In general, do you support “third party consent” as an exception to the warrant requirement|My essay solution

Posted: February 25th, 2023

PART 1. In general, do you support “third party consent” as an exception to the warrant requirement? Should one be able to overrule a third party’s consent? Does it matter where the reasonable expectation of privacy is actually located?

Should passengers in a vehicle have typical “reasonable expectations of privacy” regarding their person or personal items such as bags?

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Why and why not?

(200 words)

PART 2. Answer the questions 1-3 sentences.

1. Doctrine of Maximum Severity – capital offenses

·

2. Classical – Beccaria – rationally calculated punishment

·

3. Positivism – treatment/medical model

· indeterminate sentencing

 

 

· programs

 

 

· medicalizing behavior

 

· Martinson – “nothing works”

 

· Baxtrom studies

 

 

4. Liberal & Conservative backlash (Justice Model- neo-classical)

· determinate sentencing

 

· mandatory min; flat time; presumptive; 3 strikes

 

 

5. Panopticon, Auburn vs Eastern State

6. Prison subculture

· nature vs nurture

 

· prison ecology (Toch)

 

 

7. Prison in America

· 1900-1960’s

 

· 1960’s – changes (Race; Drugs; Age)

 

· Prison Today (inmate code; black market; racial tension; violence)

 

SOLUTION

Regarding the “third party consent” as an exception to the warrant requirement, it depends on the specific circumstances and legal context. In general, if a third party consents to a search or seizure of another person’s property, the search may be lawful if the third party has actual or apparent authority over the property. However, if the third party lacks such authority or if the property owner has explicitly revoked their consent, the search may be unlawful.

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