Amendments and East Side Riva Gang Essay Example

Amendments and East Side Riva Gang Paper November 21, 2011 Section # 45665, Hybrid Dr. Oliver M. Thompson Farah H. Soomro Student ID # 2252594 Phone # 415-920-3628 E-mail address: farah. [emailprotected] com Amendments And The East Side Riva Gang. The United States Constitution declares the Amendments that of which apply to anyone that is present in the United States, citizen or a non-citizen. The preamble, or an introduction given to the people, by the founding fathers of the United States was meant to lay an outline for the Amendments. One can interpret the preamble as a reason why the Amendments exist and why they are still being commonly used in the United States. The Amendments are also known as the Bill of Rights, which serve as a guide of basic rules established for the people who live, visit, or come to the U. S. , whether lawfully or unlawfully. The Amendments are derived from the English Bill of rights and English Law. The Constitution of the United States sets forth the nations fundamental laws. It establishes the form of the national government and defines the rights and liberties of the people residing in America. Many people do not realize the importance of Amendments, and only choose to practice them if and when they come in contact with the law. The Fourth and Fifth Amendments come into play when people are initially being arrested for any crime. The Fourth Amendment protects people against unreasonable search and seizure and the Fifth Amendment gives right for the person to remain silent, and not make self-incriminating statements. We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Amendments and East Side Riva Gang specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Sixth Amendment grants someone charged with a crime, right to a speedy trial by the peers of his community. Once the court knowledge’s a crime has taken place by a person, Eight Amendment, is there to protect the person being charged with excusive fine or bail. Eight Amendments also grants the person found guilty to not face â€Å"cruel or unusual punishment. † The Fourteenth Amendment is perhaps the one we don’t realize very often. But it is there, to protect non-citizens and citizens alike. Civil gang injunctions are an increasingly popular gang suppression tactic. These injunctions were challenged in the past, but today city attorneys have carefully worded their filings, they now name every gang member, along with restricting what they wear, where they are allowed to go, how late they may stay out and prohibit the gangs from associating with each other, which includes throwing up signs, acting as lookouts and using drugs. Violating these terms could make them in contempt with court and carry a sentence. One such civil gang injunction was handed out to local gang here in Riverside, known as the East Side Riva. The issue rises, why are District Attorney; such as Rod Pacheco, allowed to violate privacy of these gang members. The word â€Å"privacy† itself does not appear in the U. S. Constitution, but the U. S. Supreme Court has said that several of the Amendments create this right. One of which is the Fourth Amendment. It stops the police and other government agencies from searching citizens and or their property without proof of incriminating evidence that is to brought forth before a judge should generate a belief that incriminating evidence can be found on the citizens/property. The law in this stance is simple one is very much entailed to their constitutional rights, up until the guilty verdict, where the first right you lose is the one most cherish the most, â€Å"right to privacy. † This by no mean gives way to not having an attorney present, sixth amendment as stated above, gives one right to counsel. In the case of evidence use, there were a couple of cases; Boyd v. United States and Weeks v. United States, that said the federal government couldn’t use evidence acquired through an illegal process due to an exclusionary rule and it would not be admissible in court. So, if the evidence is obtained legally, it is admissible in court. Most of the Amendments might not be as black and white as people would want them to be. Our forefathers left a gray area, which has now been left to the people of various sates to fill in. Though unknown by me, as to how affective Civil gang injunctions are, there was never injustice, or overstepped boundaries by the DA. East Side Riva gang members were nothing more than nuisance to the society they resided in, loss of privacy and unable to contact each other, or being asked to wear different clothing seems rather reasonable, all things considered. Once arrested for a gang related crime, an illegal alien would have been tried, represented with counsel, procedures and trail would have been exactly the same, but being a non-citizen, and with the current over crowding of the jails and prisons, the person convicted would have been deported. Considering, immigration would have been notified of their affiliation with a gang and legal status. The legal basis for denying probationers and parolees full constitutional protections has varied over the years, (1) In the case of parolees; many courts adopted the constructive custody theory. This theory holds that parolees remain in the custody of the state while on parole and, therefore, are entitled to only the same limited Fourth Amendment rights as inmates. Not everyone followed this theory. In 1972, the Supreme Court decided the case of Morrissey v. Brewer. This case involved the application of Fifth Amendment due processes to parole revocation hearings, several comments made by the Court were on its later discussion of Fourth Amendment rights of probationers and parolees. The Court recognized without much discussion that parolees and, by analogy, probationers are different from ordinary citizens. Because of their unique position, states lawfully may impose restrictions upon parolees and probationers that otherwise would be unlawful if applied to ordinary citizens. In the case of East Side Riva gang, though the injunction might/might not solve the problem of these gangs associating, or communicating, but the District Attorney Rod Pacheco prosecuted them by the law. Endnotes: (1) For a good examination of the development of these legal theories, see Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment (St. Paul, MN: West Publishing Co. , 1996), Section 10. 10.

Free Essays on Al Capone

Prohibition led to the bootlegging of liquor and the gang wars of the 1920’s. The most notorious gangster of all time, known as Al Capone, was the most powerful mob leader of his era and era's to come. He controlled organized crime in the Chicago area from 1925 until 1931. Capone grew up during the time of the roaring 20s in Chicago il. He joined the James Street gang, lead by Johnny Torrio. In 1920, Torrio asked Capone to move to Chicago and work with his uncle who controlled the city’s largest prostitution and gambling ring at the time. Capone loved that idea. Later that year the Prohibition act came into affect and Capone became interested in selling illegal whiskey and other alcohol beverages. Al Capone was America's best known gangster and greatest symbol of destruction of law and order in the United States during the Prohibition era because of his leading role in the illegal activities which gave Chicago its reputation as a lawless city.... Free Essays on Al Capone Free Essays on Al Capone Al Capone is America's best known gangster and the single greatest symbol of the collapse of law and order in the United States during the 1920s Prohibition era. Capone had a leading role in the illegal activities that lent Chicago its reputation as a lawless city. Capone was born on January 17, 1899, in Brooklyn, New York. Baptized "Alphonsus Capone," he grew up in a rough neighborhood and was a member of two "kid gangs," the Brooklyn Rippers and the Forty Thieves Juniors. Although he was bright, Capone quit school in the sixth grade at age fourteen. Between scams he was a clerk in a candy store, a pinboy in a bowling alley, and a cutter in a book bindery. He became part of the notorious Five Points gang in Manhattan and worked in gangster Frankie Yale's Brooklyn dive, the Harvard Inn, as a bouncer and bartender. While working at the Inn, Capone received his infamous facial scars and the resulting nickname "Scarface" when he insulted a patron and was attacked by her brother. In 1918, Capone met an Irish girl named Mary "Mae" Coughlin at a dance. On December 4, 1918, Mae gave birth to their son, Albert "Sonny" Francis. Capone and Mae married that year on December 30. Capone's first arrest was on a disorderly conduct charge while he was working for Yale. He also murdered two men while in New York, early testimony to his willingness to kill. In accordance with gangland etiquette, no one admitted to hearing or seeing a thing so Capone was never tried for the murders. After Capone hospitalized a rival gang member, Yale sent him to Chicago to wait until things cooled off. Capone arrived in Chicago in 1919 and moved his family into a house at 7244 South Prairie Avenue. Capone went to work for Yale's old mentor, John Torrio. Torrio saw Capone's potential, his combination of physical strength and intelligence, and encouraged his prot g . Soon Capone was helping Torrio manage his bootlegging business. By mid-1922 Capone ra... Free Essays on Al Capone Al Capone Al Capone was possibly the largest and most feared mofia boss America has ever seen. This 1920’s gangster made his mark on the world through organized crime during the Prohibition era. He is solely attributed with Chicago’s reputation as a lawless city. Alphonsus Capone was born on January 17, 1899 in Brooklyn, New York. As a child he was a member of the Brooklyn Rippers and the Forty Thieves Juniors â€Å"kid gangs.† Capone quit school at age fourteen in the sixth grade. He worked a few odd jobs in Manhattan in a bowling alley and a candy store. Then Capone took a position as a bouncer in Frankie Yale’s Brooklyn dive and the Harvard Inn. While working at the Inn he was attacked by a man and received the facial scars that would give him the byname â€Å"Scarface.† Capone met Anne â€Å"Mae† Coughlin at a dance in 1918. Later that year on December 4, 1918 she gave birth to their son, Albert â€Å"Sonny† Francis. Less than a month later they were married. Capone became a member of the Five Points gang in Manhattan. During this time he hospitalized a rival gang member in a fight. Feeling the heat from the conflicting group, he moved his family to Chicago. He began to work for John Torrio, an old partner and mentor of Yale. Capone was soon helping to manage Torrio’s bootlegging business. He quickly gained the respect of Torrio and became his number two man. After being shot by an opposing gang member, Torrio left Chicago. Capone became boss of the â€Å"outfit.† Torrio’s men respected Capone and trusted his business decisions. They referred to Capone as â€Å"the big man.† In the next five years he expanded his industry of crime. Capone controlled speakeasies, nightclubs, brothels, gambling houses, and much more. His bootlegging provided the city of Chicago with alcohol during prohibition. Capone had a reported income of $100,000,000 a year. Capone had an intricate spy network throughout ... Free Essays on Al Capone Organized crime was not so organized up until the 1920s. When the 1920s arrived, the American lifestyle changed dramatically. People started investing money in home appliances and automobiles, women’s skirts became higher and drinking became very popular. Also, organized crime came to a rise in the 1920’s. And in the high ranks of organized crime was Al Capone. Al Capone ran many illegal businesses including bootlegging, gambling, prostitution, and murders. There were many gangs in the world of organized crime and Al Capone’s was at the top. Al Capone was the most infamous gangster in the 1920’s. Being a big time gangster was big business. Money was made fast and very easily. Bootlegging alcohol was by far the most profitable in the 1920’s, this was because of the prohibition. Gambling was another business that paid off. Gambling stations were set up all over cities. Prostitution and Murders were also crimes that made gangsters money. Alphonse Capone was the biggest force in organized crime. He started his career of crime in Boston, as an apprentice to Johnny Torrio. That is where he earned the unforgettable nickname â€Å"Scarface.† It was in a bar when Capone made some rude comments about a woman. Minutes later, the woman’s brother sliced Capone in the face. D. VanGorder 2 This man was a friend of Charles â€Å"Lucky† Luciano. Al Capone was punished and forced to apologize. Al Capone did not become a leader until he went to Chicago. At the time he was still an apprentice to Johnny Torrio. In the midst of the gang violence and bootlegging was Chicago. Chicago was a great place to start a ring of organized crime. The government was very weak which made it easier to do crime. Capone entered the city of Chicago in 1920. At the time, â€Å"Big Jim† Colosimo ran things. He made about 50,000 dollars a month. Torrio and Capone started their business with four gambling joints/whore houses in Chicago. These underground plac... Free Essays on Al Capone The name Capone itself sends mixed emotion through the mind of the average American but is a name unknown to very few. Some might smile at the thought of the man that ran Chicago with the FBI nipping at his heels like poodles and booming like a robber baron on illegal enterprise while others may shudder at the thought of the death and pain caused at the snap of fingers by the tyrant they called â€Å"Scarface†. Much is known and even more is speculated about the lavish life of a consummate professional in the business of bootlegging, brothels, gambling and numbers or the all out turmoil known as Chicago night life but stratospheres of space are left for speculation as proven by Frank Wilson and Elliot Ness. Capone started his life as a promising B student from a caring family but slowly took a grizzly metamorphosis into a hardened villain, hustler, and murderer in a city that honored and celebrated a gangster funeral like a Macy’s Day Parade. The following chronicles t he life of the most notable gangster in modern day history through his attempts at moral and honest living and his lapses into criminal activity that even he preferred to avoid and then writes him off into sweet, syphilis-ridden dreams. Alphonse Capone was the first son born and conceived on American soil of Gabriele and Teresina Capone, also incorrectly thought to have been known by the surname Caponi (Bardsley-1). Gabriele came to America with full understanding of literacy and bookkeeping after having run a barbershop in Italy, which aided him in his attempts at successful and, most of important of all, honest business in the â€Å"New World†. Laurence Bergreen describes the family saying, â€Å"Nothing about the Capone family was inherently disturbed, violent, or dishonest. The children and the parents were close; there was no apparent mental disability, no traumatic event that sent the boys hurtling into a life of crime.†(Bergreen-2). The family began their stru... Free Essays on Al Capone The name Capone sends mixed emotion through the mind of the average American but is a name unknown to very few. Some might smile at the thought of the man ran Chicago with the FBI nipping at his heels and booming like a robber baron in illegal enterprise while others may shudder at the thought of the death and pain caused at the snap of fingers by the tyrant they called â€Å"Scarface†. Much is known and even more is speculated about the lavish life of a consummate professional in the business of bootlegging, brothels, gambling and numbers or the all out turmoil known as Chicago night life. The clandestine activities of Capone leave stratospheres of space left for speculation as proven by Frank Wilson and Elliot Ness. Capone started his life as a promising B student from a caring family but slowly went through a grizzly metamorphosis into a hardened villain, hustler, and murderer in a city that honored and celebrated a gangster funeral like a Macy’s Day Parade. The fol lowing chronicles the life of the most notable gangster in modern day history through his attempts at a moral and honest living and his lapses into criminal activity and then writes him off into sweet, syphilis-ridden dreams. Alphonse Capone was the first son born and conceived on American soil of Gabriele and Teresina Capone, also incorrectly thought to have been known by the surname Caponi (Bardsley,1998). Gabriele came to America literate and as a bookkeeper after having run a barbershop in Italy. This aided him in his attempts at running a successful and, most of important of all, honest business in the â€Å"New World†. Laurence Bergreen describes the family saying, â€Å"Nothing about the Capone family was inherently disturbed, violent, or dishonest. The children and the parents were close; there was no apparent mental disability, no traumatic event that sent the boys hurtling into a life of crime†(cited in Bardsley,1998). The family began their struggle to adv... Free Essays on Al Capone Prohibition led to the bootlegging of liquor and the gang wars of the 1920’s. The most notorious gangster of all time, known as Al Capone, was the most powerful mob leader of his era and era's to come. He controlled organized crime in the Chicago area from 1925 until 1931. Capone grew up during the time of the roaring 20s in Chicago il. He joined the James Street gang, lead by Johnny Torrio. In 1920, Torrio asked Capone to move to Chicago and work with his uncle who controlled the city’s largest prostitution and gambling ring at the time. Capone loved that idea. Later that year the Prohibition act came into affect and Capone became interested in selling illegal whiskey and other alcohol beverages. Al Capone was America's best known gangster and greatest symbol of destruction of law and order in the United States during the Prohibition era because of his leading role in the illegal activities which gave Chicago its reputation as a lawless city....