Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Defendants and Victims
A crime resulting in the death or severe injury to the victim can have a profound impact on a spouse, children, co-workers, Christian brothers and sisters, and the community. Some contend that the focus is too often on the troubled past of the defendant and not the devastating impact on the victim in such cases. The objective of this study is to assume that the writer is on a committee that will limit the information that may be presented at trial regarding the defendant's past and the impact of the victim's injuries/death. Two rules will be proposed, one dealing with the defendant with one dealing with the victim. A scriptural and scholarly basis for each will be provided.
Character Evidence
According to Rule 404,. Character Evidence, Crimes, or Other Acts published in the Federal Rules of Evidence and reported by the Legal Information Institute it is...
There are exceptions for a defendant or victim in a criminal case including:
(1) The defendant is permitted to offer evidence on the defendant's trait with the admitted evidence being such that may be rebutted by the prosecutor.
(2) In alignment with Rule 412 limitations, the defendant is permitted to offer evidence of the right of the alleged victim and upon admission of the evidence, the prosecutor may choose to rebut the evidence.
(3) In the situation of a homicide case, the prosecutor is permitted to offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the first aggressor was the victim. (Legal Information Institute,…
Works Cited
Rule 404. Character Evidence; Crimes or Other Acts. (2013) Federal Rules of Evidence. Legal Information Institute. Retrieved from: http://www.law.cornell.edu/rules/fre/rule_404
Slander or Inconvenient Truth (2013) The Wartburg Watch. Retrieved from: http://thewartburgwatch.com/2013/03/18/slander-or-an-inconvenient-truth/
Zens, J. (2007) Have You Heard . . . " The Plague of Gossip in the Body of Christ. Retrieved from: http://searchingtogether.org/articles/gossip.htm
In other words, there is a preoccupation with repeat offenders and the first time offenders seem to get less severe penalties. As crime levels continue to rise although the media tends to report the opposite, citizens seem more dedicated to getting even first time offenders off of the streets. References Carlsmith, Kevin J., Darley, John M., & Robinson, Paul H. (2002). Why Do We Punish? Deterrence and Just Deserts as Motives
Crime Scene Evidence Laying the Foundation for Crime Scene Evidence In recent decades, significant advances in forensic technology and communications have revolutionized the art of collecting, sharing and using evidence to prosecute and convict accused criminals. These advances definitely make it easier for law enforcement (police and prosecutors) to put criminals away, but this not at the expense of the accused's constitutional rights to a fair trial. Therefore, courts have established different
Similarly, Green (2000) cites the reclassification of rape as a crime against the person as a good example of changing social views about acceptable behaviors and the consequences of unacceptable behaviors that involve violence. According to Green: For example, the fact that rape is now generally classified as a crime against the person rather than as a morals offense (as was once common) is indicative of the evolution in society's
A misdemeanor is punishable up to a year in a country jail (Cooley). In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat
Government The Trafficking Victims Protection Reauthorization Act Final Project / Dissertation Degree: Juris Doctorate Specialized Major: Specialization: Constitutional Law Full Address: The Trafficking Victims Protection Reauthorization Act This paper reviews the rights and protection that a state and federal government official provides to citizens that have been the subject of human trafficking crimes. Citizens need the protection of the police and other law enforcement officials to report human trafficking crimes and to protect and assist those that need
In extreme cases whole legitimate economic sectors are dislocated by commerce based on illegal activities, subverting loyalties from the nation-state and habituating individuals to operating outside the legal framework; 3) Degrade environmental systems through evasion of environmental safeguards and regulations; 4) Destabilize strategically important nations and hinder the progress of so-called economies in transition and developing economies and otherwise interfere with a nation's foreign policy goals and the international system; and