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    Judicial Review & Judicial Precedent: Wilson vs. Layne

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    Del Carmen, R. V. (2004). Criminal procedures: Law and practice (6th ed.). Belmont, CA: Wadsworth/Thomson Learning.

    ?Resources: Criminal Procedures: Law and Practice; Web site:

    ?Review Criminal Procedures: Law and Practice, p. 12.

    ?Review Wilson v. Layne, Deputy United States Marshal (1999) found at Web site:
    http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=98-83. To
    enter the FindLaw site, you will need to create a login using an email address and a password. Simply click on one of the FindLaw links below to enter the site. You will be prompted to either enter your login information or to create a new account. Click Create a New Account. Then, complete all required information. This will give you access to all of the FindLaw materials.

    Which elements of this case fall under judicial review and judicial precedent?
    Please see attachment - Wilson v Layne

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    Solution Preview

    Dear Student,
    It is helpful to review the added web references I have listed to get a simpler understanding of judicial review & precedent. Your textbooks are helpful as well. Good luck!

    OTA 105878

    Judicial review & Precedent: Wilson Petition

    Judicial review is that capacity of the judiciary to negate/invalidate/annul the acts of the executive/legislative bodies of the government if they are found incompatible with the 'higher norm' in accordance with accepted moral/legal & judicial ethics & responsibility. In a way it is the separation of powers functioning in today's modern criminal Justice & Governance system. It also shows the hierarchy of governance & the provided check & balances - the Judiciary in the end will always have the final 'say' in matters that envelope the nation when legalities & rule of law are concerned. Judicial precedent on the other hand is that 'breakthrough' case that establishes the 'law' & 'opinion' on a particular legal matter that have not yet been or was confronted by the criminal justice system - it becomes a basis or a principle for future similar cases in terms of decisions given.

    As the case of WILSON et al. v. LAYNE, DEPUTY UNITED STATES MARSHAL, et al. presented, the case has had no precedent. Prior to the Wilson's petition,

    "...contending that the officers' actions in bringing the media to observe and record the attempted execution of the arrest warrant violated their ...

    Solution Summary

    The solution reviews the case of Wilson Vs. Layne (1999) to determine the elements of the case that fall under judicial review and judicial precedent. The solution is comprehensive as well as concise and is written in APA format. Attached is a word version.