This topic contains a solution. Click here to go to the answer

Author Question: Why are legal rules insufficient to guide police actions? What might offer them proper guidance? ... (Read 164 times)

Zoey63294

  • Hero Member
  • *****
  • Posts: 539
Why are legal rules insufficient to guide police actions? What might offer them proper guidance?
 
  What will be an ideal response?

Question 2

What kinds of controls do the higher courts exercise over lower courts? How does the interpretation of higher-court decisions by the lower courts help to shape such controls?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

Missbam101

  • Sr. Member
  • ****
  • Posts: 341
Answer to Question 1

There are a dizzying number of court cases that attempt to balance the line between private rights and public safety. The Fourth Amendment governs stops and frisks, along with searches and seizures. The Fifth Amendment and the Miranda case address custodial police interrogations. The legal rules regarding reasonable suspicion, probable cause, and custodial interrogation are often based on a totality of circumstances in each specific case. Thus, not all possible factual scenarios have been addressed by the courts. In fact, they never will be. Ethics becomes a useful guide because laws can never anticipate the innumerable variations in circumstances that police will face. Court decisions are of little value to police in making current decisions or to the public who are the subjects of police action. Ethics offers an objective standard by which officers may go a step further in following the law. It provides clear guidance, in advance, in cases where the law's application is still unclear, undecided, or unknown.

Answer to Question 2

High-court judges at the federal level are employed for life and don't need to fear losing their jobs for issuing unfavorable decisions. Higher courts exert direct control over lower courts through their judicial authority and rule-setting. Lower courts are expected to follow precedents.

Lower courts do not have the luxury of lifetime positions and their decisions can influence their ability to maintain their position. Therefore, lower courts may sometimes not want to follow the higher court rulings. Lower courts can ignore the higher court's decisions or implement the decisions sparingly as a means to shape the controls of the higher courts.




Zoey63294

  • Member
  • Posts: 539
Reply 2 on: Aug 23, 2018
Thanks for the timely response, appreciate it


nyrave

  • Member
  • Posts: 344
Reply 3 on: Yesterday
YES! Correct, THANKS for helping me on my review

 

Did you know?

There are major differences in the metabolism of morphine and the illegal drug heroin. Morphine mostly produces its CNS effects through m-receptors, and at k- and d-receptors. Heroin has a slight affinity for opiate receptors. Most of its actions are due to metabolism to active metabolites (6-acetylmorphine, morphine, and morphine-6-glucuronide).

Did you know?

Complications of influenza include: bacterial pneumonia, ear and sinus infections, dehydration, and worsening of chronic conditions such as asthma, congestive heart failure, or diabetes.

Did you know?

The average adult has about 21 square feet of skin.

Did you know?

More than 20 million Americans cite use of marijuana within the past 30 days, according to the National Survey on Drug Use and Health (NSDUH). More than 8 million admit to using it almost every day.

Did you know?

Eating food that has been cooked with poppy seeds may cause you to fail a drug screening test, because the seeds contain enough opiate alkaloids to register as a positive.

For a complete list of videos, visit our video library