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). Failing to live…...
criminal case, People v. Herbert. The key issue highlighted in this paper will be causation.
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 is…...
(1994). U.S. Law, Case Law, Codes, Statutes & Regulations:: Justia Law. People v. Hebert:::: California Court of Appeal Decisions:: California Case Law:: California Law:: U.S. Law:: Justia. Retrieved September 25, 2015, from http://law.justia.com/cases/california/court-of-appeal/2d/228/514.html
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 profiles obtained…...
" 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 Zain committed…...
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References
Burges, Audrey J. "Patterson v. Commonwealth: An Illustration of the Legal Complexity of DNA Databases." The Richmond Journal of Law and Technology. (Volume IX, Issue 2). Winter 2002-2003. Retrieved February 6, 2008 at http://law.richmond.edu/jolt/v9i2/note2.html#I.%20INTRODUCTION
The Columbia World of Quotations. (1996). New York: Columbia University Press. Retrieved February 6, 2008 from: www.bartleby.com/66 / www.questiaschool.com/PM.qst?a=o&d=5002075102
The Fingerprint Controversy. (2004, Wntr). Issues in Science and Technology, 20, 9+. Retrieved February 6, 2008, from Questia database:
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 Evidence not…...
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Works Cited
County Texas. Motion to Inspect, Examine, and Independently Test Physical Evidence. District Court Texas 2012.
Dabesu, Kaysay, and Eshetu, Adualem. Evidence law in civil and criminal cases. Abyssinia Law Report. 2012.
Walston-Dunham, Beth. Introduction to law. Clifton Park, NY: Delmar Cengage Learning, 2012. Print.
Criminal Justice
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 group "adverse…...
"Criminal Justice System - Structural and Theoretical Components of Criminal Justice Systems, The Systems in Operation, The importance of Viewing Criminal Justice as a System." Retrieved from Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System
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 the judgments and court…...
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 first degree…...
Criminal Justice
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) (439).
The apparent…...
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Felson, R. et. al. (August 2002). Reasons for reporting and not reporting domestic violence to the police. Criminology, Vol. 40, Issue 3.
Felson et. al.'s research utilized the National Crime Victimization Survey as its primary instrument in determining, assessing, and measuring the factors that lead to reporting (or not reporting) incidences of domestic violence. Survey findings show that there are three primary factors that are significantly relevant in inhibiting victims to reporting domestic violence to the police: "the desire for privacy, the desire to protect the offender ... And fear of reprisal."
The NCVS survey findings illustrate how the prevalence and continuous occurrence of abuse and domestic violence, especially among females, is still a social problem that needs unwavering attention by the government and civil society. New findings such as hesitance of male victims to report on their victimization reflect the changing nature of domestic violence in American society. In the same way that females need protection through the dissemination of proper and useful information about domestic violence, males are also in need of protection as well. Another important implication of the study is the changing nature of the respondents' (victims) concept of domestic violence, which varies significantly across gender.
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…...
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.
Arraignment
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done within reasonable time…...
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 to incriminate…...
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References
Feldman v. United States, 322 U.S. 487 (1944)
Malloy v. Hogan, 378 U.S. 1 (1964)
Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
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 (Miller…...
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Bibliography
Bean, Philip. (1996, October). "America's Drug Courts: A New Development in Criminal Justice." Criminal Law Review. 720-740.
A scholarly review of the American drug court by a British attorney.
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…...
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References
General Books LLC (2010). 1963 in United States Case Law: Arizona V. California, Brady V. Maryland, Silver V. New York Stock Exchange, Florida Lime. General Books LLC.
Hess, K. M., & Orthmann, C. H. (2009). Criminal Investigation: Cengage Learning.
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).
The trail
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 make…...
1. The history and significance of Miranda Rights in the United States 2. The impact of Miranda Rights on law enforcement practices 3. The evolution of Miranda Rights in Supreme Court decisions 4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights 5. The implications of Miranda Rights on the criminal justice system 6. The role of Miranda Rights in ensuring a fair trial for suspects 7. The challenges and limitations of Miranda Rights in practice 8. The relationship between Miranda Rights and the right to remain silent 9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques 10. The....
Certainly! Here are some essay topics related to Criminal Investigations:
1. The role of evidence in criminal investigations: How is evidence collected and analyzed in criminal investigations, and what impact does it have on the outcome of a case?
2. The use of technology in criminal investigations: How have advancements in technology improved the process of investigating and solving crimes? What are the potential risks and ethical considerations associated with using technology in criminal investigations?
3. The challenges of conducting criminal investigations in a digital world: How has the prevalence of digital technology, such as social media and smartphones, affected the methods and....
1. The Role of Revenge in Shaping Criminal Behavior 2. The Ethics of Seeking Revenge in the Criminal Justice System 3. The Psychological Impact of Holding onto Revenge in Criminal Cases 4. Revenge as a Motivating Factor in Criminal Acts 5. Exploring Revenge as a Theme in Literature and Film about Crime 6. Revenge and its Effects on Social Relationships and Community Dynamics 7. The Enduring Appeal of Revenge as a Narrative Device in Crime Stories 8. Revenge as a Form of Justice in the Eyes of the Victimized 9. The Cycle of Violence and Revenge in Criminal Acts 10. The Consequences of Seeking Revenge in Cases of Crime....
UK: - Forensic science is used extensively in the UK criminal justice system to investigate crimes and gather evidence for court proceedings. - The Forensic Science Regulator oversees the quality and standards of forensic science practices in the UK. - The UK has a network of forensic science laboratories that provide services to law enforcement agencies and the courts. - Forensic evidence is often used in UK courts to establish the guilt or innocence of suspects in criminal cases. - The UK has a strong emphasis on training and accreditation for forensic scientists to ensure the....
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