Thursday, October 17, 2019

Law Assignment Example | Topics and Well Written Essays - 1000 words - 1

Law - Assignment Example so have the expertise to interpret laws and the constitution, but both have vested interests and citizens do not stand a chance against the creator and the enforcer of the law. Only the Supreme Court can objectively assess the constitutionality of laws or government actions. Indictment and information both refer to the written instrument which formally charges an accused with an offense. Both are required to state with clarity the acts and circumstances that constitute the offense as defined by law. An indictment is returned only by a grand jury while in the case of information, the authority is with the Department of Justice. As such, an indictment states that â€Å"the grand jury charges† while an information begins with, "The United States of America, acting through its attorneys, charges". If I were charged with a criminal case, I would prefer an information over an indictment because in an information, I will have the chance of entering into a plea agreement with the prosecution. As an accused, I have the right to waive an indictment and opt for an information instead. A reasonable suspicion is basically an educated guess used by the police to frisk or detain a person. If the police suspects that a person is about to commit or has committed a crime, he can stop, frisk and detain the person provided that his suspicion has some valid and reasonable grounds. And these grounds must be supported by facts or circumstances that point to such facts. A probable cause is the requirement in order to carry out a valid and legal arrest or search. Before issuing a search warrant or a warrant of arrest, the police must convince the judge that a probable cause exists that the person to be arrested has committed the crime or that the objects they are looking for are at the premises to be searched. In the case of warrantless arrest and search, the police officer may base the existence of probable cause on the reliable and available information that they have at that

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