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The prosecutor allowed that the crime is third-degree battery and that the homicide occurred during the battery. The mitigating circumstance in Alex King's situation was the influence that Ricky Chavez exerted over Alex, who was 12 years old at the time of this crime. Alex asserted that Mr. Chavez and he were in love and that if Mr. King were alive, he would not let Alex live with him. Alex admitted that he asked Derek to kill his father and although the crime appeared to be premeditated, the judge was unwilling to allow for first or even second-degree murder, thereby eliminating a lengthy prison sentence.
The 8th amendment to the United States Constitution protects U.S. citizens from cruel and unusual punishment. Juveniles under the age of 16 are exempt from execution due to this amendment, but may still receive the sentence of life imprisonment, as Lionel Tate did. In terms…
"Florida Boys Plead Guilty to Third-Degree Murder in Father's Slaying." Courttv.com. 2002. 6
August. 2005 http://www.courttv.com/trials/king/111402_cnn.html .
Handlin, Sam. "Fourteen-Year-old Lionel Tate Sentenced." Courttv.com. 2000. 6 August. 2005 http://www.courttv.com/trials/wrestling/030901_sentence_ctv.html .
"Offenses Commonly Seen in the Juvenile Court or Crimes with which Juveniles can be Charged." Southern Juvenile Defender Center. 2003. 6 August. 2005
Finally, a divorce attorney may be aware that it is in the client's interest to be more legally aggressive, to gain a better settlement, even if the client's temporary, overwrought emotional state runs against this tendency.
The utter prohibition against active solicitation of clients would also bar much of public interest advocacy, such as lawyers who actively seek clients to challenge laws that they believe are against the public good, like anti-abortion legislation. Public advocacy work, which might be waged in name on behalf of a client who is not the most egregiously harmed person by the legislation in actual fact would further go against the grain of Canon 14: "lawsuits with clients should be resorted to only to prevent injustice, imposition or fraud." (Johnson, 1993) Although seeing consumers defrauded by misleading advertising may not actually be an injustice, to wage such legislation may still be in the public good.…
ABA Code of Professional Responsibility: 1983." Cornell Law School. American Legal
Ethics Library. [2 Oct 2006]
Hurld, Christoper. "Untangling the Wicked Web: The Marketing of Legal Services on the Internet and the Model Rules." The Georgetown Journal of Legal Ethics.
Criminal Defense, Constitutional Rights Arrest
Constitutional Rights Before and After Arrest
Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practically guarantee that the individual is presented with a fair treatment. There has been much controversy regarding Constitutional Rights in the recent years, as people became confused concerning the rights of suspected criminals and the government's interest to protect the nation. Constitutional Amendments are basically meant to protect people before they are arrested.
Courts from around the country often deal with cases related to the level of authority that the police had to detain particular citizens. Police officers sometimes take advantage of the fact that they can stretch legal concepts with the purpose of producing justification for certain actions they commit before or after arrest.
Present-day conditions regarding Constitutional Rights are alarming, given that the authorities sometimes fail…
Bouza, Anthony V. The Police Mystique: An Insider's Look at Cops, Crime, and the Criminal Justice System (Cambridge, MA: Perseus Publishing, 1990)
Ciarelli, Sara "Pre-Arrest Silence: Minding That Gap between Fourth Amendment Stops and Fifth Amendment Custody," Journal of Criminal Law and Criminology 93.2-3 (2003)
Fridell, Ron Miranda Law: The Right to Remain Silent (New York: Marshall Cavendish Benchmark, 2006)
Gibson, John S. International Organizations, Constitutional Law, and Human Rights (New York: Praeger Publishers, 1991)
Criminal Law and Psychopathy
Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The debate on whether or not psychopaths should be held criminally responsible for their acts, and thus be subjected to criminal punishment, has been raging for a long time. On one side of the debate are legal scholars, lawmakers, and judges who are of the opinion that psychopaths have an existing predisposition to commit crimes as a result of their lack of concern or compassion of any kind for those they hurt. Psychopathy is on this front regarded as…
hen does insanity excuse criminal liability?
A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as…
Article 35 of the NY State Penal Code: Found at http://ypdcrime.com/penal.law/article35.htm .
Finkelstein, Claire. Excuses and Dispositions in Criminal Law. U. Of Buffalo. 14 Apr 2003.
Fletcher, George. Rethinking Criminal Law. 1978.
Hans, Valerie P. And Slater, Dan. "John Hinckley, Jr. And the Insanity Defense: The Public's Verdict," the Public Opinion Quarterly, Vol. 47(2). 1983.
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…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
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…
"Court Procedures." United States Courts Web Page. Retrieved from http://www.uscourts.gov/FederalCourts.aspx
"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
Kaiser, Frederick. (2003). American National Government: An Overview. CRS Report for Congress. Retrieved from http://www.fas.org/sgp/crs/RS20443.pdf
"Federal Courts." United States Courts Web Page. Retrieved from
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…
Criminal Justice. (n.d.). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil y_legal_guide/chapter_14.authcheckdam.pdf
Criminal Justice System Handbook. (2009). Retrieved from http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml
Criminal Justice Process. (n.d.). Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf
Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm
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…
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…
Criminal Law Lawyer Source. (2009). Search 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? Supreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme S. (1998, Dec 1). Moving and touching stowed or checked luggage: Fourth Amendment considerations. The FBI Law Enforcement Bulletin. http://www.encyclopedia.com/doc/1G1-53590199.html
" (Merillat, 2006). In addition, the classification system does not determine a convict's housing. As a result, convicted murderers are often exposed to other prisoners in general population, who have been convicted of non-violent offenses. For example, mass murderers Abdelkrim Belachheb and Elmer Wayne Henley were both housed in general population when they were sent to prison. (Merillat, 2006).
The reality is that when the prosecutor makes the decision to charge someone with capital murder, they do so because the murder in question has a particularly heinous aspect, which may make the defendant a future danger. Furthermore, "capital murderers can and do commit acts of violence in the penitentiary." (Merillat, 2006). In fact, Jermarr Arnold and David Gibbs both managed to commit murder while on death row. (Merillat, 2006). Furthermore, a disproportionate number of prison murders since 1999 have been committed by capital defendants serving life sentences. (Merillat, 2006). Of…
Merillat, a.P. (2006). The question of future dangerousness of capital defendants. Texas Bar
Journal, 69(8), 738-741.
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…
Brown, Pat. World of Forensic Science. Thomson Gale. 2005. HighBeam Research. 22 Jun.
Cooper, Greg. The Violent Criminal Apprehension Program. The Forensic Examiner.
American College of Forensic Examiners. 2007. HighBeam Research. 22 Jun. 2010
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…
Matthews, D. And Ruzicka, K. (2000) Proposition 21: Juvenile Crime. Capital Center for Government and Law Policy - California Initiative Review. March 2000 initiatives - Proposition 21. Pacific McGeorge School of Law. Online available at http://www.mcgeorge.edu/government_law_and_policy/california_initiative_review/march_2000/ccglp_cir_march2000_prop_21.htm .
McKim, J.B. And Rhor, Monica (2007) Justice by Geography (Orange County Register) 3 June 2007. Online available at http://dist08.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7BE917F382-8B46-4C4E-976E-64261965F209%7D&DE=%7BCA01ACE7-2B51-4E14-8DE4-3C7CC3E4DDFB%7D
Governor Scwarzenegger Endorsees Senator Feinstein's Comprehensive Gang Legislation. (2007) United States Senator Dianne Feinstein California. 20 March 2007. Online available at http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=7189577e-cc9b-d379-16f3-c9194d249b56&Region_id=&Issue_id=
Velasquez, N. (2007) L.A. City Attorney Delgadillo Establishes New Policy Regarding Gang Injunction Violations: New Policy Enables Check of Convicted Gang Injunction Violators' Residency Status. 5 April 2007. Online available at http://www.lacity.org/atty/index/attyindex56044369_04052007.pdf .
Prosecutors consider several factors. For effective prosecution to take place there should be the required selected readings, methodology and analysis of the findings of the case (Siegel 2012). A standard case set is also crucial since it is a tool used for decision making in the criminal justice system. These tools enable us to understand how prosecutors view a case and how they come up with justified decisions.
The standard case set measures the level of agreement between prosecutors. Some of the well-known factors that contribute to the decision-making process of prosecutors categorized into two main types. These are legal and extra-legal. According to Siegel (2012), legal factors include the strength of evidence, culpability of the defendant and the seriousness of the offence. If the evidence against the defendant is strong, it is likely that the court will charge and convict the defendant for the offence. This also applies with…
Hancock, B.W., & Sharp, P.M. (2004). Criminal justice in America: Theory, practice, and policy. Upper Saddle River, NJ: Prentice Hall.
Siegel, L.J., & Worrall, J.L. (2012). Essentials of criminal justice. Belmont, CA: Wadsworth, Cengage Learning.
McConville, M., & Mirsky, C.L. (2009). Jury trials and plea bargaining: A true history. Oxford [u.a.: Hart.
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…
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…
Procedure after Sentencing and Possible Appeal
After sentencing, Hernandez would be taken into custody (if not already in custody) and handed over to the custody of the Federal Corrections Department to begin her sentence. Hernandez entered her plea in the Western District of Texas (Federal Bureau of Investigation, 2010), so her appeal would go to the U.S. Court of Appeals for the 5th Circuit, which is the appellate court with jurisdiction over the Western District of Texas (United States Court of Appeals for the Fifth Circuit, 2012, p. 9).
In order for Hernandez's appeal to be granted, Hernandez would have to show that something was materially wrong procedurally or substantively in the lower court and that her plea, her sentence or something else about her case should be overturned or sent back to the lower court for further action. That covers a lot of ground and many different arguments might be successfully made to the appellate court. For two examples: Hernandez might argue that she had ineffective assistance of counsel because her attorney had her accept a plea with
Criminal Decision Making: The Elements of the Culture of the Street and Party Life and Their elation to Criminal Decision-Making
Understanding offenders' lifestyles and the process by which they choose to commit criminal acts is critical particularly because it has important implications for crime control. Very often, certain elements of the street and party life influence the offender's assessment of the risks and rewards of crime. According to Shover and Honaker (1992), commitment to drugs and partying, as well as street culture, leads to alienation of offenders from mainstream society and pushes them away from a conventional life. Over time, they adopt a socially bounded rationality and become accustomed to a criminal lifestyle to a point where they break the law as a result of addiction, rather that free will. It is, therefore, imperative to understand the role played by these lifestyles in shaping the motivation for crime because it…
Brookman, S. F (2001). Accounting for Homicide and Sublerthal Violence. In P. Cromwell & M.L. Birzer (Eds), In Their Own Words: Criminals on Crime (pp. 175-191). Madison Avenue, NY: Oxford University press.
Hochstetler, A. (2001). Opportunities and decisions: Interactional Dynamics in Robbery and Burglary Groups. In P. Cromwell & M.L. Birzer (Eds), In Their Own Words: Criminals on Crime (pp. 70-91). Madison Avenue, NY: Oxford University press.
Mullins, W.C., & Charbonneau, G.M. (2010). Establishing Connections: Gender, Motor Vehicle Theft and Disposal Networks . In P. Cromwell & M.L. Birzer (Eds), In Their Own Words: Criminals on Crime (pp. 87-112). Madison Avenue, NY: Oxford University press.
Shover, N., & Honaker, D.(1992). The Socially Bounded Decision Making of Persistent Property Offenders. In P. Cromwell & M.L. Birzer (Eds.), In Their Own Words: Criminals on Crime (pp. 35-51). Madison Avenue, NY: Oxford University press.
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 &…
Duffy, M.P. & Gillig, S. (2004). Teen gangs: A global view. Westport: Greenwood Press.
ICMBA. (2007). American Legal System. Internet Center for Management and Business
Administration, Inc. QuickMBA.com. Retrieved 22, May, 2007:
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…
Cecil, Greek. (1991). Is This The End of Rico? Or Only The Beginning: The Ongoing Debate
Over the Expanded Use of Criminal and Civil Rico. Retrieved April 20, 2009, from Web
Chapter 96 -- Racketeer Influenced and Corrupt Organizations. (2000). Retrieved April 20, 2009,
Criminal Procedure Law
This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country.
Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed…
Adlerstein, Jo Anne C. "Felony-Murder in the New Criminal Codes." Am. J. Crim. L. 4 (1975): 249. Web.
Bubany, Charles P. "Texas Penal Code of 1974, The." Sw. LJ 28 (1974): 292. Web.
HEALTH AND SAFETY CODE, § CHAPTER 481-Sec. 481.001.-Sec. 481.354. (2013). Web.
Miller, Emily L. "(Wo) manslaughter: Voluntary Manslaughter, Gender, and the Model Penal Code." Emory LJ 50 (2001): 665. Web.
The two should know better but their emotions got the best of them. In this case I would myself (or ask another person who knows the two) pull one of the two aside gently but firmly and ask that he take a deep breath and not cause commotion to the point where we all suffer. I would say, "Take a break guy, please cool your jets for a few moments because you are causing all of us to be distracted from what we are supposed to be doing here. You're forcing us to be involved and we aren't part of your problem, so please, quiet down…"
If that wouldn't work, the next step of course is to notify the supervisor or foreman that we need help -- or to follow company policy in whatever form is required in that situation.
Who are my heroes?
I don't have any "heroes" in…
Specifically, police tactical policy must outline criteria for the use of every tool and every technique authorized for use by officers.
Effective policy and procedure management also includes indirect methods of minimizing the potential need for increased levels of force. For example, a lone officer typically faces situations that allow for fewer options in force escalation, particularly where the officer is outnumbered by subjects or suspects (Pinizzotto, Davis, & Miller, 2007). Therefore, some of the simplest but most effective administrative methods of minimizing the necessary use of force include assigning officers in pairs and establishing protocols detailing response and backup procedures corresponding to specific types of tactical situations or calls for service (McCauley, 2005). Training is essential for effective UOF control in modern policing, because stress and the perception of danger naturally detracts from decision making. epeatedly exposing officer candidates and cadets to simulated tactical situations in training ensures the…
McCauley, R. (2005). "Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns." The FBI Law Enforcement Bulletin; Vol. 74
No.11. Montgomery, D. (2005). "Perspective: Excessive Force 101." The FBI Law Enforcement Bulletin; Vol. 74 No.8. Pinizzotto, a., Davis, E, Miller, C. (2007). "The Deadly Mix: Officers, Offender, and the Circumstances that Bring them Together." The FBI Law Enforcement Bulletin;Vol. 76 No.1. Schmalleger, F. (2008). Criminal Justice: Introductory Text for the 21st Century.
Princeton, NJ: Pearson.
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…
American Law Library (2009). Racial profiling: should police practice racial profiling?
Vol.8, American Encyclopedia: Net Industries. Retrieved on March 29, 2013
Banks, C (2004), Racial Discrimination in the Criminal Justice System. Chapter 3. Sage
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…
Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School
Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.
UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at: http://www.altlaw.org/v1/cases/557484
The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
McCauley, R. (2005). Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; the FBI Law Enforcement Journal. Vol. 74 No.11. Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.
But there more to the personal side for Duke Cunningham, for doling out contracts was more than a matter of choosing the most qualified and lowest priced as mandated by federal rules. It was also a matter of choosing the contractor that could provide the most for him. The white collar criminal always looks to personal advantage. Lobbyists, like the now-convicted Mitchell Wade, helped steer paying clients to Cunningham. In exchange for a $21 million dollar contract from the Department of Homeland Security, a limousine company also furnished personal services to the Congressman, including the transport of "escorts" for Cunningham's personal pleasure. (ozen, 2006)
Cunningham also pleaded guilty to accepting $2.4 million dollars in bribes from actual defense contractors. The congressman actively sought out contacts in the defense world, boasting that, "I feel fortunate to represent the nation's top technological talent in the 'black' world.... [and] appreciated the opportunity to…
Grigg, W.N. (2006, February 6). Power Brokers: Jack Abramoff Brought Together Corrupt Politicians, the Criminal Underworld, and the Global Power Elite. The New American, 22, 21+.
Lanier, M.M., & Henry, S. (1998). Essential Criminology. Boulder, CO: Westview Press.
(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…
Barkan, Steven, and George Bryjak. (2011). Fundamentals of Criminal Justice: A Sociological View. Sudbury, MA: Jones and Bartlett Learning International.
Packer, Herbert. (1968) "Two Models of the Criminal Process." In The Limits of the Criminal Sanction. Stanford, CA: Stanford UP.
Roach, Kent. (1999) Due Process and Victims' Rights: The New Law and Politics of Criminal Justice. Toronto: University of Toronto Press.
The major participants in the Cuban Missile Crisis were in many ways driven by intelligence information to make the decisions upon which the crisis centered. The Soviet Union and its puppet nation Cuba relied on the heavy detail they received from their own agencies and believed that as a result of the failure and humiliation of the U.S. during the infamous Bay of Pigs incident that America would be blind at worst to its nuclear build up in Cuba and impotent at best. "At the time of the crisis, the United States possessed many more weapons than the Soviet Union, and thus had a military advantage. Khrushchev had formulated the plan...when he was searching for a place to install nuclear warheads that could not be detected by the U.S. early warning system..." ("Cuban Missile Crisis," 2002, p. 18) Simultaneously, the Americans both feared the Soviets and resented the clear violation…
Cuban Missile Crisis. (2002). Cuban Missile Crisis. Politics & World Affairs: Cold War, 18.
In Defense of Civil Liberties (2004, September 20). The New York Times, p. A24.
Kaplan, Morton A. (2002). Intelligence Failures. World & I, 17, 12.
U.S. Has "No Objections" to China's Nuclear Buildup (2001). The New American, 17, 13.
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President ush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of oumediene v. ush that the U.S. Supreme Court "overturned the portions of the law" relating to habeas corpus and stated findings that the individuals held at Guantanamo ay have "constitutional rights to challenge their detention in United States courts." (The New York Times, 2009)
III. Response of the Obama Administration
It is related that one of the first things that the administration of President arack Obama accomplished was an executive order that closed Guantanamo and one that as well "issued an immediate halt to…
Elsea, Jennifer (2005) The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice. CRS Report for Congress. 18 Jan 2005. Online available at; http://www.globalsecurity.org/military/library/report/crs/rl31600.pdf
Henning, Anna C. (2009) Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees. 2- March 2009., CRS Report for Congress. Online available at: http://www.fas.org/sgp/crs/natsec/R40419.pdf
Military Commissions (2008) The New York Times. 9 May 2009. Online available at: http://topics.nytimes.com/top/reference/timestopics/subjects/d/detainees/military_commissions/index.html?inline=nyt-classifier
Richey, Warren (2006) Supreme Court Rejects Military Tribunals. The Christian Science Monitor. 30 June 2006. Online available at: http://www.csmonitor.com/2006/0630/p01s01-usju.html
Some attorneys simply seem to enjoy outrageous conduct when it comes to proving the innocence of their client, and some simply relish the feeling of power they have in the courtroom environment. Giving attorneys too much power can lead to problems in the courtroom and in the justice system. The debate over punishment that fits the crime and the death penalty also seem like debates that will rage for a long time, no matter what happens in the criminal justice system. There are always going to be cases where a minor criminal is sentenced to a punishment that seems much bigger than the crime they committed, and there will always be people opposed and in support of the death penalty. These chapters show that the criminal justice system is not perfect, and that reforms could help create a better, more workable system, but they also show that there will always…
Various Authors. (2005). Justice, Crime and Ethics. Cincinnati, OH: Anderson Publishing Company pp. 125-201.
The swing back and forth between rehabilitation and "lock them up and throw away the key" makes corrections officers' jobs more difficult than they might otherwise be. Police and corrections personnel must bend to winds of change that bring little regard for their own personal and familial welfare. Much has been said about the prisoners, and the effects of those prisoners on the larger society, but little account has been taken of the effects of constantly changing policies and objectives on those who must work in the nation's prisons. Certainly, their needs and quality of life bears on the future rehabilitation or punishment of wrongdoers. The needs of corrections personnel and police are directly related to the overall problem of how we deal with crime in America.
Blumstein, a. (2004). 3 estoring ationality in Punishment Policy. In the Future of Imprisonment, Tonry, M. (Ed.) (pp. 61-78). New York: Oxford…
Blumstein, a. (2004). 3 Restoring Rationality in Punishment Policy. In the Future of Imprisonment, Tonry, M. (Ed.) (pp. 61-78). New York: Oxford University Press.
Bunzel, S.M. (1995). The Probation Officer and the Federal Sentencing Guidelines: Strange Philosophical Bedfellows. Yale Law Journal, 104(4), 933-966.
Cochrane, J., Melville, G., & Marsh, I. (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. London: Routledge.
Diiulio, J.J. (1991). No Escape: The Future of American Corrections. New York: Basic Books.
Adverse circumstances and heated verbal attacks by angry citizens sometimes triggers a (natural) response on the part of police officers to respond in kind, or, at the extreme, with verbal abuse in the form of threats to use their lawful powers of arrest for intimidation purposes where, in fact, any such use of arrest powers is unlawful under the given circumstances.
Typical examples with potential to trigger verbal abuse by police would include responding to members of the public who are indeed complying with a lawful order to disperse, or to vacate a specific area, but who do so while expressing their verbal disagreement or displeasure with the officer's command. They may even choose to insult the officer personally, but provided their actions do not constitute a threat to the officer or a refusal to obey his lawful orders, and as long as their manner of expression does not constitute…
Geeting, J. (2005) the Badge: Thoughts from a State Trooper.
Indian Wells: Mckenna
McCauley, R. (2005) Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; the FBI Law Enforcement Journal. Vol. 74 No.11 Montgomery, D. (2005) Perspective: Excessive Force 101; the FBI Law Enforcement Journal. Vol. 74 No.8 Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
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…
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…
Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:
Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site: http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding
The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-
Criminals face court every, single day in all fifty states for a variety of crimes. Some are mentally disabled, some suffer from acute or chronic mental illness, and some are of sound body and mind. In order to differentiate which person if fit for trial, the Legal Standards for Competency are used in order to avoid any added difficulties during the trial. The questions however is, are these standards helpful in differentiating between the "fit" and the "unfit"?
"The legal construct of competency to stand trial requires that a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the legal proceedings" (Jamieson, 2009, p. 67). This quote, derived from Jamieson, explains how competency is determined for criminals on trial. However, there's a lot of room in this definition for error. Some people on…
Bartol, C.R., & Bartol, A.M. (2012). Introduction to forensic psychology: research and application (3rd ed.). Thousand Oaks, Calif.: Sage Publications.
Golding, S.L., Roesch, R., & Schreiber, J. (1984). Assessment and conceptualization of competency to stand trial: Preliminary data on the Interdisciplinary Fitness Interview.. Law and Human Behavior, 8(3-4), 321-334.
Heller, M., Traylor, W., Ehrlich, S., & Lester, D. (1981). Intelligence, Psychosis, and Competency to Stand Trial . Bulletin of the AAPL, 9(4), 267.
Hubbard, K.L., & Zapf, P.A. (2003). The Role of Demographic, Criminal, and Psychiatric Variables in Examiners' Predictions of Restorability to Competency to Stand Trial. International Journal of Forensic Mental Health, 2(2), 145-155.
Officer Jim Rawlins, a fourteen-year veteran of the Anytown Police Department spent the morning working with Sadie. He hid a series of balls around his backyard, giving the golden retriever praise and pets every time she found one of the balls and brought it to him. Then he clipped on her leash and her special K-9 officer vest and loaded her into the squad car. Today Jim was taking Sadie to Anytown High School, where she would sniff out drugs in student lockers. One high school in the district was randomly selected each month for a drug search (De La Garza). Jim took his job seriously because drugs were a growing problem at Anytown High School, and one of the students had overdosed the week before. The girl was going to live, but her life would never be the same. If he could keep that from happening to…
De La Garza, Diana. "Drug Dogs Sniff Out School Campus." Laredo Morning Times 18 Apr.
'Inmate Handbook." TCSOAL.org. 2005. Tuscaloosa County Sheriff's Office. 26 Jun. 2005
At a minimum, the emergency plan should outline the respective risks capable of being anticipated along with appropriate procedures for implementing necessary response procedures and resource allocation. The emergency plan must include procedures for ensuring continual communication among responders as well as alternate means of communication; procedures for contacting entities outside the immediate area affected by the emergency; and multiple means of providing essential response to every foreseeable type of emergency and every foreseeable type of malfunction or breakdown of primary processes along with secondary plans for each.
Effective emergency response requires training and practice implementing procedures and resources and that practice is also essential for communicating awareness of the plan among first responders. Non-first responders should also be informed of all elements of the plan that pertain to them specifically.
4. What role, if any, should emergency managers play in ensuring emergency medical care for a mass-casualty incident? In…
instant case are typical of many criminal cases presented to the courts on a daily basis and the role and responsibilities of the principals remain essentially the same. The prosecutor in the case has the primary duty to ensure that justice is done. This duty applies not only to the victim, but also applies as to the defendant. In the instant case this requires that the prosecutor make every effort to make sure that all parties responsible for the crime are properly prosecuted and that such prosecution is conducted fairly (Graham, 2005). The fact that the defendants apparently used a gun in the commission of the crime presents the prosecutor with a considerable problem relative to any plea bargain. If the defendants are charged with a gun specification, the prosecutor must determine whether or not to drop such specification as part of the plea negotiation. In light of the recent…
Bibas, S. (2004). Plea Bargaining Outside the Shadow of Trial. Harvard Law Review, 2463-2547.
Graham, B.L. (2005). Prosecutorial Ethics and Victim's Rights: The Prosecutor's Duty of Neutrality. Lewis & Clark Law Review, 559-579.
O'Hear, M.M. (2008). Plea Bargaining and Procedural Justice. Georgia Law Review, 407- 469.
Smith, A. (2003). The Difference in Criminal Defense and the Difference it Makes. Washington University Journal of Law & Policy, 83-140.
In 2002 the crime lab in the state of Mississippi found that the semen in the victim's body belonged to two different men and neither of them was Kennedy rewer. alko concludes by stating: "Forensic scandals have been troublingly common of late, with phony experts, fake results, and incompetent testing recently uncovered in Virginia, Maryland, Kansas, Illinois, and Texas, to name just a few. Courts need to take a more active role in weeding out the Michael Wests of the world before they ever take the witness stand. ut professional organizations also need to be more vigilant about policing their own. Dr. West's peers should more vocally have questioned his methods long before he was permitted to testify more than 70 times in courts across the country. One would think they'd step up their standards to protect the integrity and reputation of their profession. ut these continuing scandals suggest another,…
Danger to Society: Fooling the Jury with Phony Experts (nd) Chapter Three. State of Texas Law Review.
Bite Mark Evidence Dispute in Murder Cases (2008) CNN.com Crime. 29 Feb 2008. Online available at http://www.cnn.com/2008/CRIME/02/29/bite.marks.ap/
Bowers, C. Michael and Johansen, Raymond J. (2001) Digital Rectification and Resizing Correction of Photographic Bite Mark Evidence. Forensic Science Communications. July 2001. Vol. 3 No. 3. Online available at;
The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles.
Since applicants' undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)
During the third year of college, aspiring law students take the Law School
Achievement Test (LSAT), a standardized test designed to measure a student's aptitude and chances of successfully completing the Juris Doctor program. The LSAT is more ability-oriented than the…
5. New York Law School Academic Catalog (1983-84) New York: NYLS
6. New York Law School Academic Catalog (2003-04) New York: NYLS
7. Turow, S. One L (1979) New York: Warner Books
"(Bonnie et al.)
For many the ability of a client to participate in pleading insanity is controversial. Many contend that this ability shows that the person is rational and should be punished accordingly. While others argue that, the ability of a person to know that they are insane does not make them sane. In either case, the insanity plea remains as a controversial subject.
Within the realm of psychology, the issue of insanity has always been a topic of interest. Psychologists have long asserted that there are various mental conditions that render individuals insane. These conditions include schizophrenia, bipolar disorder and even certain forms of depression. Psychologists contend that these conditions can make an individual unable to rationalize.
A book entitled Court-Ordered Insanity: Interpretive Practice and Involuntary Commitment explains that many cases involve the hospitalization or commitment of the client. In these cases, the book explains that the client mental…
Bonnie, R.J., Poythress, N.G., Hoge, S.K., Monahan, J., & Eisenberg, M. (1996). Decision-Making in Criminal Defense: An Empirical Study of Insanity Pleas and the Impact of Doubted Client Competence. Journal of Criminal Law and Criminology, 87(1), 48-62.. http://www.questia.com/PM.qst?a=o&d=5000317272
Ellias, R. (1995). Should Courts Instruct Juries as to the Consequences to a Defendant of a "Not Guilty by Reason of Insanity" Verdict?. Journal of Criminal Law and Criminology, 85(4), 1062-1083. http://www.questia.com/PM.qst?a=o&d=77002953
Fass, M.E. (1999). A Forensic Psychology Exercise: Role Playing and the Insanity Defense. Teaching of Psychology, 26(3), 201-203. http://www.questia.com/PM.qst?a=o&d=34684718
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an assault, depending on the circumstances and the wording of the law.
All jurisdictions include certain aggravating factors that raise a simple assault to an aggravated assault, which are typically felonies. These aggravating circumstances include using a dangerous or deadly weapon and/or having the intent to rape, maim or murder the victim.
An example of an aggravated assault, which is a felony, would be if Jack threatened to hit John with a baseball bat and came swinging at him. In the case at hand, if Sharon had missed her husband, her act would most likely be held as an aggravated assault. However, once the contact or…
Klotter, John C., and Joycelyn M. Pollock. (2006): Criminal Law. 8th ed. Newark: LexisNexis Matthew Bender.
Padfield, Nicola. (2004): Criminal Law. 4th ed. New York: Oxford University Press.
Dix, George E. (2001): Gilbert Law Summaries: Criminal Law. Barbri Group.
Dressler, Joshua, and Frank R. Strong. (2006): Understanding Criminal Law. Newark: LexisNexis Matthew Bender.
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…
Leipold, A.D. (2010). What's wrong with the criminal justice system and how we can fix it? Ohio State Journal of Criminal Law, 7(515): 516-519. Retrieved July 4, 2011 from http://moritzlaw.osu.edu/osjcl/Articles/Volume7_2/Leipold-FinalPDF.pdf
West, T. (2009, May 7). Criminal justice system -- A pipeline with many problems. Philadelphia Public Record. Retrieved July 4, 2011 from http://www.dc47afscme.org/local_810/public%20record/90507.htm
TV Criminal Procedure
Fluffy, unrealistic, demeaning, biased against the routine nature of many of the professional activities that can be expected if one chooses a criminal justice career: This is what reviewers of television shows on law enforcement and the courts of say. But time and again, Hollywood returns to these formats to give the public the chance to love and hate the pursuit of justice. There is probably no way around this because the ends and means of criminal justice will always be in conflict, and that can make for good entertainment.
For the most part police and law enforcement personnel get the best representation as pursuers of right and security, except for when there is a bad guy from these offices, in which case the shows demonstrate how these people hurt their fellow good guys. Somewhat of a change has occurred by the making of more entertaining defense…
Admin (2011). Are criminal justice TV shows full of fluff? A one-sided depiction of criminal justice careers. Viewable at http://www.uscollegesearch.org/blog/resource-articles/criminal-justice-info/are-criminal-justice-tv-shows-full-of-fluff.
Weyenburg, M. (2011). 25 Best & Worst Legal TV Shows. Law School Podcaster: Your guide to law school. Viewable at http://www.lawschoolpodcaster.com/2011/05/27/25-best-worst-legal-tv-shows/
The killing of the two black American young men Amadou Diallo and Louima were separated by about two years but Amadou's killing happened just before the trial of Louima's case. Amadou's killing drew a lot of public interest that was focused on the conduct of the New York Police. It was the only such heated debate since the Knapp commission of the 70s which disclosed corruption in the police department. Amadou was from a middle class family that migrated from Guinea. They were engaged in simple trade activities including selling items on the streets. Amadou was shot 41 times in his apartment house in Bronx. His life was brought to an end by a special crimes unit of a group of four policemen operating under cover. It is a New York born strategy for combating aggressive crime (Harring & Ray, 1999). There is no doubt that a crime was indeed…
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…
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
CJ327W esearch Methods in Criminal Justice
The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.
Purpose & Audience
The Miranda vs.…
Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044
A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044
Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.
H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision…
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…
Ackerman, S.R. (n.d.). Independence, political interference and corruption. Retrieved from: http://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CB8QFjAB&url=http%3A%2F%2Fresources.transparency.bg%2Fdownload.html%3Fid%3D674&ei=nmSFVJjfJsX3UIzXgpAL&usg=AFQjCNG3iXhyvEpGajwTxpO_2SO2oFiECw&sig2=qZhx2nM7AmhxVKqpdVdtOA&bvm=bv.80642063,d.d24
BAR Human Rights Committee of England and Wales. (2010). A Place in the Sun Zimbabwe: A Report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September. Retrieved from: www.barcouncil.org.uk/media/144602/7351_bhrc_zimbabwe_report.pdf
Barkow, R.E. (2008). Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law. Stanford Law Review 61, 869-922.
Barzelay, M. (1992). Breaking through bureaucracy. Berkeley: Univ. Of CA Press.
raged among those in law enforcement: do prisons exist to punish, or to rehabilitate? I argue that they can, and should be, both. While certainly some prisoners will never reform and will always remain a threat to society, others do their time and then go on to stay out of trouble for the rest of their lives. Currently we aren't very good at predicting who will leave prison for good and go on to lead productive lives, and who will be repeat offenders. However, we do know that they have the best chance of avoiding prison's revolving door if they leave prison well-equipped to live on the outside. There are three major issues that can make this hard: a history of substance abuse, psychological problems, and inadequate education. I would like to see our prisons make better use of opportunities for drug rehabilitation, psychological counseling and other treatments for those…
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…
criminal justice and terrorism. Specifically it will discuss whether Hezbollah is a terrorist organization or merely acting in self-defense. Hezbollah is a Lebanese organization made up of Shi'a Muslims that participates in political and social issues throughout Lebanon. The group formed after the 1982 Israeli invasion of Lebanon, and it began as a resistance organization. The original mission of the organization was to gain an Islamic regime throughout Lebanon and to do away with the colonial expansion of Israel. They have repeatedly stated they would like to do away with the Zionist (Israel) state, as well, and that makes them a terrorist organization.
Hezbollah has grown from an entirely military organization to one with incredible power and funding. The group owns television stations, holds seats in the Lebanese government, and funds many social activities, such as schools and hospitals for the Lebanese people. However, they were formed as a militant…
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…
Durham rule. (2009). Law Dictionary. Retrieved March 5, 2009 at http://www.answers.com/topic/durham-rule
Legal issues. (2009). University of Hawaii. Retrieved March 5, 2009 http://www2.hawaii.edu/~heiby/Legal_Issues_Revised.html
Martin, John P. (1998, February 27). The insanity defense: A closer look. Washingtonpost.com.
Retrieved March 5, 2009 http://www.washingtonpost.com/wp-srv/local/longterm/aron/qa227.htm
This essay discusses how the criminal justice system is an important part of the government, allowing for the prosecution, imprisonment, and rehabilitation of criminals. Apart from the court system and police, the criminal justice system has other components like criminal justice agencies that provide additional information for researchers to form studies and articles to help improve the criminal justice system as a whole. This Criminal Justice Essay will help students looking to understand what the system is and what components make up the system. By exploring the core of the criminal justice system, one can understand law and how the government carries out enforcement of the law within the country.
What is at the Core of the Criminal Justice System in the United States?
The Effects of the Criminal Justice System on Crime
Does the Criminal Justice System Need Change?
Selected Title: The Role of The American Criminal Justice…
Of even more significance is that twelve states go ahead to extend litigation costs and attorney fees "to a shooter who prevails in a civil lawsuit, creating a strong disincentive for a shooting victim to pursue justice in the civil system" (Mayors against Illegal Guns 6)
The Reach of Stand Your Ground Law
Although the Stand Your Ground Law is largely and extensively linked to Martin's case, a 2012 investigation by Tampa Bay Times revealed that "the Martin incident is far from the only example of the law's reach" (Lee). The relevance of this law as a major factor in judges' decisions, acquittals, and prosecutors' decisions, some of which involved cases that did not result in the victim's death, cannot be overstated (Lee).
In 2012, a Louisiana court acquitted Byron Thomas of all charges relating to an incident in which the 21-year-old, after a marijuana transaction turned sour, opened fire,…
Gardner, Thomas and Anderson Terry. Criminal Law. Stamford: CT: Cengage Learning, 2014. Print.
Havis, Devonya. Pursuing Trayvon Martin: Historical Contexts and Contemporary Manifestations of Racial Dynamics. Ed. Yancy George and Jones Yanine. Plymouth: Rowman & Littlefield, 2013. Print.
Lee, Suevon. "Five 'Stand Your Ground' Cases You Should Know About." Pro-Publica, 2012. Web. http://www.propublica.org/article/five-stand-your-ground-cases-you-should-know-about
Mayors against Illegal Guns. "Stand Your Ground Laws and Their Effect on Violent Crime and the Criminal Justice System." Mayors against Illegal Guns, 2013. Web. 8 May 2014 https://s3.amazonaws.com/s3.mayorsagainstillegalguns.org/images/ShootFirst_v4.pdf
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…
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.
Brumbaugh, Alex. (1994) "Why Drug Courts Work." 3 Dec. 2002. http://www.silcom.com/~alexb/drugcrts.htm
Discussion of the various counseling techniques available to drug court clients, with an emphasis on acupuncture.
Driving hile Impaired in Canada
Tough new laws have been enacted in Canada in response to the problem of driving while impaired. In this case "impaired" means driving while intoxicated on alcohol -- being over the limit on blood alcohol (driving under the influence, DUI / driving while intoxicated, DI) -- or on drugs. This paper describes the issue, reviews the relevant legislation and laws, reviews the history of laws pertaining to impaired driving sanctions, and offers analysis of the contemporary legal situations regarding impaired driving laws in Canada.
hat is Impaired Driving?
The Ministry of Transportation in Ontario defines impaired driving as driving "while you ability is affected by alcohol or drugs… a deadly combination" (www.mto.gov.on.ca). The fact is that one drink can reduce a driver's ability to concentrate on the road and the traffic. Even one drink can affect a driver's reaction time, the MTO explains. The MTO…
Addario, Frank. (2008). Nasty Criminal Law Will Achieve Nothing for Public Safety.
Criminal Lawyer's Association. Retrieved Oct. 1, 2011, from http://www.criminallawyers.ca .
Bill C-2. (2007). An Act to amend the Criminal Code and to Make Consequential Amendments
To Other Acts. Parliament of Canada. Virtual Library. Retrieved Oct. 1, 2011, from http://www.parl.gc.ca .
Moose Horn Police officers admissible at trial, since no Miranda warnings were given to the defendant at any time?
In the case of Sleazy vs. The state of decency the statements made by the defendant were not admissible in court because the officers did not inform Sleazy of his Miranda rights. These rights should have been stated to the defendant when it was obvious to the police officers that section 54321 of the law had been violated.
Instead the officers continued to ask Sleazy questions that they knew would incriminate him. This violated his Fifth Amendment right not to incriminate himself; the amendment is a fundamental part of the American justice system and was not adhered to in this case. Therefore the statements made by Sleazy were not admissible in court.
In neglecting to read Sleazy his rights the officers were forfeiting all of the information that Sleazy was providing…
Interpreting the Cross-Section Requirement of the Sixth Amendment http://law.wustl.edu/Journal/52/435.pdf
All cases cited came at http://www.uscaselaw.com
values" that underlie the American criminal justice system? That is, what would an outsider consider our fundamental value when he/she observed the U.S. justice system? It is by understanding our own values that we better understand the values of other countries. At the same time, we start to realize, I hope, that our values determine our CJ system. So it would be silly to believe that other countries have the same system as us when we know that they do not share our same values.
There are many different underlying values that could be perceived by outsiders. Probably one of the most prominent values observed would be the access to justice. Everyone is provided a lawyer and the legal system is intended to work for all citizens regardless of their place in society. Although many of the outcomes may have variations depending on an individual's background, there is at least…
Sullateskee V. the State of Oklahoma, No. A-14062
Facts: In 1967, Gladys Juanita Sullateskee was charged in Oklahoma Municipal Court with possessing a total of 556 bottles of whiskey for sale without the proper issued state permits (via the Oklahoma Alcoholic Beverage Control Board). During the proceedings a jury trial was waived and the case was sent to a judge. He determined that Sullateskee was guilty of possession with the intent to distribute and fined her $25.00.
Sullateskee is appealing the decision based upon the fact that the prosecution failed to show the whiskey actually belonged to the defendant. This is because she was a waitress who worked at the establishment and is not the owner. She argues that intent is not the same as actually conducting the crimes she is charged with. During the trial, the prosecution had only one witness who was the investigating officer. He testified that…
Sullateskee V. the State of Oklahoma. (1967). E Cases. Retrieved from: http://www.ecases.us/case/oklacrimapp/1391482/sullateskee-v-state
US Liquor Law. (2015). Washington DC: U.S. Government Printing Office.
Fletcher, G. (2005). American Law. Hoboken, NJ: Wiley.