Police Officers' Decision Making and Discretion: Forming Suspicion and Making a Stop
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Inter-American Court of Human Rights
INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF FERNÁNDEZ PRIETO AND TUMBEIRO V. ARGENTINA JUDGMENT OF SEPTEMBER 1, 2020 (Merits and reparations) In the case of Fernández Prieto and Tumbeiro v. Argentina, the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), composed of the following judges:* Elizabeth Odio Benito, President L. Patricio Pazmiño Freire, Vice President Eduardo Vio Grossi, Judge Humberto Antonio Sierra Porto, Judge Eduardo Ferrer Mac-Gregor Poisot, Judge, and Ricardo Pérez Manrique, Judge, also present, Pablo Saavedra Alessandri, Secretary,** pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) and Articles 31, 32, 42, 65 and 67 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure” or “ the Court’s Rules of Procedure”), delivers this judgment which is structured as follows: * Judge Eugenio Raúl Zaffaroni, an Argentine national, did not take part in the deliberation or signature of this judgment, in accordance with the provisions of Article 19(1) and (2) of the Court’s Rules of Procedure. ** The Deputy Secretary, Romina I. Sijniensky, did not participate in the processing of this case, or in the deliberation and signature of this judgment. TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 3 II PROCEEDINGS BEFORE THE COURT 4 III JURISDICTION 6 IV ACKNOWLEDGEMENT OF RESPONSIBILITY 6 A. Observations of the parties and of the Commission 6 B. Considerations of the Court 7 V EVIDENCE 9 A. Admissibility of the documentary evidence 9 B. -
Advance Tickets Avengers Endgame
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Seinfeld, the Movie an Original Screenplay by Mark Gavagan Contact
Seinfeld, The Movie an original screenplay by Mark Gavagan based on the "Seinfeld" television series by Larry David and Jerry Seinfeld contact: Cole House Productions (201) 320-3208 BLACK SCREEN: TEXT: "One year later ..." TEXT FADES: DEPUTY (O.S.) Well folks. You've paid your debt to society. Good luck and say out of trouble. FADE IN: EXT. LOWELL MASSACHUSETTS JAIL -- MORNING ROLL CREDITS. JERRY, GEORGE and ELAINE look impatient as they stand empty- handed, waiting for something. The DEPUTY walks back towards the jail building behind them. CUT TO: INT. LOWELL MASSACHUSETTS JAIL KRAMER is surrounded by teary-eyed guards and inmates. They love him. He's carrying a metal cafeteria tray covered with signatures, as well as scores of cards, notes and letters. Several in the crowd hug KRAMER. CUT TO: EXT. LOWELL MASSACHUSETTS JAIL KRAMER stumbles as he walks up to GEORGE, ELAINE and JERRY. CUT TO: EXT. SOMEWHERE IN RURAL MASSACHUSETTS -- DAY We see an ugly old school bus at a dead stop with the flashers on. "LARRY'S NYC BUS SERVICE" is painted sloppily on the side. An extremely old man herds dozens of stubborn sheep across the road. He's moving at an impossibly slow pace. CUT TO: INT. OLD SCHOOL BUS JERRY, GEORGE and ELAINE are sitting in bus's original kid- sized bench seats. They look bored and uncomfortable. 2. Cheerful KRAMER is in the front row chatting with the DRIVER and pointing at the animals outside. CUT TO: INT. HALLWAY IN FRONT OF JERRY'S APARTMENT -- LATER KRAMER & JERRY walk wearily towards their doors. -
The Scope of Police Questioning During a Routine Traffic Stop: Do
Fordham Urban Law Journal Volume 30 | Number 6 Article 3 2003 The copS e of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? Bill Lawrence Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Constitutional Law Commons Recommended Citation Bill Lawrence, The Scope of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? , 30 Fordham Urb. L.J. 1919 (2003). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss6/3 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The copS e of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? Cover Page Footnote J.D. candidate, Fordham University School of Law, 2004; B.A., Communication, Villanova University, 2000. I would like to thank my family and friends for their love and support. I also sincerely thank Professor Daniel Richman for his valuable insights. This article is available in Fordham -
When Can You Be Ticketed for Driving Without a License?
WHEN CAN YOU BE TICKETED FOR DRIVING WITHOUT A LICENSE? LAW: “No person, except those expressly exempted, shall drive any motor vehicle upon a highway or public property in this Commonwealth unless the person has a driver's license valid under the provisions of this chapter.” “Public property” only includes parking lots owned or leased by the Commonwealth. 75 Pa. Cons. Stat. § 1501(a). MEANING: Based on the language of the statute, you cannot be cited for driving without a license while only in the Home Depot parking lot because it is not a public highway. DEFENSE: If you were cited for driving without a license in the parking lot you should request a hearing to dispute the ticket. At the hearing you could make a corpus delicti objection (principle that a crime must have been proven to have occurred before conviction). If asked how you arrived at the parking lot, you can invoke 5th amendment protection (against self-incrimination) to not respond. If the officer never observed you driving outside the lot, then you may prevail in disputing the ticket. TIP: If you are stopped in the parking lot the officer could ask you how you got to the parking lot. You should not answer that question. BUT WHAT ABOUT PROBABLE CAUSE? CAN THE POLICE STOP ME WHENEVER THEY WANT? No, the police need probable cause to stop you in your car. There is no probable cause for stopping a driver for driving without a license. Therefore, unless there is another reason to stop a vehicle, such as expired registration, or speeding, there should not be a traffic stop. -
The Role of Exporters' Emotional Intelligence in Building Foreign
This is a repository copy of The Role of Exporters’ Emotional Intelligence in Building Foreign Customer Relationships. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/150142/ Version: Accepted Version Article: Leonidou, LC, Aykol, B, Fotiadis, TA et al. (2 more authors) (2019) The Role of Exporters’ Emotional Intelligence in Building Foreign Customer Relationships. Journal of International Marketing, 27 (4). pp. 58-80. ISSN 1069-031X https://doi.org/10.1177/1069031X19876642 © American Marketing Association, 2019. This is an author produced version of an article published in the Journal of International Marketing. Uploaded in accordance with the publisher's self-archiving policy. Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ The Role of Exporters’ Emotional Intelligence in Building Foreign Customer Relationships Abstract Despite the critical importance of emotional intelligence in effectively interacting with other people, its role has been overlooked in scholarly research on cross-border interorganizational relationships. -
The Color Line in Ohio Public Schools, 1829-1890
THE COLOR LINE IN OHIO PUBLIC SCHOOLS, 1829-1890 DISSERTATION Presented In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By LEONARD ERNEST ERICKSON, B. A., M. A, ****** The Ohio State University I359 Approved Adviser College of Education ACKNOWLEDGMENTS This dissertation is not the work of the author alone, of course, but represents the contributions of many persons. While it is impossible perhaps to mention every one who has helped, certain officials and other persons are especially prominent in my memory for their encouragement and assistance during the course of my research. I would like to express my appreciation for the aid I have received from the clerks of the school boards at Columbus, Dayton, Toledo, and Warren, and from the Superintendent of Schools at Athens. In a similar manner I am indebted for the courtesies extended to me by the librarians at the Western Reserve Historical Society, the Ohio State Library, the Ohio Supreme Court Library, Wilberforce University, and Drake University. I am especially grateful to certain librarians for the patience and literally hours of service, even beyond the high level customary in that profession. They are Mr. Russell Dozer of the Ohio State University; Mrs. Alice P. Hook of the Historical and Philosophical Society; and Mrs. Elizabeth R. Martin, Miss Prances Goudy, Mrs, Marion Bates, and Mr. George Kirk of the Ohio Historical Society. ii Ill Much of the time for the research Involved In this study was made possible by a very generous fellowship granted for the year 1956 -1 9 5 7, for which I am Indebted to the Graduate School of the Ohio State University. -
Reasonable Suspicion and Mere Hunches
Vanderbilt Law Review Volume 59 Issue 2 Article 3 3-2006 Reasonable Suspicion and Mere Hunches Craig S. Lerner Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Criminal Law Commons Recommended Citation Craig S. Lerner, Reasonable Suspicion and Mere Hunches, 59 Vanderbilt Law Review 407 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol59/iss2/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Reasonable Suspicion and Mere Hunches Craig S. Lerner 59 Vand. L. Rev. 407 (2006) In Terry v. Ohio, Earl Warren held that police officers could temporarily detain a suspect, provided that they relied upon "specific, reasonable inferences," and not simply upon an "inchoate and unparticularized suspicion or 'hunch."' Since Terry, courts have strained to distinguish "reasonablesuspicion," which is said to arise from the cool analysis of objective and particularized facts, from "mere hunches," which are said to be subjective, generalized, unreasoned and therefore unreliable. Yet this dichotomy between facts and intuitions is built on sand. Emotions and intuitions are not obstacles to reason, but indispensable heuristic devices that allow people to process diffuse, complex information about their environment and make sense of the world. The legal rules governing police conduct are thus premised on a mistaken assumption about human cognition. This Article argues that the legal system can defer, to some extent, to police officers' intuitions without undermining meaningful protections against law enforcement overreaching. -
Successfully Defending an OUI Case
CHAPTER 10 Successfully Defending an OUI Case David P. Sorrenti, Esq. Sorrenti & Delano, Brockton § 10.1 Introduction ............................................................................... 10–1 § 10.2 The Offense ................................................................................ 10–2 § 10.3 Operation ................................................................................... 10–2 § 10.3.1 Definition .................................................................... 10–2 § 10.3.2 Defense ....................................................................... 10–3 § 10.4 Public Way .................................................................................. 10–4 § 10.4.1 Definition .................................................................... 10–4 § 10.4.2 Stipulation of Proof .................................................... 10–5 § 10.4.3 Defense ....................................................................... 10–5 § 10.5 Under the Influence ................................................................... 10–6 § 10.5.1 Diminished Capacity .................................................. 10–6 (a) General Principles ............................................. 10–6 (b) Opinion Evidence .............................................. 10–7 (c) Erratic Operation ............................................... 10–7 (d) Odor of Alcohol ................................................. 10–7 (e) Red or Glassy Eyes ............................................ 10–8 (f) Slurred Speech .................................................. -
Suspicion of Motives Predicts Minorities' Responses to Positive Feedback in Interracial Interactions
UCSF UC San Francisco Previously Published Works Title Suspicion of Motives Predicts Minorities' Responses to Positive Feedback in Interracial Interactions. Permalink https://escholarship.org/uc/item/2j8345b6 Journal Journal of experimental social psychology, 62 ISSN 0022-1031 Authors Major, Brenda Kunstman, Jonathan W Malta, Brenna D et al. Publication Date 2016 DOI 10.1016/j.jesp.2015.10.007 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Journal of Experimental Social Psychology 62 (2016) 75–88 Contents lists available at ScienceDirect Journal of Experimental Social Psychology journal homepage: www.elsevier.com/locate/jesp Suspicion of motives predicts minorities' responses to positive feedback in interracial interactions☆,☆☆,☆☆☆ Brenda Major a,⁎, Jonathan W. Kunstman b,BrennaD.Maltac,PamelaJ.Sawyera, Sarah S.M. Townsend d, Wendy Berry Mendes e a University of California, Santa Barbara, United States b Miami University, United States c New York University, United States d University of Southern California, United States e University of California, San Francisco, United States HIGHLIGHTS • Anti-bias norms increase attributional ambiguity of feedback to minorities. • Some minorities suspect Whites’ positivity toward them is insincere. • Suspicion of motives predicts uncertainty, threat and decreased self-esteem. • Attributionally ambiguous positive feedback is threatening for minorities. • Suspicion that positive evaluations are insincere can have negative consequences. article info abstract -
If Approached Or Stopped by a Police Officer Traffic Stop
WHY DO POLICE STOP CITIZENS OR TRAFFIC STOP – WHAT TO DO POLICE AT YOUR HOME VEHICLES? Slow down and pull to the right, or onto a side Usually if a police officer knocks on your Person appears to need assistance street. door, it is for one of the these reasons: Traffic violation If you feel unsafe or suspect it’s not really the . To interview you or a member of your Person suspected of violating the law police, turn on your emergency flashers and household as a witness or a suspect to an Person fits the description of a suspect continue slowly to a well-lit location like a gas incident that is being investigated. To serve an arrest warrant Person has been pointed out as a suspect station. If still unsure, dial 9-1-1 to get confirmation. To serve a search warrant Person may have witnessed a crime If stopped at night, turn on the dome light. To make a notification Officer seeking information about a crime Spotlights and flashlights are used to If they are not in uniform, make sure they Officer is making a community contact illuminate the scene for everyone’s safety, not really are law enforcement officers by to intimidate you. requesting to see a badge and identification IF APPROACHED OR STOPPED BY A Do not exit your vehicle, but wait for the card. POLICE OFFICER officer. Whenever police come to your door, they Keep your hands where the officer can see Keeping your hands visible, such as on the should willingly provide identification and them and don’t put them in your pockets. -
“Spidey Sense”: Emotional Intelligence and Police Decision-Making at Domestic Incidents
Applying “spidey sense”: Emotional Intelligence and Police Decision-Making at Domestic Incidents Anne Eason This thesis is submitted in partial fulfilment of the Requirement’s for the award of the degree of Professional Doctorate of Criminal Justice Studies of the University of Portsmouth. September 2019 Declaration Whilst registered as a candidate for the above degree, I have not been registered for any other research award. The results and conclusions embodied in this thesis are the work of the named candidate and have not been submitted for any other academic award. Word count: 49,726 2 Abstract Chaos theory suggests a small act can have a powerful impact on future events. This research takes this suggestion and explores the decision-making of police officers at domestic violence incidents as just such an act that can have a long-term impact on victim(s) lives. Applying the concept of emotional intelligence as an assistive means for problem-solving and decision-making, this research aimed to find out how, or if, police officers draw upon emotional intelligence in their decision- making at domestic incidents and what value they place on its development within the force. Taking a qualitative approach, 27 police officers across four police areas in England were interviewed and the data, coded and categorised, in a thematic analysis that revealed four central themes forming a new ‘emotional intelligence competence’. Environmental competence is symbolic of policing practice that is adaptive and autonomous and as recommended, supporting officers develop this will frustrate the diminishment of emotional intelligence that reportedly occurs through longer-term policing experience.