WHITE, J., filed an opinion concurring in the judgment, in which STEVENS, J., joined, post, p. 474 U. S. 60. Taxonomy of Rules Co-production with Davis Films and Konami Distributed by Open Road Films in the US. Taylor thus makes clear: Where Congress has Commerce Clause power to regulate the underlying commercial activity (there. In the third case cited by appellant, Smith v. Ozark Water Mills Co., 215 Mo.App. In either case, it is extremely rewarding because God uses the . Brief of respondent Tim Shoop, Warden in opposition filed. Form and Function of Rules Issue ), cert. 37. Is there a tort of negligent investigation? Right Of Passage Over Indian Territory Case (Portugal v India). Who does it not cover? 41-1502(3), 41-901(1)(a), 41-1101(1)(a) (1977). Where, as here, a defendant is represented by counsel during the plea process and enters his plea upon the advice of counsel, the voluntariness of the plea depends on whether counsel's advice "was within the range of competence demanded of attorneys in criminal cases." I write separately to state why, under the particular facts of this case, petitioner is not entitled to an evidentiary hearing on his habeas claim of ineffective assistance of counsel. Hill was investigated by the police, arrested, tried, wrongfully convicted, and ultimately acquitted after spending more than 20 months in jail for a crime he did not commit. The evidence in the case presented an issue submissible to the jury of whether or not, in failing to warn the decedent, and instructing her to ride on the ladder, the appellant met the requisite standard of care. 2014), cert. Consider all of the facts and circumstances. See pp. 1999), cert. Area of law Appellant's next argument is premised upon the assumption that, because the trial court sustained respondents' motion for new trial on the single ground that the verdict was against the weight of the evidence, it thereby overruled the assigned ground that defendant's contributory negligence instruction lacked evidentiary support. The second, or "prejudice," requirement, on the other hand, focuses on whether counsel's constitutionally ineffective performance affected the outcome of the plea process. Congress has that authority, because courts have long recognized Congresss power to criminalize violent interference with ongoing commercial activity (such as the preparation of goods for interstate shipment) that Congress would otherwise have the power to regulate. Courts have therefore upheld prosecutions where the evidence is sufficient to satisfy those elements. In short, this as-applied challenge requires the Court to determine only whether Congress has the power under the Commerce Clause to criminalize an assault that directly and immediately prevented the victim from continuing to prepare goods for interstate shipment. United States v. Hill, 700 F. Appx 235 (4th Cir. Action for damages for wrongful death. In the case of Ballew v. Schlotzhauer, 492 S.W.2d 774 (Mo.1973), and Lynch v. Hill, 443 S.W.2d 812 (Mo.1969), cited and relied upon by appellant in support of his contributory negligence as a matter of law argument, the court held plaintiff not guilty of negligence as a matter of law. at 161. But where, as here, a bias-motivated assault directly interferes with a workers preparation of packages for interstate shipment, Congress has the power to criminalize it. On August 15, 2018, the district court entered a judgment of acquittal. And in any event, the federal government may reach conduct inside a private home under the Commerce Clause if there is a sufficient nexus to interstate commerce, as the statute itself requires. Download United States v. Hill Brief as Appellant. Defendant sellers never disclosed to Plaintiff, or to the termite inspector, the fact that in the past the house had been infested by termites and that the house received treatment for such infestations. Defendant submitted contributory negligence on the part of the decedent in riding on the machine "in an improper manner.". Courts have found that the federal government cannot criminalize all arson or robberies. Had petitioner made such an allegation, however, he would be entitled to such a hearing, as he clearly alleged more than sufficient facts that, if proved, would show that he was prejudiced by his counsel's error, and thus entitled to habeas relief. For example, this Court affirmed a Hobbs Act conviction where a defendant robbed delivery drivers from two chain restaurants without requiring proof of an adverse effect on those restaurants business. 120-121. each individual application of a federal statute need not itself target conduct that substantially affects interstate commerce. Patricia Hill was killed when run over by an earth moving machine operated by her brother, Wayne Sparks. filed. What was the legislative intent (i.e. I did not know that the Court could deviate from the concessions agreed to without informing me, nor that it could say to do 1/3 minimum enstead [sic] of just 1/3, until parole.". A passenger in the car (plaintiff) brought a negligence suit against the truck owner. 23-42. The left front wheel struck a mound of dirt about 1 feet high. The test is sometimes couched in terms of probability. If the actor has in fact more than the minimum of these qualities, he is required to exercise the superior qualities that he has in a manner reasonable under the circumstances." 249(a)(2). The District Court denied habeas relief without a hearing, and the Court of Appeals affirmed. Sign up for our free summaries and get the latest delivered directly to you. A minor who engages in an adult activity that is dangerous, e.g., driving an automobile, is charged with the same standard of conduct as an adult. The California Supreme Court reversed, sustaining both the arrest and the search. In other words, in order to satisfy the "prejudice" requirement, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. 79-1186 Argued: October 8, 1980 Decided: November 17, 1980. The goal in a good analysis is to step through every element and match up every fact rather than just coming to a snap conclusion because one of the elements is not satisfied. Wayne Sparks, as an experienced operator of earth-moving, machinery, he instructed his sister to stand on a ladder on the. There is sufficient proximity between a police officer and a suspect, as the relationship between the parties was personal, close and direct, thereby giving rise to a prima facie duty of care. Hill v. Sparks, 546 S.W.2d 473 | Casetext Search + Citator Opinion Case details Case Details Full title: WILLIAM RILEY HILL ET AL., RESPONDENTS, v. WAYNE SPARKS, APPELLANT Court: Missouri Court of Appeals, Kansas City District Date published: Jan 31, 1977 Citations Copy Citation 546 S.W.2d 473 (Mo. Id. And where Congress can regulate the underlying commercial activity in which a victim is engagedsuch as drug dealingCongress can also criminalize a robbers interference with that commerce. 249(a)(2)(B)(iv)(II). Plan is to steal expensive equipment and pawn it. Strickland v. Washington, supra at 690. Again, the Court upheld the conviction because the building contained a daycare center that was actively engaged in commercial activity by participating in the market for childcare services. Id. As blood sugar falls, a person may lose consciousness, become combative and confused, or suffer a seizure. In the present case, the claimed error of counsel is erroneous advice as to eligibility for parole under the sentence agreed to in the plea bargain. Ark.Stat.Ann. could even extend into someones home if, for example, they prepared, packaged, and shipped merchandise out-of-state. J.A. The Commerce Clause does not require that the government prove a substantial effect on interstate commerce in each individual case. A reasonable person would think that the once they have paid off a particular item of furniture, it is there's to keep. If the key facts are similar enough, then you can draw an analogy that the decision rendered in the previous case should be used in the current case as well. Hills conduct interfered with the commercial or economic activity in which Tibbs was engaged at the time of the conduct, namely, packing boxes for interstate shipment at an Amazon warehouse. Application of Section 249(a)(2) to the facts of this case falls well within Congresss Commerce Clause power because courts have long recognized that Congress can regulate interference with ongoing engagement in commercial activity, which the government proved here. of the claims against these defendants as well.2 The case was reconsidered en banc, prior Circuit authority was over-ruled and the District Court judgment was reversed insofar as it had dismissed claims against the defendants other than the judge. See 18 U.S.C. See Hill, 700 F. Appx at 243-244 (Wynn, J., dissenting) (discussing Section 249(a)(2)s text and legislative history). 1951(b)(3) .18, Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 18 U.S.C. Failing to keep a careful lookout for the health, safety and welfare of decedent as she was riding on the side ladder of the machine. 18-4660, UNITED STATES OF AMERICA, With these examples in place, you can draw an analogy to the facts and circumstances of your hypothetical. Here, the underlying activity is the. denied, 540 U.S. 1169 (2004) 23, 27, United States v. Wilson, 118 F.3d 228 (4th Cir. She pays off all of the purchases. J.A. When the machine hit a mound of dirt, it bounced. 364, 429, 431-432, 462. authority. 249(a)(2)(B)(iv)(II) 6, 26, 18 U.S.C. at 236-237. Hill suffered a diabetic emergency. The federal arson statute, for example, validly criminalizes destruction of property that is used for a commercial purpose. Pursuant to a plea-bargaining agreement, petitioner pleaded guilty in an Arkansas court to charges of first-degree murder and theft of property, and the court accepted the plea, sentencing him, in accordance with the State's recommendations . Courts have held that the addition of this element transformed a non-economic statute into a statute that fell within Congresss Commerce Clause power and that the federal government can constitutionally enforce the statute whenever it can prove the commerce element. Discussion. See United States v. Gallimore, 247 F.3d 134, 136 (4th Cir. ", "The Petitioner contends that his counsel's erroneous advice concerning his potential parole eligibility date was a critical factor in his decision to enter a guilty plea. 2014), cert. The government can meet the commerce element by proving, among other things, that the offense interfere[d] with commercial or other economic activity in which the victim [was] engaged at the time of the conduct or that the offense otherwise affect[ed] interstate or foreign commerce. 18 U.S.C. A four-inch blade? Judicial Tests 2016). (arson that targets property owned by a business can be federally regulated even though the motive for the arson was a personal family dispute between the defendant and employees of the business), cert. The court feared that this could effectively federalize commercial property even where the conduct has no connection to the commercial nature of the premises and that Section 249(a)(2). denied, 537 U.S. 963 (2002); Williams, 342 F.3d at 354 (Hobbs Act does not require proof that a defendant intended to affect commerce.); see also Hill, 700 F. Appx at 247 (Wynn, J., dissenting) (collecting additional cases). denied, 565 U.S. 1084 (2011) 21, 23, United States v. Clausen, 328 F.3d 708 (3d Cir. Supreme Court of Canada Similarly, the federal Hobbs Act validly criminalizes robberies that interfere with commercial activity. According to petitioner, his attorney had told him that, if he pleaded guilty, he would become eligible for parole after serving one-third of his prison sentence. 37. 42.1 On September 11, 2018, the United States filed a timely notice of appeal. Congress can protect people who are actively engaged in interstate commerce, not just property or businesses. Sparks turned to the right to operate the controls by which the contents of the bowl were dumped. - Hill v. Sparks 546 S.W.2d 473. Pp. This Court has jurisdiction under 18 U.S.C. 28. denied, 534 U.S. 1035 (2001) .18, United States v. Umaa, 750 F.3d 320 (4th Cir. Gross inequality of bargaining power: Because of the lack of transportation, there is only one merchant who sells furniture in the inner city neighborhood. Sparks took over the wheel and sat in the operator's seat. entered in state court was involuntary, and resulted from ineffective assistance of counsel. 551), and the district court agreed that the commerce evidence was sufficient under the statute (J.A. Order affirmed and cause remanded for new trial. 37. J.A. 1959(b)(2)15, 18 U.S.C. United States v. Lopez, 514 U.S. 549, 559 (1995). Dec 21 2021: Brief amici curiae of National Disability Rights Network, et al. of counsel. 2. The district court erred when it found that Section 249(a)(2) was unlike the arson statute and the Hobbs Act because, in the courts view, those statutes regulated inherently economic activity while Section 249(a)(2) did not. 1291. Citations are also linked in the body of the Featured Case. Balancing of Factors Test The voting form will be looking for: Your rate title, the 3-4 albums you are submitting (or a pastebin of songs selected in a grab bag of songs), a brief description, and if you or someone else are committed to host. 573 (1922), the court did say that a person riding on the fender of an automobile was guilty of contributory negligence as a matter of law where he did so in these circumstances (238 S.W. The factors are not meant to be a laundry list of necessary elements; otherwise, the factors would be incorporated into the rule. In Taylor v. United States, the Supreme Court held that when a person robbed or attempted to rob a drug dealer of drugs or drug proceeds, the government need not introduce further evidence of the robberys impact on interstate commerce. The only issue on appeal here is whether the application of Section 249(a)(2) to the facts of this case satisfies the Commerce Clause. However, the common law rule for burglary required several elements. Ibid. Breach of Standard of Care: Operator of heavy machinery has sister ride on side of tractor. 1959(a)(1), rejecting the defendants argument that it regulated quintessential, noneconomic, local activity. See United States v. Umaa, 750 F.3d 320, 336 (4th Cir. ), cert. Here are two cases that illustrate the standard. Prior to trial, plaintiffs settled their claim against Liberty Equipment for $17,500.00. Defendant has appealed from that order. One judge dissented, arguing that a hearing should have been held to determine whether the attorney's alleged mistake in informing petitioner about "the applicable law" constituted ineffective assistance of counsel and warranted vacating the guilty plea. James William Hill, III, the defendant, assaulted his coworker Curtis Tibbs at an Amazon warehouse in Virginia while both men were actively preparing goods for interstate shipment. The evidence against Hill included a tip, a police officer's photo identification of Hill, eyewitness identifications, a potential sighting of Hill near the site of one of the robberies, and witness statements that the robber was Indigenous. During their investigation, the police released Hill's photo to the media. The dispositive question for Commerce Clause purposes is whether Hills conduct affected the victims ongoing commercial activity, which Section 249(a)(2)(B)(iv)(I) appropriately recognizes. Hill argues that Chimel v. California, 395 U.S. 752 , narrowing the permissible scope of searches incident to arrest, decided after the affirmance of his conviction by the state courts, should be applied to his case in this Court on direct review. (II) otherwise affects interstate or foreign commerce. Court decisions in United States v. Lopez, and United States v. Morrison, the arson of a buildingeven a private homecontaining an active business will often satisfy the Commerce Clause.) 1951, demonstrate this. 319, 321. We also held, however, that, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.". Hill appealed on the fact that the police were not found to be negligent, and the police cross-appealed on the finding of a tort of negligent investigation. 2017) (Wynn, J., dissenting) (Defendant has identified no case in which a federal criminal statute including such a jurisdictional element has been. Get free summaries of new US Supreme Court opinions delivered to your inbox! The court noted that neither Arkansas nor federal law required that petitioner be informed of his parole eligibility date prior to pleading guilty, and concluded that, even if petitioner was misled by his attorney's advice, parole eligibility "is not such a consequence of [petitioner's] guilty plea that such misinformation renders his plea involuntary." Insofar as the charge of negligence is concerned, the question on review in this court is whether there was substantial evidence which might have supported a verdict for plaintiffs. Appellant suggests that such questions should be answered in order to avoid the possibility of a third trial. denied, 135 S. Ct. 2856 (2015)..15, United States v. Wang, 222 F.3d 234 (6th Cir. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. An official website of the United States government. There is no right answer as to the dispute, but the excellent answer analyzes all of the facts and issues. In contract law, one party can make a contract void if the terms are found to be unconscionable. Listed below are those cases in which this Featured Case is cited. December 27, 1976. Despite his knowledge and experience, appellant directed his sister to ride as a passenger on the ladder while he operated the machine. In criminal law, the charge of burglary carries with it a greater penalty than mere theft. The district court committed a number of analytical errors in concluding that the application of Section 249(a)(2) in this case exceeded Congresss Commerce Clause authority. 731 F.2d 568, 570-573 (1984). In reaching that conclusion, the Court reasoned that the building was actively employed in a commercial activity. Id. The IRAC Formula A thief could break into a barn, which is not considered a dwelling since no one lives there, and steal valuable farm equipment. Since the facts and circumstances often determine the legal issue, you can often simply look to see whether the facts of this case match the facts of previous cases. Specifically, the government must prove that the bias motivated offense satisfies one or more of the following commerce elements: (i) the conduct * * * occurs during the course of, or as the result of, the travel of the defendant or the victim--, (I) across a State line or national border; or. We have never held that the United States Constitution requires the State to furnish a defendant with information about parole eligibility in order for the defendant's plea of guilty to be voluntary, and indeed such a constitutional requirement would be inconsistent with the current rules of procedure governing the entry of guilty pleas in the federal courts. that [the defendant] would have gone to trial on a defense of intoxication, or that, if he had done so, he either would have been acquitted or, if convicted, would nevertheless have been given a shorter sentence than he actually received"). Joseph E. Stevens, Jr., William C. Hopkins, II, Kansas City, for respondents. It is true that Congress can only exercise its Commerce Clause authority under the relevant portions of Lopez and Morrison if the category of conduct that it seeks to regulate substantially affects interstate commerce. North Carolina v. Alford, 400 U. S. 25, 400 U. S. 31 (1970); see Boykin v. Alabama, 395 U. S. 238, 395 U. S. 242 (1969); Machibroda v. United States, 368 U. S. 487, 368 U. S. 493 (1962). Also, you can be light in one factor and heavy in another and still apply the rule. The fact that evidence on the contributory negligence issue came largely from plaintiffs' witnesses does not affect the right of the trial court to exercise the discretionary authority granted it. p. 22 (federal courts generally are not required to inform defendant about parole eligibility before accepting guilty plea). Moreover, the concern that unfair procedures may have resulted in the conviction of an innocent defendant is only rarely raised by a petition to set aside a guilty plea.'". a. In this case, the claimed unsafe condition was not a static one but one which arose by reason of the operation of the machine and involved, among other things, the speed of its operation and the terrain upon which it was operating. held to exceed Congresss authority under the Commerce Clause, nor have I found any.). J.A. After a jury verdict for defendant, the trial court sustained plaintiffs' motion for new trial on the grounds that the verdict was against the weight of the evidence. denied, 540 U.S. 1169 (2004); see also Carr, 652 F.3d at 813 ([T]he law of this circuit requires the government to show only that the charged crime had a de minimis or slight effect on interstate commerce.); United States v. Clausen, 328 F.3d 708, 711 (3d Cir.) 3731..1, 28 U.S.C. The Court explained that [b]y targeting a drug dealer in this way, a robber necessarily affects or attempts to affect commerce over which the United States has jurisdiction. Ibid. As you can see, the distinctions can easily become blurred and it's hard to know where to draw the line. (a) Where a defendant enters a guilty plea upon counsel's advice, the voluntariness of the plea depends on whether the advice was within the range of competence demanded of attorneys in criminal cases. . Directly interfering with an individuals economic or commercial activity is sufficient to satisfy the Commerce Clause; there need not be a significant adverse impact on the ongoing commercial or economic activity of any particular business entity. 33. They either have to buy furniture from the merchant at his high prices or go without the furniture. 43-2829B(3) (1977), I find that petitioner did not allege sufficient facts to entitle him to an evidentiary hearing on his ineffective assistance of counsel claim. Supreme Court precedent, as described in more detail below. As the majority indicates, petitioner signed such a written "plea statement" indicating that he understood the charges against him, the consequences of pleading guilty, and that he was "aware of everything in this document." Held, actor with superior qualities must use them in reasonable manner under the circumstances. denied, 568 U.S. 889 (2012)24, United States v. Hill, 700 F. Appx 235 (4th Cir. 3. When the machine hit a mound of dirt, it bounced. View full document Torts/White Negligence Duty of Care Hill v. Sparks 546 S.W.2d 473 (Mo. Where sellers to a home are aware of facts materially affecting the value of the property, the sellers are under a duty to disclose such facts. While the conclusion can be short, the analysis should be full, lengthy and methodical. The fact that an issue of contributory negligence was raised does not alter the discretionary nature of the trial court's ruling. The Court did not inquire into whether the robbery prevented the delivery of meals or affected either companys bottom line. The rule on the standard of care can be stated as follows: Although we have a clear statement of the rule, it's impossible to know what behavior is reasonable and prudent without knowing some examples. Finally, the court found that Section 249(a)(2) comes closest to passing constitutional muster as applied to Hill through its jurisdictional element, which requires the offense to interfere with the victims commercial or economic activity. J.A. Standard Of Review..12, B. Jan 06 2022: Record Requested. Citation Plaintiff-Appellant, JAMES WILLIAM HILL, III, J.A. Sparks, out of the corner of his eye, saw his sister fall but could not stop the machine before it ran over her, resulting in almost immediate death. Held: 1. Often the courts will say "no single factor is dispositive," meaning that one fact or set of facts won't decide the case. 3231..1, 18 U.S.C. Further, there were no broad policy reasons for declining to recognize a duty of care owed by the police to a suspect. 2001). In interpreting and ruling on challenges to both statutes, courts have consistently held that the statutes can be applied where the government proves interference with ongoing commercial activity. What qualities are, What statuses or choices does the Pregnancy Discrimination Act (PDA) cover? Morrison, 529 U.S. at 611-612; accord Lopez, 514 U.S. at 561-562. Jan 18 2022: Record received from the U.S. Court of Appeals for . He alleged no special circumstances that might support the conclusion that he placed particular emphasis on his parole eligibility in deciding whether or not to plead guilty. _______________________ See 18 U.S.C. The possibility that the statute could reach some other conduct in a different prosecution is irrelevant here and would be more appropriately addressed in a future as-applied challenge. 33-34. You then list all of the facts and circumstances of a case. 249(a)(2)(B). employment when they were robbed, was sufficient to satisfy the statutes commerce element and the Commerce Clause. Unconscionability in a contract exists IF there is: Next, we have to prove each of the elements of unconscionability. Hidden terms: If the retailer hid the terms in the fine print of the contract or engaged in deceptive sales practices to mislead the buyer, then that also suggests that the buyer did not have full knowledge of the unreasonable terms. J.A. The method used depends on the rule. Think of these techniques as the set of tools that you'll use to apply the rule. Judge Wynn wrote separately, stating that he would have upheld Section 249(a)(2) as applied in this case. See United States v. Rodia, 194 F.3d 465, 472 (3d Cir. The amended statute now makes it unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. 18 U.S.C. he would have pleaded not guilty and insisted on going to trial. Plaintiffs' claim was submitted on primary and humanitarian negligence. 38. A clearly negligent police investigation of a suspect could cause harm to a suspect. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Use it only when cases specifically state that alternative weights are allowed. Finally, the district courts concern that Section 249(a)(2) would be boundless if applied in this case is unwarranted. - Hill v. Sparks 546 S.W.2d 473. Rule: An offensive touching occurs if a tortfeasor has knowledge of a person's unusual sensitivity and D violates the sensitivity, even if a reasonable person wouldn't be offended. Hill's brief [ edit] By invoking 42 U.S.C. In any event, the district court was wrong when it stated that applying Section 249(a)(2) in this case would effectively federalize commercial property, even when the conducthere, violence based on discriminatory animushas no connection to the commercial nature of the premises. J.A. The court rejected the United States argument that the statute, which included a commerce element, was akin to other federal criminal statutes that target criminal interference with ongoing commerce. 3729. Although it is unclear whether petitioner or his counsel filled out the form and inserted this number, there is no allegation that petitioner told his attorney about his previous Florida felony conviction. The respondent police officers owed a duty of care to Hill, which required them to meet the standard of a reasonable officer in similar circumstances. Ante at 474 U. S. 59. denied, 534 U.S. 1140 (2002). Here are two cases that illustrate the standard. (citation omitted), cert. Stevens v. Veenstra _ Case Brief for Law School _ LexisNexis.pdf, Defense & Reposession--Brown v. Martinez.docx, (3.3) Case Brief (J'Aire v. Gregory).docx, Ventricelli v. Kinney System Rent A Car, Inc.docx, INTL704_Mod_05_Individual_Assignment.docx.pdf, 7 Once weve made our two calls to getJointPositionSkeleton we have both of the, 33 The following graph shows the velocity versus time for a particle moving in, How many weeks long will it take to complete the airport A 28 B 38 C 47 D 53 You, This formative assessment will be marked automatically by the online portal and, Standards Legislation Policies Demeter Statistics 166 FiBL IFOAM Organics, Finding Denies jaw problems Available Pro Tip Asking about symptoms such as jaw, Faster growth is not always better for an economy because there are costs, customer-relationship-management-policies-procedures-convertido.docx, 2021 Lab Rubric - Carbon Sequestration.pdf, social marginal cost for property rights p 40 In Figure 215 showing the cost. 38-39. As a result, on that date, the ground in the area was quite rough and disturbed from the use of various pieces of earth moving machinery. 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For $ 17,500.00, but the excellent answer hill v sparks case brief all of the Featured case affects interstate commerce not. But the excellent answer analyzes all of the decedent in riding on the machine hit a mound dirt! Defendants argument that it regulated quintessential, noneconomic, local activity front wheel struck a mound dirt... A suspect, dissenting ) ( 2 ) ( 1 ) ( iv ) ( 2 ) applied... Answered in order to avoid the possibility of a suspect could cause harm to a suspect have Section! Become combative and confused, or to explain individual moderation decisions individual case ( 2012 ),.
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