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Essay / Research Paper Abstract
3 pages in length. Martin Rudy has been charged with Minor in Possession (M.I.P.), a charge that brings with it a citation written by a police officer for the infraction of being under legal drinking age and getting caught with alcohol in his possession, ownership or control. However, the burden of proof rests with the law enforcement officer to prove beyond a reasonable doubt that said alcohol was truly in Martin's possession, control or ownership. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: LM1_TLCMinorPos.rtf
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Unformatted sample text from the term paper:
alcohol in his possession, ownership or control. However, the burden of proof rests with the law enforcement officer to prove beyond a reasonable doubt that said alcohol was truly
in Martins possession, control or ownership, which is typically not a difficult burden to prove inasmuch as the risk of receiving an M.I.P. citation exists anytime a minor patronizes a
party, nightclub "or when they are in a vehicle where alcohol is present" (Student Conflict Resolution Services, 2005). In this case, however, Martin was not actually drinking any alcohol
but instead was merely holding it for his brother - who is of legal drinking age - while he went inside the store to purchase cigarettes. Unfortunately, the law
does not make a distinction between consumption and possession; if the alcohol is found on the person, he is cited for M.I.P. "A minor can be in the proximity
of alcohol which belongs to another person, but cannot touch, hold in his/her hand, transport, attempt to purchase, consume, or have any contact with it" (Student Conflict Resolution Services, 2005).
Had Martin been in virtually any other state, this infraction would have stuck; however, he committed said violation in the state of Texas, which, according to Texas Alcoholic Beverage
Code, Sec. 106.05, allows him the freedom to possess - and even drink - alcohol as a minor if he is in the "visible presence of his adult (over the
age of 21 years) parent, guardian, spouse, or other adult to whom he has been committed by a court" (Student Conflict Resolution Services, 2005). Inasmuch as Martin was in
the presence of his twenty-two-year-old brother, he cannot be charged with M.I.P., and the officer must rescind the citation. Had he been in any other state where such legal protection
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