Criminal Law Formal Legal Brief Case Study Example | Topics and Well Written Essays - 750 words

Criminal Law Formal Legal Brief - Case Study Example This decision was appealed by the officials from Burlington and Essex Counties. The US Court of Appeals for the Third Circuit reversed the judgment by stating that any individual who has been incarcerated can be searched by officials without the need for suspicion that the person might be carrying weapons or drugs (Beler, 2011). Yes as Justice Anthony M. Kennedy said in support of a 5-4 majority that strip search of individuals who are arrested in a jail does not infringe the rights bestowed by the Fourth Amendment. Furthermore, the courts concluded that jail officials cannot effectively identify whether a prisoner will have contrabands based upon the nature of the offense or the criminal history (Beler, 2011). The principle is that the jails need to ensure safety and efficiency in order to ensure sound outcomes. Hence there was no violation of the Fourth Amendment according to the views of the court. The Court identified several instances where individuals who have perpetrated minor traffic violations have been capable of extreme belligerency and hostile behaviors. The Court cited the example of Timothy McVeigh who had been arrested for a minor traffic offense. The desire of jails is to ensure that the employees as well as the inmates can be safeguarded in an efficient and effective manner (Ha, 2011). The strip search policy is based upon achieving this objective. The Court concluded that sometimes there might be exceptions when the arrestees do not interact with other inmates or will not have access to the general population. The final decision by the Court was that it affirmed the decision made by the lower courts that the Fourth Amendment laws were not violated when jail officials engage in strip searching inmates in order to achieve the goals of safety and security. Some of the judges argued that there are certain exceptions to the rule (Wagner, 2012). They also argued that some strip searches might be unreasonable but this needs to

The Dilemma of Selecting a Suitable Recipient Case Study

The Dilemma of Selecting a Suitable Recipient - Case Study Example The 2 million-dollar donation of Dr. Jonathan Doe will greatly benefit the hospital. It will improve the facilities of the hospital and increase the scope of research on the cause and treatment of different illnesses. Thus, it will enable the hospital to respond to the needs of a greater number of patients. In addition, it is expected that more patients will be given appropriate treatment and medications if I conduct a heart transplant to Lisa. However, my decision to conduct a heart transplant to Lisa denies Jerry and Ozzie of the chance of survival. The three children of Jerry aged 14, 16 and 19 will be denied by a provider and a father. However, they may receive monthly support from the death insurance and pension of their father. Two of Jerry’s children can still avail financial support from his pension, while all of them can survive through his insurance. In addition, there is still a higher likelihood that Joanie can find a job or start a business through the insurance that she will receive after Jerry’s death. This justifies my decision to conduct heart transplant to Lisa instead of Jerry. The heart transplant to Lisa also denies the youth of knowledge and experience possessed by Ozzie in overcoming substance problems. He has agreed to serve as a counselor-mentor for a year in a particular organization if he gets the heart transplant. Undeniably, this will benefit a great number of youth who are confronted with drug and alcohol problems. This number is incomparable to the patients that will be benefited if Dr. Jonathan Doe donated 2 million dollars to the hospital. In addition, there is no assurance that Ozzie will be effective as a counselor-mentor in inducing change among the youth. Thus, it makes it reasonable to undertake heart transplant to Lisa rather than to Ozzie.