Free Essay Sample «Appeals»

An appeal refers to a scenario where a convicted individual challenges the court's ruling.  The defense team is the only one with the mandate to appeal; this means that the prosecution can not appeal. There are possible outcomes in an appeal. These outcomes include; appeal against sentence and/or conviction.

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This paper will focus on the case by Jones against the united state government. The case name is U.S. v. Jones, 10-1259. United States v. Jones is a court case under deliberation by the Supreme Court of the United States. In this case, the Court is considering whether the fourth amendment would be violated by using a tracking device on a vehicle without warrant.

In this case, Antoine Jones was being investigated for deaing with narcotics. The FBI and the metropolitan police department task force carried out the investigations. However, while, investigating the case the two bodies of investigations installed a GPS device on Jones’ jeep. This device tracked his movement for twenty four hours for four weeks leading to his arrest and conviction in January 2008. His charges included one count of conspiracy to posses and distribution of five or more kilograms of cocaine and more than fifty grams of cocaine base. All this contributed to a sentence of life in prison.

After Jones conviction and arrest, he filed for an appeal. According to him, his conviction should be overturned stating that the FBI had violated the fourth amendment. His attorney argued that by conducting an unwarranted search of his vehicle and tthe use of the GPS tracker, the police had violated his rights.

Jones appealed against the sentence and the conviction previously placed on him by the judge. The case is still in deliberation in the Supreme Court. The appeal judge ought to reduce his sentence because of the physical evidence presented before the court. On the other hand, Jones argues that the method used to attain the evidence violated his rights, and he should be set free. However, this argument can only lead to reduction in his sentence.

In this case, arguments require the police to have warrantees whenever they use the GPS technology to track any criminal suspect. The results of this case could have enormous implications in the society with regards to how police attain their evidence.

Free Essay Sample «Appeals»

 

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