracyRead MoreThe Charter Of Rights And Freedoms1596 Words   |  7 PagesPrime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and isRead MoreThe Charter Of Rights And Freedom2222 Words   |  9 Pagesthe Charter of Rights Freedoms a mistake? It is believed that the Charter s creation was a significant benefit as it guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. However, many believe the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights. Also, there are several rights thatRead MoreThe Charter Of Rights And Freedom2268 Words   |  10 PagesThe Charter of Rights and Freedom and its Effect on Canada Prabhjot Banipal 10 Dec 2014 Topic 4 University of the Fraser Valley The Charter of Rights and Freedoms is a bill of rights granted constitutional status that was introduced in the Constitution Act of 1982 by Prime Minister Pierre Elliot Trudeau. The Constitution Act is also known as the repatriation of the Canadian Constitution. The Charter had several purposes; the first is â€Å"to outline and guarantee the political rights of Canadian

Censorship and Rebellion free essay sample

The square in China was a act of rebellion because the citizens stood up against Cherman Mao. Tone has to do with auditory (what you hear). Tone in writing represents things you hear from the author’s writing. In Fahrenheit Four Hundred Fifty One Bradbury uses tone to show rebellion. Rebellion can be described as defiance of anything authority, control, or tradition. In this case Montag plans to rebel against control. Bradbury uses tone to characterize Faber and Montag’s rebellion as futile because Faber does not want to help Montag with his plan. Ray Bradbury uses tone to explain how Montag’s plan becomes useless because Faber does not believe in his plan. Montag went to Faber’s house to tell him about how they should rebel against burning books â€Å"Mr. Montag, you are looking at a coward. I saw the way things were going, a long time back. I said nothing. I’m one of the innocents who could have spoken up and out when no one would listen to the ‘guilty,’ but I did not speak and thus became guilty myself. And when finally they set the structure to burn the books, using the firemen, I grunted a few times and subsided, for by them. Now it’s too late†, the tone sounds as if Faber does not believe that Montag’s plan becomes useless because the citizens in their world are accustom to not having books and not speaking up for what is right. Bradbury uses tone to display how Montag’s rebellion becomes useless because he has no one who will rebel with him. This tone happens when Montag tries to tell Faber his plan. â€Å"Not if you start talking the sort of talk that might get me burnt for my trouble. The only way I could possibly listen to you would be is somehow the fireman structure itself could be burnt. Now if you suggest that we print extra books and arrange to have them hidden in firemen’s houses all over the country, so that seeds of suspicion would be sown among these arsonists, bravo I’d say! † (pg. 81) When Bradbury writes â€Å"Burnt for my trouble†, the tone sounds like Faber was not willing to risk his life for the rebellion against books being destroyed. Ray Bradbury uses tone to point out how Montag’s rebellion will be futile because who he came to for help (Faber) does not even want to help him; he just points out the negative things of rebelling. This tone happens when Montag was telling Faber, the people that might be able to help. † Can’t trust people, that’s the dirty part you and I and who else will set the fires? †(pg. 83) When Bradbury writes â€Å"Can’t trust people†, the tone sounds like Faber believes citizens not being able to be trusted revels that the rebellion will be unsuccessful and should not be done. Ray Bradbury uses tone to show how Faber believes the rebellion will have an unsuccessful ending. In his writing he demonstrates how Faber states things that make Montag’s rebellion very useless. He also shows how Faber shows unwillingness to risk his life just to save books and the idea in books. Also how Faber feels it is too late to try to change the burning of the books. Bradbury writes about rebellion because he does not believe in banning books and believes that people should be aware of all aspects of life. Meaning he revels through his character’s development that the world he lives in needs transformation.

American Revolution Accelerated evolution vs Cataclysmic free essay sample

American Revolution was more of an accelerated evolution, despite some drastic choices that indicate a cataclysmic revolution. The political causes for the American Revolution began with many new acts being passed by the British parliament to put taxes on certain items in the colonies. The French and Indian War had cost Britain a lot of money and King George II wanted help in paying the expenses. New taxes passed by the government gradually began to anger the colonists more and more, once they realize the unfairness of another country thousands of miles away telling them what to do. Acts like he Stamp Act gave Britain power over the colonies and the colonists eventually began to resist them. For example, the Stamp Act of 1765 was passed to cover the cost of keeping British troops in America. It put a tax on all printed items sold in America, which many colonists thought was unfair. In response, nine assemblies in the colonies sent delegates to New York City in October, 1765 to protest the loss of American rights and liberties. They challenged the Stamp Act by declaring only colonists elected representatives could tax them.The colonists believed in no taxation without representation. They petitioned for a repeal of the Stamp Act, but the British government did not listen. The Stamp Act and Stamp Act Congress show that the American Revolution was an accelerated evolution because the Stamp Act Congress peacefully asked British parliament for a repeal of the Stamp Act. This resistance was not violent and did not directly go against the British government. The colonists call for self-rule increased with each new act passed. Instead of listening to the American colonists, Britain kept passing new acts.An example that shows the extent to which politically the American Revolution can be called an accelerated evolution rather than a cataclysmic revolution are the battles of Lexington and Concord. The increased want for independence led the colonists to create a continental army and begin their fight for change. In 1775, Massachusetts was proclaimed to be in an open rebellion and British General Thomas Gage was ordered to put a stop to it. On April 18, 1775 General Gage dispatched 700 soldiers to capture colonial leaders and supplies at Concord.Fortunately, Paul Revere and Other riders were able to warn the patriots of the attack and at dawn militiamen unfrosted the British troops first at Lexington and then Concord. After these battles 73 British soldiers were dead, 174 wounded and 26 were missing. Americans suffered too with 49 Massachusetts militiamen killed and 39 wounded. The battles at Lexington and Concord show a more radical way that the colonists chose to achieve independence from Britain. Due to violence and a want for rapid change, the battles of Lexington and Concord show politically how the American Revolution can almost be a cataclysmic revolution.The American Revolution did not happen suddenly, but built up ore as each new act was passed and the frustration of the colonists grew. When considered politically, the American Revolution was an accelerated evolution because it was not a sudden plan of change, but a wanted change formed by the increased anger many colonists felt towards the British government. The degree to which the American Revolution is, politically an accelerated evolution and not a cataclysmic revolution is limited to the battles of Lexington and Concord fought to gain American self-rule.Economically, to a certain degree the American Revolution was an accelerated evolution, instead of a cataclysmic revolution. Although, political disputes between America and Britain were the original cause of tension, the economic influence was much greater on the colonists anger. The Stamp Act imposed so many taxes on such a variety of items, it was nearly impossible to make a living and to pay for things such as newspapers, pamphlets, bonds, leases, deeds, college diplomas, dice, and playing cards.Even when the government repealed the Stamp Act in 1766, they immediately placed into action the Declaratory Act, which stated that the government could impose any tax they saw fit to. Another act that led to money troubles for the Illinois was he Townsend Act of 1767. It placed taxes on tea, glass, paper and paint. After this act was passed many colonists were so frustrated and angry that they began to boycott British goods, in hopes that the taxes would be taken away. This was another peaceful method that the colonists used to resist the British government.It also shows how the American Revolution was an accelerated evolution. Tired of being ignored and punished by the British government the colonies formed a club called the Sons of Liberty. The formation of this club shows the extent to which economically the American Revolution can be called an accelerated evolution because of the many violent and drastic things the Sons of Liberty did. The members broke into homes of tax collectors, beat them up and burned tax documents. Lastly, the Tea Act of 1773 was passed, granting the British East India Company the monopoly of tea trading in America.The tea company started delivering tea to America, without having to pay the British tax. This upset the Americans because all other tea traders had to pay the tax to Britain. Radical patriots accused the British ministry of bribing Americans with cheaper East India Company tea, so that they would give up their opposition to the tea tax. The Sons of Liberty had been preventing East India Company ships from delivering cargoes to New York, Philadelphia, Charleston and Massachusetts. Royal Governor Hutchinson was determined to land the tea ships in the harbor, so that he could collect the tea tax.To foil the governors plan about 50 colonists from the Sons of Liberty dressed as Indians and boarded three ships on December 16, 1773. They broke open 342 chests of tea and dumped them into the Boston harbor, costing the British government a large sum of money. This act of defiance shows how the American Revolution could be a cataclysmic revolution. This group of colonists planned an act of resistance to force change. The Boston Tea Party was one of the most important events that led to the start of the American Revolution because it showed what the Americans were willing to do.The extent that the American Revolution was economically considered an accelerated evolution, instead of a cataclysmic revolution was the Boston Tea Party and efforts of the Sons of Liberty. Socially, the American Revolution was an accelerated evolution, rather than a tactically revolution. In colonial society, the classes were broken into three groups; upper, middle and lower. The taxes imposed by the British mainly affected the people of the middle class, who would eventually rise up and protest. Acts, such as the Stamp Act, and Townsend Act mainly affect the middle class.They were the people who could afford the items that now had taxes on them. The rich were also affected, but less outraged than the middle class. The lowest class had a hard enough time making a living and now they could definitely not afford to buy items that were not a necessity. The middle lass and other colonists acted in response with boycotts, protests and other nonviolent methods. This is an example of how socially; the American Revolution was an accelerated evolution because of the peaceful process that the colonists were trying to get change. Many people who lived in England and ran the British government believed that they were superior to the colonists and deserved to rule over them. This threat to the colonists rights upset many people. A more dramatic way to gain independence than protesting was to create the Committees of Correspondence. The first Committee of Correspondence was set up in Massachusetts, in 1772. It allowed patriots to communicate with leaders in other colonies when new threats to their liberty occurred.