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George Mason Law Admission Personal Statement
INSTRUCTIONS:
The application requires submission of an additional statement not to exceed 250 words, double-spaced, that discusses the applicant’s particular interest in George Mason University Antonin Scalia Law School.
With the George Mason University School of Law’s close proximity to Washington, D.C., law students have year-round opportunities for employment in different areas of government, federal agencies, and private law firms. The George Mason School of Law offers day and evening programs for J.D. candidates, as well as one joint degree program, a J.D./Master of Public Policy. Law students can pursue curricular concentrations and tracks to specialize in areas such as patent law, intellectual property law, or homeland and national security law.
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Contingent Exclusionary Rule
In real world, Donald Dripps model would work as a constitutional remedy that integrates exclusionary regulation with financial damages conventionally related to tort allegations. Courts should begin to test suppression orders contingent based on police failure to pay for damages as determined by courts (Dripps, 2001).
In addition, compulsory use of the contingent exclusionary rule can be used to not only prevent but also punish deliberate breach of constitutional restrictions. However, a number of seizure and search breaches fail to meet deliberate violations, may be due to police obliviousness or unusual instances, as such contingent exclusionary rule applies to many criminal cases.
To some extent, the Contingent Suppression is compatible with restorative justice. To start with, it acts for the best interest of the judicial system since truth is well fostered. This due to the fact that police and judges would not hide evidence to get a criminal sentence when there is practical Fourth Amendment breach that can result in a suppression order, particularly, exclusionary rule in certain conditions fail to cost convictions the Fourth Amendment never forbid. The cost is simply decreased or even eliminated (Dripps, 2001).
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Moreover, the tort remedy protects the innocent as well the guilty from unconstitutional seizure and searches. This means tort remedy serves as a deterrent from illegal search and seizure. Both local and state administrations are liable to Forth Amendment breaches, can demand while enforcing training programs for law enforcement bodies in their jurisdiction. The constitutional remedy is important in encouraging ethical police officers and judicial process to be effective.
On the other hand, the courts may set damages and thus eliminate legal aspects from politics, especially; contingent exclusionary rule addresses political issues since the federal courts would set damages. By and large, using exclusionary rule as legal remedy will be mooted in way that protects the Constitution for Fourth Amendment breaches following the growing need to ban exclusionary rule.
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The Best Evidence Rule
What is the best evidence rule? Explain in detail.
The best evidence rule in the US Constitution is associated with Article X of the Federal Rules of Evidence (1001-1008). The statute identifies the guiding principles that may require either the plaintiff or defendant to table as evidence the contents of a document, footage or photograph at trial in the absence of original documents. However, secondary evidence can only be allowed, if either party can present tangible reasons for the missing original document.
The rule applies best in a circumstance where the party endeavors to substantiate contents of copy document presented as evidence at trial. Moreover, evidence to the original content can be adduced in the form of testimonies. Modern times have, however, necessitated the application of electronic, motionless and other copies as a substitute for the original (Miller, 2012). The general rule dictates that secondary evidence cannot be tabled at trial if the original document exists.
Why was the best evidence rule implemented into the U.S. court system? Explain.
In the US for instance, the court system held the view that any secondary evidence was inadequate. As such, the judicial system would prefer original content or recorded evident as opposed to photocopies because the substantiation in these documents was reliable and of great significance in a court of law(Miller, 2012).
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A case in point is where the Washington Post did a story based on a leakage which necessitated the fall of President Richard Nixon of the United States in 1972. Bob Woodward and Carl Bernstein wrote the editorial piece that carried grave allegations. The article highlighted a well-orchestrated ploy to rig President Nixon into the office for the second term.
Moreover, the information also led to the Watergate scandal. While the heated the article generated led to the President Nixon’s resignation from office, it also paved the way for the imprisonment of several top officers in the Nixon’s government (Amaya, 2008).The best evidence rule as enfolded in the Federal Rules of Evidence demands the application of original content, footage and photographic material or paintings. The precision of evidence it presents underscores the reason the statute was implemented in the United States court system.
What is the rationale behind its application?
The motivation for applying the best evidence rule can only be comprehended from the circumstances in which it emerges. The 18th Century, for instance, a situation arose where handmade evidence was tabled as evidence at trial. This set precedence for theassumption that in the absence of original content, there was every reason not to rely on the copy adduced as evidence (Miller, 2012).
Two viewpoints underlie the basis of the best evidence rule:
Fraud Deterrence:
The rule safeguards against false evidence. There is a presumption that an original document is less susceptible to falsified exploitation than a verbal testimony about the write-up. By admitting original content, the best evidence rule thwarts fraudulent orchestrations. Regardless of where the best evidence rule applies, it may be irrelevant to foil fraud in a bid to weaken the fraud rationale.
However, advents of photographic and scanning technology have made it probable to forge documents. While the best evidence rule may help to curtail fraud, it does not mean that all original documents tabled as evidence for trial are necessarily genuine (Allen and Stein, 2013).
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CurtailingMisconception of Writings
The justification presented is that the rule was formulated to curtail any likelihood of a deceitful imprint of the writings by demanding for the provision of original documents if they exist. Precluding misconceptions is a critical element; however, modern developments of the discovery weaken this to justify the best evidence rule model(Miller, 2012). The rationale that the judges can examine original documents implies that they can also determine the impreciseness before trial as opposed to unraveling the same problems using the best evidence rule.
Review the following cases concerning wiretapping:
Olmstead v. the United States
Olmstead’s office and the home area were tapped in a stealth mode by the federal agents. It is this evidence from that wiretaps that was used against him in court. The judgment was anchored on a wire-tapped discussion in which Olmstead insinuated a ploy to violate the National Prohibition Act through the importation and selling of illicit beer(Anderson, Schum and Twining, 2009).
The pronouncements to employ wiretapped discussions as implicating evidence did not violate their Fifth Amendment safety against self-incrimination as the conversationwas not illegitimately executed but were volunteered between the two parties. Independently, the party’s 4th Amendments rights were contravened because the whole issue of wiretapping does not entail a search and appropriation the sole impression of the 4th Amendment. Moreover, for ethical reasons, the jury ruled that wiretapping could be immoral, but no court can exclude such evidence.
Nardone v. the United States
In the case of Nardone v. the US, it’s challenging to understand the information used in the investigation the purpose as a result of security alert, a significant amount of data was recorded. In the identification of data that breaches privacy, lawmakers should be in a position to realize, hear and comprehend information, which is not relevant to the primary goal of the investigation. It is also intricate how a regime uses words spoken by an individual to convict them. In such a government, an individual can choose to speak or keep quiet while wiretapping fulfills the credentials for use in the court of law (Miller, 2012).
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Goldman v. the United States
In this case, the court ruled that dictaphones did not breach the Fourth Amendment. The dictaphone was placed on the office wall to record private discussion. Such a ruling the court reported that there was no physical violation of the intercepted discussion(Miller, 2012). It is evident that the Fourth Amendment protected the individuals in this case as well as areas from unwarranted search and seizure.
Berger v. New York
In the Berger v. New York case, Mr. Berger was charged with the crime of bribing the Chairman of Liquor Authority of New York State. It began when Ralph Pansini complained to the District Attorney regarding the state of New York agents raiding his bar and seizing accounting records. Pansini alleges that the raid was due to his refusal to pay the license fee. As such, he uses are cording device to interview and record the views of workers about the actual license fee.
Katz v. the United States
In this case, Katz purchased a public phone booth and used it in transferring illegal betting wagers. Unfortunately, the FBI was monitoring his conversations using electronic eavesdropping tool fixed on the booth. Katz appealed to the court but, the pleas were rejected since there was no physical violation to booth regardless of various constitutional issues that were brought into perspective.
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Summarize the current status of wiretapping restrictions according to the reviewed cases above.
Based on the above situations, they have different views regarding the legitimacy to use wiretapping in the court. In Goldman and Olmstead cases were diluted by their views. However, the main issue is that whether the seizures and searches are constitutional and meet the required standards as stipulated by law. The government’s decision to not only listen but also record electronic data of petitioners is against their right to use the phone booth.
Alleging that electronic tools used in recording information did not violate the booth is not constitutional(Anderson, Schum and Twining, 2009). The administration is adamant stating that the officers acted in that manner as defensive approach while the investigationwas initiated after the suspect was confirmed to be using the alleged phone booth to disseminate betting content to individuals in Boston, Miami, and Los Angeles, which is a breach of the federal laws. In these cases, wiretapping used by government officers is solely used for security reasons and also restricted to data that violates federal laws.
How must evidence derived from wiretapping be packaged and preserved? Explain.
Evidence collected from wiretapping is relevant in the above cases. As such, it should package and preserve in large containers. But for crime related cases such as stained clothes, the evidence should be stored in plastic bags to prevent proof from being interfered with because it is likely to compromise with original proof. With regards to ammunition cases, evidence must preserve in dry areas so avoid rusting such as plastic equipment. Another important fact to put into account is the use of safes and access should be done by certain individuals (Miller, 2012).
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How does wiretapping evidence relate to the “fruit of the poisonous tree” doctrine? Explain.
Wiretapping involves the use of electronic tools are secretly fixed to record theconversation of unsuspecting individuals, which is used later as proof in the court(Miller, 2012). On the other hand, “fruit of the poisonoustree” doctrine evidence is not employed if obtained in a way that calls for pervasive searches. The “fruit of the poisonoustree” doctrine was instigated to avoid law enforcers from breaching the rights of people through unnecessary searches as well as seizures.
What is the likely outcome of your case in court if the originals are not located? Explain.
This may lead to the dismissal of such a case sincethe judicial system allows for the recording of any case as adequate proof. Moreover, the parties may not agree on the data that its originality is not located. In the court of law, the accused attorney determine the proof against their clients and in instances where the evidenceis not validated, they (attorney) can easily win the case (Anderson, Schum and Twining, 2009).
References
Allen, R. and A. Stein, (2013). “Evidence, Probability and the Burden of Proof”, Arizona Law Review, 55: 557–602.
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Witnesses in the Criminal Justice System
Witnesses play a vital role in criminal cases as they narrate to the jury of the matters they know. In our constitution, they are required to make an oath that they are telling the truth (Kenny, 2014). The number of witnesses needed is at least two, but if one witness is comprehensive enough and prove beyond reasonable doubt, then their case can be taken. The bible does not support the use of one witness as indicated in 2 Corinthians 13:1 “This will be my third visit to you.
Every matter must be established by the testimony of two to three witnesses.” This is further supported by Hebrews 10:28 and Numbers 35:30, which states that one witness is not sufficient to convict a person- a leaf that the state and federal may need to borrow from the bible (Burnside, 2011).
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The issue of cross examination is vital in each case proceeding. The scriptures Proverbs 18:13 and Proverbs 18:18 support this concept as it argues that a person that makes decisions before hearing and examining it will result to folly and shame. Cross examination of a case is supported by the constitutions, where each case presented, witnesses and evidences are cross examined before a judgement is made. This is important as it helps prevent biased judgement (Burnside, 2011).
The physical evidence is also relied upon in our new system. This could be any material that reflects that the accused actually committed the crime. This is especially for capital cases as emphasised in the scriptures. For example, Deuteronomy 17:6-7 and Numbers 5:11-31, which indicates that whatever the cases, it must be related to the evidence which will ensure that execution is not done executed (Kenny, 2014).
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Special Emergency Reaction Team (SERT)
John B. Wilson files a claim against the city of Modesto for injuries incurred while trying to get fit in order to qualify as a member of the special emergency reaction team (SERT). Wilson who was exercising outside of his working hours claimed that he got injured in the line of duty as he sought to be fit enough for the physical tests required for SERT membership four times a year. It was ruled that Wilson was hurt during non-working hours and that his decision to exercise was not part of his work schedule.
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This case affects U.S. companies and in effect suggests that a company should clearly outline activities and time during which a person is covered for injury compensation. Worst case scenario is that Wilson would not be compensated because joining SERT is considered a voluntary act. His exercise was therefore not in the line of duty. The best case scenario would be where Wilson is granted compensation based on the fact that he was injured while trying to be fit enough for SERT, which is part of his work.
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The Family and Medical Leave Act
The Family and Medical Leave Act enables workers to take up to 12 weeks unpaid leave to attend to family or emergency matters such as a child’s birth, care for a child, serious health situation, foster parenting or care of relative with serious health issues. The Family and Medical Leave Act provides conditions for employees to benefit from the provision and also offers job security protection for the employees upon return to work.
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The Family and Medical Leave Act has a significant impact on U.S. companies as they must comply to reduce chances of legal litigation. Based on this Act, the worst case scenario would be a situation where a worker takes unpaid leave when their input in the company is highly required.
This may force the company to employ someone to replace them, only to be in a dilemma when the original employee comes back. The best case scenario would be where all cases are well investigated to establish whether the leave is really genuine and thus avoid disruption of organization’s activities.
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Fiduciary Duty
Critical Legal Thinking Cases
ERISA
In this case, trustees to the United Pension Fund (Plan) took advantage of their position to administer loans to themselves without any written applications, specified interest rates or repayment periods. The trustees were sued by the secretary of labor for breaching fiduciary duty.
The court ruled out that the trustees did not act prudently because they failed to ask for evidence of ability to repay, charge fair interest rates, enter into written agreements and demanding repayment once loans were due; as provided by 29 U.S.C. § 1104(a)(1)(B)
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This case definitely affects businesses in the United States because it cautions on the management and investment of employee pension. The case insinuates that businesses have the duty to protect employees’ pension plans. Any kind of loans given to parties of interest should be available to all participants of the plan on reasonably equivalent terms and at reasonable interest rates.
The worst case scenario in this case is that the trustees would be found guilty of breaching fiduciary duty and misusing their position to obtain unreasonable loans. The best case scenario would be for the trustees to be acquitted of the charges based on Texas usury statute which prohibits attaching interest rates which are greater than 10 percent.
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A Subpoena
According to Stansfield (2005) subpoena is a court order demanding for the production of a record, and its may also be known a court order or a search warrant. Upon receiving either of these documents, the response should be compliance either by forwarding a health record to the court requesting it or acquiring a countering court order or search warrant. It may sometimes also need the attendance of a health professional at the trial, subsequent to providing the documents the subpoena designates as well as giving evidence regarding to such documents (Perera et al., 2011).
When the person subpoenaed is the Director of Clinical Services, the accepted response is for the requested documents/records to be accompanied by the Risk Management Department, Medical Legal Officer or Health Record Management Department nominated officer and directly handing them only to the Judges Associate. The person receiving the record must avail his/her signature, and a note showing the date of receipt and the court’s name prepared (Stansfield, 2005).
How the Definition of Burglary Has Changed From The old Common Laws
According to the old common definition of burglary, it refers to any form of unauthorized entry into another individual’s residence without his or her permission and with bad intentions at night (Herring, 2014). This definition emphasizes on the fact that one is to be considered a burglar, if and only if his or her entrance is strictly into another person’s home, and in this case without authority.
Even though not all burglars are thieves, it is assumed that their intention is always to commit crime (Mawby, 2013). However, the modern day definition differs from the previous one in that; any forced entry without authority during the day also amounts to burglary. The sense in this definition is that; burglary as a crime can also take place in the day and in any building that can house people and not just people’s homes.
An Analysis of Burglar Crimes
In most cases, burglars are people who have previously committed different types of crimes, or are doing it to meet their daily needs or requirements (Wright, R., & Decker, 2016). Most of them may be motivated to participate in burglary in order to acquire drugs, money or simply from peer pressure. Cases of burglary usually have a great impact on the affected people, as a criminal offence that involves forced entry or breakage, most of them are left in fear or psychological torture, and they feel insecure when left alone in their residence or business area (Herring, 2014).
There are two factors that have to be taken into consideration when associating an individual with being a burglar, these are; the ‘mens rea’, which in this case refers to the mental state of the burglar, or in other words, the burglar’s awareness of the fact that he or she could be committing a crime; and the ‘actus Reus’, which again refers to the burglar’s objective when committing the crime, or the motif behind his actions (Herring, 2014). Proving the existence of the above two factors is enough evidence to show that a burglary crime was committed.
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Secondly, although the law classifies burglary as a planned crime, several factors have to be considered while analyzing it (Mawby, 2013). These are; whether different but similar crimes have been committed alongside; or if the burglar committed a different crime after the forced entry.
For instance, burglary with physical violence and threats to the victims is a common crime. In this case, the burglar should be arraigned with two crimes; burglary and assault or depending with the crime committed after the forced entry (Herring, 2014). Nevertheless, a burglar takes time to learn and understand their targets’ routine, as such, there is a lot of stalking of their chosen targets to fully come up with a suitable plan, and this also amounts in a crime.
Since not all burglars are stupid, trends in burglary crimes have changed from the way they occurred before to new styles in this century. Examples of modern day burglar crimes include: non-staff members in a school scenario entering into student residence with intentions of stealing; a student entering into the administrator’s office with the intention to steal her teacher’s purse. Regardless of the fact that such crimes may not necessarily involve forced entry, they still amount to burglarying according to its modern day definition.
