Criminal Justice System: Criminal Cases and Civil Cases
Civil and Criminal Liability
Civil cases are private disputes arising between individuals following violations of legal responsibilities owed to each other. Criminal cases, on the other hand, involve wrongs committed against the state, and which are regarded as harmful to society as a whole, as opposed to a single individual. This text compares civil and criminal cases with the aim of identifying differences and similarities, as well as the role played by either in the administration of justice.
Parties Involved: a civil case begins when an aggrieved party (plaintiff) brings suit against another party (defendant) for failing to honor a legal responsibility owed to him/her. In this scenario, the case is filed at the state or federal court by the wronged party, and both the defendant and the plaintiff are referred to as 'litigants' or 'parties to the suit' (Find Law, 2014).…… [Read More]
DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science
This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole.
DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. Crime scene evidence can also be linked to other crime scenes through the use of DNA databases. DNA evidence is generally linked to DNA offender profiles through DNA databases. In the late 1980's, the federal government laid the groundwork for a system of national, state, and local DNA databases for the storage and exchange of DNA profiles. This system, called the Combined DNA Index System (CODIS), maintains DNA…… [Read More]
" Giannelli (2003) stresses that advantages and reliability of scientific and technical evidence depend on whether a scientific culture exists. For reliability of DNA and other scientific evidence, there have to be sufficient written protocols and "an empirical basis for the most basic procedures." (Giannelli, 2003)
Barry Scheck, Peter Neufeld, and Jim Dwyer (cited by Giannelli, 2003) conclude that their investigations revealed that a third of the criminal convictions of 62 men, later exonerated by DNA evidence cases, involved "tainted or fraudulent science." In some instances, the fault could be contributed to rogue experts. The greater problem, albeit, stems from a greater problem, the forensics profession, an environment where misconduct may sometimes thrive. Forensic science needs more science, Giannelli (2003) stresses.
On an individual level, one of the most notorious cases involved Fred Zain, the chief serologist of the West Virginia State Police Crime Laboratory. A judicial report found that…… [Read More]
criminal case, People v. Herbert. The key issue highlighted in this paper will be causation.
For instance, a bothersome but often disregarded enigma outlines modern sociological clarifications of causation of crime. While a number of sociologists explain crime as though it were uncontrollable or abnormal and therefore, "strange" behavior, a majority of them concurrently agree to the famous statement by Durkheim, describing crime as behavior that is "normal." An analysis of the Durkheimian crime causation theory proves it to be fraught with numerous significant logical weaknesses (Cohen and Machalek, 1994). Ironically, in spite of the theoretician being known to promulgate an essentially sociological view of crime, he ultimately turns to individual features, instead of social facts, for determining the underlying reason for crime. The present-day evolutionary game theory (EGT) offers a different explanation of crime's normalcy, while steering clear of the deficits suffered by the traditional Durkheimian model. EGT…… [Read More]
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…… [Read More]
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.
Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular…… [Read More]
Criminal Justice Career
How will this new terminology and knowledge apply to a career in criminal justice?
Criminal justice is seen as the practices, system and the concerned government institutions that are focused on implementing social control, participating in crime mitigation and sanctioning the law violator by imposing penalties and rehabilitation programs. It covers the private sector, the pubic sector, NGOs, state and the local governments as well (Oregon Laws, 2007). To handle effectively such a wide spectrum of departments with professionals without a chance foe making the wrong interpretation of the law once needs to be well equipped with the legal terms.
How can not knowing the proper terminology affect you as you conduct criminal justice research?
When one lacks the proper terminology in the criminal justice, this can be a fundamental barrier in the execution of duty and definition of the offences committed as well as interpretation of…… [Read More]
The unique circumstances indicate that this event is an isolated one and that absent the abuse the offender is not likely to repeat the behavior. However, the seriousness of the crime, that is, a homicide, demands that the offender be treated firmly. The homicide is certainly understandable under the facts of the case but not necessarily justifiable. The discretion of the judge will determine to what extent the extenuating circumstances will affect the offenders sentencing.
A recommendation short of incarceration must include some form of intensive supervision for a period of time to ensure that the offender is as he appears to be, that is, a non-violent offender (U.S. Department of Justice, 1997). Such supervision should also include a period of counseling to ensure that the offender can effectively deal with any residual guilt arising from the homicide and the years of intensive abuse. Specific recommendations to this effect should…… [Read More]
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of…… [Read More]
Criminal Justice Theory and the Los Angeles County Probation Department
Criminal and antisocial behaviors have been studied in the field of criminology for many years. Criminologists are very interested to learn what types of things cause specific criminal and antisocial behaviors. hile criminal behavior and antisocial behavior are not always related, they often have close ties. Criminologists and other researchers are looking to find commonalities between certain genetic makeups and deviant behavior. They believe that many people are genetically predisposed to be violent, and if these people can be located they can be treated.
That does not mean that criminologists are in favor of testing everyone's genetic makeup on the planet to see if any of them show violent tendencies. hat they are interested in doing, however, is studying criminals who already have a history of violent and deviant behavior to see what other traits they have, and what their…… [Read More]
Tyrell "Tank" Williams; South Bronx, New York City
When asked why people call him Tank, Tyrell Benjamin Williams responded, "because I'm huge and you can't stop me." This attitude is clearly represented in Mr. Williams' lifestyle of street crime and drug dealing. Tyrell was born in the Stuyvesant district of Brooklyn, New York on a cold morning in January of 1984. He spent his very early years in a traditional family in this relatively pleasant neighborhood. Though on the eve of Williams' entry into kindergarten, his father informed his mother than he had found another woman and he was moving out. Tyrell recalls this as one of the most traumatic experiences of his young life. He remembers looking up to his father and wanting to make him proud. When asked about his feelings directly regarding this experience Mr. Williams said he was "heartbroken."
After the separation of his…… [Read More]
At the same time, there is a different element introduced in the pursuit of forensic science that is not dealt with in other branches of scientific inquiry. As the question of justice is also central to any forensic proceeding, the suspect's account of events and/or hypothesized explanations for observations must also be taken account (Young 2009). In this way, both verification and falsification can be used during experimentation.
Before these experiments take place, however, the predictions must lay out a way to clearly identify the expectations of the experiments, as well as a way the methods by which they should be conducted. Several predictions can usually be made rather quickly after the hypothesis that are fully testable and easily determined. Based on hairs found at the crime scene, for instance, it could be predicted that skin found under the victim's fingernails was of the same DNA as the on-matching hairs…… [Read More]
aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…… [Read More]
(oach, 1999, p. 15) Equality is very much a part of the "due process" model and it seeks equal treatment for each individual, for instance, the right to be represented by an attorney. When one's economic circumstances mean that they cannot afford a lawyer, in accordance with the principles of the "due process" model, American courts will provide an attorney for the defense.
As previously stated, the current American criminal justice system is so overloaded with cases that it is near the point of collapse. Those working in the system must incorporate the "crime control" model of criminal justice simply to keep up with the numbers involved. While the criminal justice system in the United States is based upon the idea that every person is innocent until proven guilty, the criminal justice system must accept the principles of the "crime control" model that the police investigators and other members of…… [Read More]
Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice.
This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…… [Read More]
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.
Creation of Laws in the United States:
Most of the…… [Read More]
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.
In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…… [Read More]
Criminal Justice System
The civilized society is one that is founded on laws and values where each member of society thereto should abide by and adhere to. Any breach or non-conformance to said statutes and principles will be met with corresponding sanctions and more particularly in cases that are criminal in nature. Thus, the criminal justice system is the law enforcement mechanism that involves the investigation, arrest, prosecution, defense, all the way to sentencing and commitment to the penal institution for those accused of, suspected or charged with criminal offenses. Despite the raison d'etre of the criminal justice system existing to protect the members of society, the system is far from perfect and there are several issues that continually needed to be addressed. These issues vary such as the disparity between the types of defense the rich and the poor accused can avail of where the former can seek the…… [Read More]
For Possible Outcome 2, two groups in a population have been subjected to different treatments. One group served as the control group and was not given the opportunity to engage in an educational program that featured the study of human rights violations. However, the group was given course credit for watching a series of films on nature. he second group watched films that dealt with the Holocaust, Darfur, Rwanda, and the famines in eastern Africa. he groups randomly selected from the prison population, but were not randomly selected for the groups. Both groups had been in the prison facility an average of five years. Both groups were surveyed before watching any films, following each film and at the completion of the courses to measure the effect of the film on the subjects' empathy scores using standardized instruments. Mean scores of empathy ratings were charted below, with the blue…… [Read More]
Criminal Justice System
Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.
Defining extrajudicial executions and deaths in detentions:
Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…… [Read More]
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…… [Read More]
This new reformulation of the insanity defense, a kind of a fusion of the earlier M'Naghten and Durham tests, was intended to be a less constrictive version of the right-wrong and irresistible impulse tests. Today, "most states in the union allow this 'right-wrong' test and some states also allow defendants to argue that that they understood their behavior was criminal but were unable to control it. This is sometimes called the irresistible impulse defense" (Martin 1998).
Insanity defenses are controversial amongst the public, just like M'Naghten's acquittal. Yet despite the perception the defense is misused, "less than one percent of defendants plead insanity and, of them, only a quarter win acquittals" (Martin 1998). The majority of defendants acquitted by reason of insanity suffer from schizophrenia or some other mental illness (Martin 1998). To be criminally committed to a state mental institution is not a 'gift.' In almost all cases, a…… [Read More]
Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
Title and Citation: Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the New Jersey State Supreme Court, which held that petitioners subpoenaed to testify at a hearing on the state level -- petitioners who had been immunized against prosecution on the state level -- were indeed in contempt of court for refusing to testify on the grounds that doing so would provide self-incriminating evidence which could be used against them on the federal level.
Facts of the Case: The petitioners had been subpoenaed to testify during a hearing overseen by the Waterfront Commission of New York Harbor, one which focused on a work stoppage at the piers in Hoboken, New Jersey. Petitioners refused to answer several questions during this hearing on the grounds that doing so may tend…… [Read More]
Criminal and Civil Law
A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" (alston-Dunham, 99) because of the deaths. The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.
The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings.
"Reason Same Standard of…… [Read More]
Drug Courts: A Program to Reinvent Justice for Addicts
For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community (Drug Strategies, 1996). eyond the troubling ability of these problems to fill prisons to capacity, the traditional judicial system seemed to have no deterrent effect on these crimes (Drug and Crime Facts, 1994). A disturbing "revolving door" pattern had emerged, with drug offenders moving through the system in a predictable pattern of arrest, prosecution, conviction, incarceration, and release. In a few weeks, sometimes only a few days, the same person was back in the system again, arrested for drug possession or a drug-related crime (National Association of Drug Court Professionals [NADCP], 1997). A particularly difficult problem faced by the system was the growing use of crack cocaine in the 1980s…… [Read More]
De minimus communication refers to occasional communication between defendants and jurors that would have no impact on the outcome of the case. Minimal communication like a hello or giving directions would not influence the case in anyway and this is allowed within the American legal system (Hess & Orthmann, 2009). This allows the defendants to not seem aloof or unfriendly to the jurors. Minimal communication is permissible and is at times unavoidable, and this rule ensures that one can have slight interactions with the jurors without it affecting their case. Unauthorized communication can affect the trial and result in a mistrial, but the law has recognized that it is not possible to avoid all contact especially with the jurors. This would ensure that greeting a juror or giving them directions does not result in a mistrial.
The discovery process is a formal process of exchanging information amongst the parties regarding…… [Read More]
Globlal Organized Crime, ISIS and Criminal Justice
The impact of globalization has not just been felt around the planet in economic, political and social terms: it has also been felt in the sector of criminology. The current crimes and criminal issues that impact the criminal justice system on a global basis are, in other words, not as isolated or unconnected as they were a century ago. Today's world is connected in complex ways, especially thanks to the ease of communication that the digital era has provided. In places where the digital divide exists, crimes and criminal issues are more unique and remote (examples include genocide, such as that conducted by Boko Haram for instance in Africa). But in countries where there is no digital divide, the crimes and criminal issues that impact the criminal justice system range from counterfeiting to human trafficking to various forms of cyber crime and terrorist-related…… [Read More]
Ethical Dilemmas In Criminal Justice
Ethical dilemmas permeate almost all organizations globally. Members of an organization often find themselves in challenging situations that require the adoption of the most effective solution that meet the needs of the conflicting parties or situations. One of the organizations that often face the challenge of ethical dilemmas is the criminal justice organization. The criminal justice organizations have been known to perform activities that ensure safety of the population. Most of the ethical dilemmas focus on decisions that organizations can adopt with the aim of fostering the safety of the victims, convict, and the society. Significant evidence shows that ethics play a significant role in an organization. It ensures the recognition of the rights and freedom of the individual alongside prioritizing the safety of individuals in the society (oberson & Mire, 2010).
Therefore, this research paper analyzes different ethical issues that face the…… [Read More]
rown, in her biographic article for World of Forensic Science, states,
She views investigative criminal profiling as a dynamic process that does not conclude until a suspect is arrested and convicted. She deems it a support process for the criminal investigative team, made up of a combination of four skills: investigation, forensic analysis, psychological assessment, and the application of cultural anthropology. rown considers this type of profiling to be a real-time, speculative process requiring ongoing checking to avoid missing any significant data, and should never be done in isolation, but rather as one piece of the entire criminal investigative process (rown, ¶4).
rown works 'pro bono' on several cold case file crimes, trying to be closure for the family.
The profilers use a variety of known characteristics to start the profile. The years of research done by early profilers such as Douglas has enabled the profilers to obtain clearer pictures…… [Read More]
The criminal association principle suggests that being socialized to regard crime as acceptable or to admire criminals plays a role in the choices made in that regard. The fact that Pistone and Napolitano were actually raised in very similar circumstances where each had the same type of exposure to organized crime families illustrates that rational choice is more important than criminal association because Pistone made the conscious choice to become a federal agent rather than one of the criminals who controlled his childhood neighborhood (Macionis, 2003; chmalleger, 2008).
The segment of the criminal justice system portrayed by Episode 71 is criminal investigations and the operations of the criminal justice system. Fisher was allowed to plea bargain the charges of attempted murder despite the fact that she deliberately shot the wife of her lover in the head in the attempt to murder her. The episode suggests that her age was a…… [Read More]
In that regard, sentences imposed for crack cocaine are so much harsher that approximately 100 times as much powdered cocaine is required to approach the sentences imposed in connection with crack cocaine offenses. This issue is particularly relevant to the disparity inherent in mandatory sentencing and arbitrariness in sentencing, especially since dealers in powdered cocaine are much more likely higher up on the supply chain than distributors of crack cocaine (USSC, 2007).
The issues concerning provisions of the U.S.A. PATIOT Act pertain to establishing sentences for crimes established and defined by the ACT, such as narco- terrorism, smuggling munitions or military equipment without a license for transport, mining U.S. waters, and interfering with maritime navigation equipment (USSC, 2007).
The Adam Walsh Child Protection and Safety Act of 2006 requires sex offenders to register and imposes criminal penalties for failure to comply. The current federal sentencing issues authorize increasing sentences for…… [Read More]
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…… [Read More]
Murder and rape are both legal terms that are used in contemporary society to describe the social construct of crime. Murder is a homicidal act resulting in death that is not permitted by the laws within society. Therefore, shooting a man to death as a lawful soldier engaged in a warranted military conflict with another country's group of soldiers is not considered murder. The same action between country members when there is no martial conflict, however, is considered murder. ape consists of unpermitted sexual acts that have not been condoned by one of the parties. In most instances men rape women and other men, although women have been known to rape men as well.
Evolutionary theory accounts for murder by positing it as a conflict of interests between two parties that is resolved violently (Dal and Wilson, 1997, p. 53). Moreover, this theory considers the fact that most crimes are…… [Read More]
The Criminal Type
What do you think of when someone talks to you about the 'criminal type'? Is there a specific 'type' of person that can be construed 'criminal?' According to Jessica Mitford, "Americans are preoccupied with crimes of the poor and as such the 'criminal type' has surfaced in American consciousness as a social creation." This paper is going to examine the concept of 'criminal types' and argues that anybody has the potential to be a criminal under certain definitions. We will also examine the concept of 'American ias' towards certain racial and socio-economic groups within the American justice system.
The word 'criminal' according to the Oxford Modern English Dictionary (1996) is "a person who has committed a crime." A crime, in the same dictionary is defined as, "a serious offence punishable by law" (Oxford, 1996). So it would be safe to assume from these definitions that…… [Read More]
This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return…… [Read More]
Richard Allen, the state's prisons commissioner, said ednesday the change is meant to reduce overtime, and should save the state $3 million to $4 million a year. 'e don't have any choice about it,' Allen said. 'e've got to save money. e've got to do some things that are out of the box, and this is one of them'" (Diel 2008). Corrections officers have naturally protested this measure, citing the dangers of the job and the impact upon the quality of their health and financial lives.
Alabama is not alone. In Florida budget cutbacks were blamed recently when "A Florida correctional officer was killed on the job last week" (Ray 2008). Even though corrections officer positions have not been eliminated in the state of Florida, an expanding prison population coupled with a refusal to add more positions have lead to understaffed prisons and overworked, tired officers. In other states, cutbacks…… [Read More]
Officers simply enter information on these cases and the program attempts to make possible connections to other entered data. (FI).
Clearly this program increases understanding of criminal typologies because it allows a law enforcement agency to find patterns in behavior across numerous jurisdictions. More so, it is an easy and efficient method of tracking criminals, including sex offenders, especially in cases that have gone unsolved for numerous years.
Modus Operandi Database
Modus Operandi, which means, "mode of operation" is used to describe a criminal's characteristic patterns and style of going about their criminal acts. It is often used in offender profiling as tracking the modus operandi often leads to clues involving the offender's psychology. A modus operandi database merely collects and organizes information on modus operandi, allowing law enforcement agencies to make connections to other agency information.
Such database programs clearly allows law enforcement agencies to increase their understanding of…… [Read More]
The stigmatization of African-Americans has caused terrible harm in many areas, and only exacerbates the perceived "problem."
T]hirty years of forced removal to prison of 150,000 young males from particular communities of New York represents collective losses similar in scale to the losses due to epidemics, wars, and terrorist attacks -- with the potential for comparable effects on the survivors and the social structure of their families and communities. (oberts, 2004)
By destroying African-American communities and social networks on a massive scale, law enforcement officials are contributing to the very problems they purport to be fighting.
The mass imprisonment of African-Americans further spreads and entrenches the notion that African-Americans are somehow incapable of conforming to the larger society's rules and regulations. The more common the prison experience becomes in African-American life, the more normative it becomes in both African-American and majority White culture. oberts underlines the terrible effects of this…… [Read More]
The reduction occurs through allowing the counties to acquire other methods of jailing apart from the prisons. This includes out-of custody rehabilitative treatments, which could serve in reducing the number of the criminals taken to the prisons. However, the AB109 criminals must be individuals whose crime are not violent and not that serious as provided by the law. This means that that jailing of the A109 criminals in other alternative would involve selection from the other criminals. However the unstated implication is that it would be much difficult to rate a crime as either more serious or not serious. Consequently, the rationale provides higher chances of biasness of selecting some non-serious cases while leaving others.
Implication of the policy
The criminal justice implication of the policy will mainly affect the non-violent arrestees. The decision of keeping them in custody, would affect their ability to avoid recividism future. The social implications…… [Read More]
Under the stewardship of Police Commissioner Howard Safir, the NYPD began analyzing daily crime statistics collected from its 40,000 officers throughout the five boroughs of New York City and generating computer modeling of crime trends in a system dubbed CompStat that allowed the accurate identification of crime trends with pinpoint accuracy, often permitting nearly as precise predictive modeling via extrapolation (Safir, 2003).
The other main benefit and purpose of CompStat was that is enabled police administrators to grade the performance of every precinct according to any criteria defined by policy considerations. That aspect of CompStat is relied upon heavily by NYPD administration to the extent that Commissioner Safir reassigned, removed, or demoted fifty-four precinct commanders during his tenure as commissioner between 1996 and 2000 (Safir, 2003). Naturally, the technical means of data collection and analysis techniques differ quite profoundly from those available to previous generations of police administrators, but the…… [Read More]
Criminal Identification Procedures
The dawn of the twenty-first century has become the era of George Orwell's "1984." Technology that was found only in science fiction a few decades ago, is part of today's standards and procedures.
The world today is filled with cameras that can film an individual wherever he goes, his cell phone signal can pinpoint his location, and even one glance can reveal his true identity (Shenk 2003). Iris-recognition technology, soon to be common in places such as airports, offices, and banks, will simply scan an individual's eyes to reveal his idenity (Shenk 2003). Many feel that in this post-9/11 landscape, there is a serious need for these high-tech tools to help detect money laundering, encrypted e-mails, bio-weapons, and suitcase nukes (Shenk 2003).
Poseidon, a new electronic surveillance system, is a network of cameras that feeds a computer programmed to use a set of complex mathematical algorithms to…… [Read More]
These methods of informal deterrence would help to prevent Bobby's criminal behavior.
Since he already committed the crime, Bobby would certainly need to be punished. However, Beccaria strongly argued that punishment must not be cruel, and must fit the crime. Clearly, Bobby never intended to hurt the homeowner; he broke into the home when he knew she would not be there.
Depending on the amount of property stolen, Bobby would have to pay the consequences. If this is his first offense, Bobby could be sentenced to a public form of community service, such as picking up trash by the roadside. He would also have to regularly report to a counselor. Parents could impose a strict curfew. This mixture of informal and formal methods of deterrence would help to stop Bobby from engaging in more criminal behavior.
Beccaria, Cesare. 1963. On Crimes and Punishment.…… [Read More]
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.
The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.
Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme . (1998, Dec…… [Read More]
2. According to Merton's strain theory, who should commit more crime males or females? What is true in reality?
According to Merton's original strain theory, the primary source of strain in modern society relates to financial success and social status (Agnew & rezina 1997).
As the theory goes, males are more likely to succumb to the negative influences of strains simply because financial success and social status are more commonly considered to be within the realm of social expectations of males. Later theorists have suggested that Merton's strain theory focused too narrowly on socioeconomic factors because strain consists of many more elements, including those that pertain more to females. Generally, males do commit more crime than females (Ogle, et al. 1995), but this is less a function of strain theory, necessarily, than the fact that myriad other influences that lie wholly outside the realm of principles related to strain theory…… [Read More]
There should also be refresher courses given every year so that officers do not forget about their ethical responsibilities. t is important in the police arena that ethical behavior is top priority and that everyone is as ethical as they can be.
Web Field Trip
Tonry, M. (1997). ntermediate Sanctions in Sentencing Guidelines. Retrieved from https://www.ncjrs.gov/pdffiles/165043.pdf
The article ntermediate Sanctions in Sentencing Guidelines is a very comprehensive guide to what intermediate sanctions are and how they can be incorporated into sentencing guidelines. This article defines what intermediate sanctions are and how they can be used in sentencing guidelines in order to help those offenders who may not otherwise benefit from traditional sentencing practices. The guide also discusses the problems that can occur when implementing these types of sanctions and what can be done to try and avoid the issues that can occur. The overall gist of the article is to…… [Read More]
As an alternative, on the foundation of information obtained from confidential informants, the government petitioned the district court to give permission for the placement of an electronic surveillance wire tap on Jesus Zambrana's private telephone. Information obtained over this wire tap led law enforcement officers to think that Ernest Lonzo and another unidentified person were carrying narcotics from Miami, Florida, to Jesus Zambrana's house in Gary, Indiana.
On the foundation of this wire tap information, DEA agents, with the help of police officers from Lake County, Indiana, and East Chicago, Indiana, began the surveillance of Interstate Highway I-65 in the area of Crown Point, Indian. Prior to starting the surveillance, a DEA agent met with Lake County, Indiana, police officers and gave them a list of five people suspected as being involved in the carrying of narcotics between Florida and Indiana, as well as a list of four vehicles thought…… [Read More]
Criminal Profile Detroit
The population of young professionals in Downtown Detroit is increasing by the day and so is the retail of the region. There are many luxury buildings that have been built now. The development schemes towards the side of east river are now covering many luxury condominium progresses. This has resulted in attracting many young citizens to the Downtown of the city along with the renewed New Center and Midtown areas. According to a study that was conducted in the year 2007, it was found out that the residents of new downtown of Detroit were most young professionals. This meant that 57% of these people were aged between 25 to 34, 45% of them were graduates and 34% of them had obtained a master's level degree in their profession. There has been an ever increasing desire to live close to the urban areas and therefore has resulted in…… [Read More]
Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.
Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.
(1) Is Mr. Ebersol guilty of shoplifting?
(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?
(1) Mr. Ebersol is not guilty of…… [Read More]
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…… [Read More]
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history.
According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of…… [Read More]
Choices, controlled by fear are another core principle that advocates for fear inducement that will enable individuals keep away from crime. This principle supports three strikes legislation, since with a repetition of crime it comes with a severe judgment that enables first crime offenders fear and keep away from crime. Core principle of severity calls for a severe punishment on a violent crime and depending on the nature of crime. The theory supports three strikes legislation, since a repetition of violent crime faces severe charges than the first time (Siegel, 2010).
Criminal policy proposal
Criminal justice, over the years, has faced many challenges in administering proper justice. Drug and substance abuse and mental illness are examples of disorders that need to be corrected to minimize crime rates. Criminals who prove to be mentally ill or under the influence of drug or substance should be treated different from criminals who are…… [Read More]
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general public is also much more significant than that of the police, which provides a lower level of occupational intra-organizational loyalty than might be found among police officers.
Court decisions are obliged to abide by the law. The issue is however complicated by the fact that the upreme Court is partial towards the power-wielding authority in the White House. This tends to detract from objectivity when making constitutional decisions. The issue is further complicated by the 9/11 attacks and other similar factors.
The devastating attacks during 2001 have not only influenced political power, but also the way in which this power was used to influence decisions by courts, the police, and individuals working within these…… [Read More]
However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake of maintaining cover. y understanding the often conflicting nature of these goals, deception and integrity, we can see how an undercover officer can become confused, lost, and susceptible to temptation (i.e. criminal behavior).
y examining both aspects- environmental factors and personality factors- we take into account both sides of a complex relationship. These two groups of factors, when combined together, shed some light on the exact nature of criminal tendencies amongst police officers.
Definition of Terms
Covert: another term for undercover, meaning the use of deception for the purpose of gathering information or intelligence.
Non-covert: police officers that, even in plain clothes, maintain their own true identity instead…… [Read More]
Criminal Justice in Action:
The American prison system has throughout the years developed to become home to the increasing population of the nation's criminals. The increasing population of these criminals in the American prison system is due to the fact that incarceration has always been used even in cases where alternative punishment would be adequate. Furthermore, this growing population of inmates is due to sentence disparities that include both long and short sentences. Currently, the maintenance of these criminals in American prisons is entirely drawn from the taxes that citizens pay. The American prison system has now developed to become the largest across the globe since the number of inmates increases annually. While the purpose of American prisons is to serve as a place of punishment of criminals, they have now become places of leisure. Actually, it's widely considered that inmates in American prisons are treated like guests at a…… [Read More]
In that regard, Agnew's version of strain theory no longer explains the marked difference in male and female homicide rates, simply because it downplays the importance of the types of strains described by Merton. Whereas Merton's strains were associated more with the types of failures more likely to be experienced by males, Agnew's strains included many types of strains that, at least arguably, could be said to plague females even more than males.
Merton conceived of the source of strain as predominantly a function of identity roles and social success as defined in the cultural environment; Agnew added the many other sources of potential strain that relate to expectations of the individual rather than necessarily of society (Macionis 2003). More specifically, Agnew (1992) suggested that individuals vary substantially from one another and form many elements of their ideal "role model" more autonomously: whereas some individuals (of either gender) may value…… [Read More]
hile this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the constitution may be taken away if citizens do not behave lawfully.
The implications of these amendments and the others so similarly worded are indicative of the Classical School of Criminology. Offered as an incentive, the rights encourage rational, but criminally inclined humans to make the rational choice towards the non-criminal action. Because it would be in the humans' self-interest to keep their rights, they are encouraged to choose non-criminal action. Thus, the drafting of the constitution this way suggests that the founders were relying on the Classical School of Criminology when considering human behavior, rational choice, and the desire to keep a lawful society.
Further relying on the Classical…… [Read More]
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…… [Read More]
Since ICO focuses on a pattern of behavior instead of just on the criminal acts that are involved prosecutors find it relatively easy to prove these cases. If an organization is convicted of committing two of the specified crimes within a ten-year period then they can be convicted of racketeering.
Legitimate business owners deserve to have protection from groups that wish to pursue illegal activity. The ICO Act was put into place in order to afford these legitimate businesses this protection. Since the interpretation of the ICO Act has been expanded we have also seen protections from mail fraud and wire tapping to be included in the protections that are guaranteed to the people. The ICO Act is always going to be subject to interpretation, but the protections that if gives business owners will always be seen as good.
Cecil, Greek. (1991). Is This The End of ico? Or…… [Read More]
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) have taken on a much more philosophical approach to juvenile delinquency, supporting a Confucian style structure of education and support, one that works toward educating children to become part of the larger social collective (p. 965). In this environment, children are encouraged to become more socially aware and to self-regulate, often given the opportunity to reform before they are punished for wrongdoings.
This conflicts sharply with juvenile delinquency programs and structures elsewhere in the world. In Australia, juvenile delinquency is often associated with being a member of a juvenile gang, which is defined as "youth hanging out on the streets with gang activity" or street activity that has the potential to lead to mischievous behaviors (Duffy &…… [Read More]
To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that it has become some sort of entertainment. It is mostly featured in the prime time news as a mass magnet for news corporations which are business entities and would therefore; capitalize on the expectant audience it has attracted. A large proportion of the crime reported is usually projected as individual subversions rather than socially motivated misdemeanors. It is from this perspective that criminals are feared beyond their capability without proper dissemination of the causes leaving an audience that is always pregnant with political, or sexual related crimes as a form of entertainment than a source of crime prevention issues that would go a long way in making their neighborhoods safer.
This paper will delve into the three main parts; the study…… [Read More]