While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged wife. In the case of his murdered wife, the state would be responsible for pressing charges for that crime because the murder was completely separate from the bank robbery. Just because it happened on the same day as the robbery, there is no connection between the two crimes.
When Louie and Billy were arrested at the home of Smokey, the fact that they had the stolen money, and probably left behind evidence at the crime scene, it would be difficult to plan an effective defense against the bank robbery charges. When the two innocent people were killed during that robbery, the law is clear that any deaths occurring committed during the commission of a crime, are considered as murder and eligible…… [Read More]
When can an actus reus be a failure?
Actus reus generally involves three elements: (1) a voluntary act or failure to perform an act, (2) that causes, (3) a harm condemned under a criminal statute (Chapter 4: Actus eus, p. 39).The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having a guilty state of mind.
As a basic rule there can be no criminal liability for a failure to act (omission), unless at the time of the failure the defendant was under a legal duty to take positive action (TUFAL, p. 2).
A positive duty to act arises under the following constellations:
(a) Duty arising from statute: Examples are filing tax returns, professionals reporting child abuse or registering firearms.
(b) Duty arising from contract: Examples would be the babysitter, the doctor or the lifeguard.…… [Read More]
Criminal Law Foundations Evaluation
Criminal Law Foundations Paper
Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and balances" that separate power of authority, control, and legislation of the state. As such, scholars such as Thomas Aquinas of the medieval period considered the constitution as the divine power of the state that should be delivered in manners that ensure safety of the public and those in power. It is also recognizable that the constitutions of different states such as the U.S. have provision safeguards the interests of its citizens (Baron, 2003).
This research paper focuses…… [Read More]
Criminal law is defined at both the state and federal level of American government. In the United States, "most crimes ...are established by local, state, and federal governments," with the exception of common law crimes ("Criminal Law" 2010). There are some definition of crimes that vary significantly from state to state, but for the most part states confer to the Model Penal Code. Criminal law is the aspect of government that focuses on the prosecution of acts defined as crimes at the local, state, or federal level.
Criminal law therefore invokes constitutional clauses such as the due process of law. Individual citizens have the right to legal representation and are theoretically equally protected under the law. Criminal law therefore serves several distinct and sometimes conflicting fronts: the prosecutor (usually the local, state, or federal government); the victim of the crime; and the defendant or accused.
When a crime is perpetrated,…… [Read More]
Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in recent reforms of criminal codes in many major states. But laws in one state may not be similar to laws in another and this applies to criminal law as well. For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law.
Criminal statutes…… [Read More]
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislation referring to warrantless wiretapping. "Senate condones warrantless spying program," the headline reads, and the story outlines the 68-29 Senate vote that basically grants "blanket immunity to phone companies that broke the law" by allowing the Bush Administration to have access to private phone records as part of the "war on terrorism." The House, meanwhile, passed a bill 213-197, that "restores court oversight to the government spying program" and also holds the big telecommunications companies (Verizon, att, etc.) accountable for handing over the private phone records to the government without a warrant that requires them to do so.
The FCNL site quotes from the Fourth Amendment to the…… [Read More]
I would like to inform you of my opinion regarding the shooting incident that transpired at 2 a.m. involving Police Officer Jones. While walking the beat after midnight in a high crime area, Officer Jones was approached by a civilian who claimed to have been assaulted and robbed by an assailant. The victim described her alleged assailant as wearing a red shirt and white pants. Further identification was impossible because the witness says her attacker was wearing a ski mask at the time of the crime. The victim was able to determine that her assailant was approximately 5'8" and that the perpetrator was in possession of a gun. Doing the appropriate thing, Officer Jones called for medical attention for the woman and for backup.
While awaiting assistance, Officer Jones noticed an individual approaching carrying something in his or her right hand. The officer identified…… [Read More]
Juvenile Homicide Cases: Florida v. Tate and Florida v. King
In Florida v. Tate, the facts supported charging the defendant with murder as well as charging him with a variety of lesser-included offenses, including the different levels of homicide and aggravated assault. However, there was no evidence of other crimes like kidnapping or conspiracy. In Florida v. King, the facts supported charging the juvenile defendants with conspiracy to commit murder. However, the facts also supported charging the adult defendant with sexual assault of a minor, conspiracy to commit murder, and it looks as if either harboring a runaway or kidnapping charges might also have applied to him.
Based on the facts in the case, the defense attorney in Florida v. Tate took an unusual approach in his defense of Tate. The injuries described in the articles about the case simply do not support the theory that the death…… [Read More]
Title and Citation
The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (ermeil)
Type of Action
It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court in 2013. Currently, the U.S. Fifth Circuit of Appeals is addressing the issues presented by the Supreme Court. As compensation, the plaintiffs are seeking out: monetary damages, a change in the university's policy and acceptance to the school. ("Fisher v. Texas") (ermeil)
Fact of the Case
In 2008, two white female students were denied admission to the University of Texas. They allege that the school is unfairly discriminating against them based upon their race. Under Texas House Bill 588, the university has to accept anyone who is in the top 10% of their graduating class regardless of their race, creed, economic background or social class. Those candidates…… [Read More]
Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only be different if the state's law allowed for intercourse with a 15-year-old.
2. False imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement (367). Here, X orders Y to go into an isolated alley off of a busy street. X was only five feet into the alley, however, X was brought to the alley against her will and forced to remain until she handed over the money. Thus, Y was falsely imprisoned or kidnapped.
3. Voluntary manslaughter is the act of killing another in heat of passion, self-defense, or while committing a felony (405). Heat of…… [Read More]
The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end.
Chapter 10 refers to crimes against habitation, notably criminal acts such as burglary or arson. The conditions for a criminal act of this nature to occur are discussed, as well as the different statutes that regulate the legal framework for each of these situations and the punishments applicable. Important restrictions apply in each cases, for example, the fact that an individual cannot, from a legal point-of-view, burglarize his own home.
Chapter 11 deals with a particular form of crimes against property, namely those acquisitions offenses, crimes where there is a wrongful acquisition of property involved. Most such criminal acts are categorized as theft. Larceny, embezzlement or robbery are just a few of the most representative forms of acquisition offenses. One of the interesting subchapters regards receiving stolen property, with the mention…… [Read More]
Criminal Law Case Study
Summarize the following cases:
Edwards v. South Carolina, 372 U.S. 229 (1963)
This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in public areas. They wanted to air out grievances that their state had policy segregation. All of these had been organized to take place in South Carolina state house grounds. The strike was peaceful because they did not interfere with smooth running of activities in the City. The police came in to stop the protest: they asked the protesters to disperse and threatened to arrest them. This group of police comprised 30 officers. The protesters instead of cooperating with the police they started chanting patriotic and religious songs. A warrant of arrest was issued where they were convicted of breaching peace (Alldridge, 2001).
When they were arrested, they were denied some rights…… [Read More]
Scenario 1: Is it considered homicide when a person who knows he or she has HIV deliberately and knowingly infects another person who then dies as a result of contracting AIDS?
To answer this question there is a precedent for considering it murder / homicide, and that case happened in Canada. Ugandan-born Johnson Aziga was convicted of first degree murder for having "unprotected sex without telling 13 women," and two of those victims died of AIDS (Jonathan Turley).
Attorney Turley writes that there are twenty-one states that have laws on the books that make it criminal to knowingly infect another with HIV. In California, Turley points to statute #120291, which relates to infecting another person with HIV:
"Any person who exposes another to the human immunodeficiency virus (HIV) by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he…… [Read More]
However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a warrant is not proper it may still be valid under the fourth amendment if certain warrantless search exceptions are met. These exceptions include: incident to a lawful arrest, automobile search, plain view, consent, stop and frisk, and while in the hot pursuit of evanescent evidence. Clearly, none of these exceptions apply to the case at hand. For this reason, the law enforcement officer's decision to enter the home is an invalid search under the Fourth Amendment of the Constitution of…… [Read More]
The Elsa Daniels Case
Should Elsa be exonerated due to her intent to return the money and her good motive?
Intent to Return: In criminal law, a person cannot be exonerated of embezzlement, even if the embezzler intended to return the property later. Only in case of larceny, the law in several U.S. states allows the taking of another's property without permission and then returning it within a reasonable time. In this case, even the intent to written the money as claimed by Elsa is not substantiated by facts. Moreover (as we shall see later) Elsa's act is not "larceny"; hence the plea of intending to return the money cannot be the basis of defense.
Good Motive: Good motive alone can never be a defense for a crime in criminal law.
It is, therefore, quite clear that Elsa cannot be exonerated even if she intended to return…… [Read More]
Edwards v. South Carolina, 372 U.S. 229 (1963)
Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when 187 people peacefully marched upon the state capital of South Carolina to voice their problems with the inequalities facing African-Americans. After being ordered to disperse, they were arrested under the charge breach of the peace. They sued the state (in 1961) claiming that they violated their First and Fourteenth Amendment rights. The evidence showed that there was no threat of violence directed at public safety or the officers involved. Instead, the protestors sang patriotic and religious songs in unison. ("Edwards v. South Carolina," 2011)
Issue: The main issue was; does the state have the right to enforce these laws when someone is peacefully demonstrating. Moreover, do they have the right to publically assemble in order to highlight their views to elected…… [Read More]
The question at hand however, involves whether the mailing is germane to the actual fraud scheme which was committed. On this point two issues arise, first was the mailing an essential part of the scheme, and second did the mailing further the execution of the fraudulent scheme the defendant suggests that the mailing of the application was only an innocuous step in the process; "innocent in and of itself… merely tangentially related to the fraud… and far from furthering the execution of the fraud, occurs after the fraud has come to fruition" (eed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008).
To the Court however, the mailings constitute activity which while not potentially "an essential element of the scheme" was incident to an essential part of the scheme or a step in the plot" (eed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The mailing of the title…… [Read More]
Chapter 11 (The Law of Torts) Factual Scenarios for Case Analyses
During class on Wednesday, while showing a movie, Professor sees smoke and smells odor of marijuana from the back of the class. When she turns the lights on, she could not tell who had been smoking, and no one 'fessed up to smoking it. She tells the class that no one leaves until the perpetrator is identified. Professor locks the doors. Four hours go by, no one has confessed, and the students get anxious. Tyler grabs Professor by the arms and shakes her, saying, "I'm not staying in here any longer." Joseph helps him kick down the door and the entire class leaves. While leaving, Ron grabs a piece of the door, and throws it at Professor, who ducks, and the piece of door hits Diana, injuring her leg.
Describe any and all torts you observe, and…… [Read More]
" The complication of the protection of the fetus under common and criminal law was apparent; it is still unclear.
New York, however, makes clear its position on fetal protection despite its lack of clarity in organization of manslaughter criminal codes. Article 125 of the New York State Consolidated Law Penal Code deals directly with "Homicide, Abortion, and Related offenses," defining homicide as conduct that causes the death of a person or unborn child in which a female has been pregnant for more than twenty-four weeks. At that point, the fetus gains protection under New York Law; in the Harper case, the accused would be found guilty for homicide of the unborn child as well as that of the mother. The law further investigates homicide, manslaughter, vehicular manslaughter, criminally murder, and abortion in depth, providing in detail the clarity not allowed by the New Jersey code.
In the state of…… [Read More]
law that you believe has most strongly influenced modern criminal law. Explain the theory and the basis for your selection. From there, explain why an understanding of statutory law is necessary in a criminal justice context. elect one statute on any criminal law. Use that statute as your point of reference to support your positions and conclusions. Conclude by selecting one case involving a criminal procedural issue and another case involving a substantive criminal law issue. ummarize your two selected cases and explain why an understanding of statutory and case law is important to a criminal justice professional.
The classical theory of law believes that an individual is in charge of their own actions and voluntarily chosen to therefore break the law. Behavior is rational and since this is the case, the law acts in kind, also in a rational way. Criminal law, as propounded by Cesare Beccaria in "On…… [Read More]
Criminal Law System
The recurring issue within the Criminal Law system in our courts and judges is lack of funding. As much awareness of this issue, and as much campaigning as people have done to get this issue resolved, there is still not enough financial backing to properly serve all the individuals involved. It can be easy to say that this is a legislation issue, or one left for the policy makers, but the impact that improper funding has on an entire society, especially at the individual level, makes this an issue worth taking care of.
Funding is of the utmost importance if one wants to get anything done right. In order for criminal law to be able to excel in a society that values freedom and liberty over all else, a proper system of funding needs to be implemented. Hundreds of millions of dollars are given to criminal justice…… [Read More]
Part 1: Criminal Case Brief
Name of case
U.S. v. Madoff, 08-MAG-02735
It should be noted that Bernard Madoff’s scandal attracted several lawsuits. Some of the main cases include SIPC v. Bernard L. Madoff Investment Securities, SEC v. Madoff, and U.S. v. Madoff. This discussion will focus on U.S. v. Madoff, 08-MAG-02735.
Year the crime was committed
Being a Ponzi scheme where investors had invested significant amounts of money over a long period of time, it is estimated that Madoff commenced the fraud in the 1980s. Indeed, in the words of Henshaw (2014), “investigators believe that Madoff’s fraudulent activities extend back to perhaps the early 1980s, and it is possible that his firm was never really a legitimate business” (109).
Place the crime was committed
Investors into Madoff’s investment company came from all over the world and from as many as 136 countries (Cohn, 2018). In essence, a significant percentage…… [Read More]
In “Morality Influences How People Apply the Ignorance of the Law Defense,” Alter, Kernochan, Darley, et al. (2007) present the findings of four empirical studies showing how the perceived morality of the defendant influences decisions regarding determinations of guilt. In all four of the studies, the researchers found that laypeople will judge a defendant more harshly when the defendant is perceived of as an immoral person—regardless of whether the defendant claims ignorance of the law. The authors contend that the law should reflect the “moral intuitions” of the people, allowing for a differentiation between the actus reus (the criminal act) and the mens rea (criminal intent). Complicating matters is the fact that American legal precedent does not allow for an ignorance of the law defense; a person cannot hide behind claims to not know the law. A person who genuinely does not know that an act is criminal cannot have…… [Read More]
In Minnesota, the criminal code for arson falls under damage or trespass to property. It is regarded as a serious crime incorporating damage to property and threats to human life. Based on Minnesota criminal code 609.56, arson is classified into four categories i.e. arson in the first degree (609.561), arson in the second degree (609.562), arson in the third degree (609.563), arson in the fourth degree (609.531), and arson in the fifth degree (609.532). As defined in this criminal code, the key elements of this crime include illegal destruction or damage of a building and deliberate use of fire or explosives (Office of the Revisor of Statutes, 2019). Arson in the first degree entails unlawful intentional destruction or damage of a building used for dwelling using fire or explosives while second degree incorporates any building not covered in the first degree classification. Arson in the third degree includes…… [Read More]
State v. Burrell
1. In the State of New Hampshire, Marc Burrell was convicted in a jury trial on the count of manslaughter. State v. Burrell refers to Burrell’s appeal of the original conviction. The grounds of Burrell’s appeal were that the jury was improperly instructed on the parameters of criminal liability. In the original case, Burrell accidentally shot someone.
2. Crucial to the Burrell case is the definition of a “voluntary act.” Under New Hampshire criminal codes, "[a] person is not guilty of an offense unless his criminal liability is based on conduct that includes a voluntary act or the voluntary omission to perform an act of which he is physically capable." RSA 626:1, I. Because Burrell’s act can be considered involuntary, Burrell appealed on the grounds that criminal liability was not properly proven. Burrell is claiming that the jury did not sufficiently distinguish between a voluntary and an…… [Read More]
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.
Creation of Laws in the United States:
Most of the…… [Read More]
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…… [Read More]
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help understanding the mechanism that deals with the criminal law.
Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with violence and harm to societies and individuals, destroying the property and degrading the respect of individuals, societies and institutions. It is quite obvious that we are facing problems in describing the nature of crimes and are unable to understand the works of many scholars on this subject. The basic question is "What is crime?" there are a number of answers to that, some are supporting each other while some are contradictory to each other. There is a strong need to…… [Read More]
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…… [Read More]
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…… [Read More]
State v. Stark (1992)
Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.
The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]
Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.
Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]
Civil vs. Criminal Law
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…… [Read More]
Furthermore, in this game of "cat and mouse," the law enforcement officers being the cat, they have to think and act in the way that criminals do in order to catch them- officers need to anticipate criminal actions. By doing this, officers need to be "at one" with criminals thus making criminals and officers to employ very similar ways of thinking. Thinking and operating in the same manner and anticipating one another's moves allows criminals and law enforcement officers to utilize the same skill set and mentality in order to stay one step ahead of the other.
Despite these similarities, it is important to delineate the differences between police and criminals, which includes, the police being moral and ethical, using their propensity for violence to ensure the safety of the community they are protecting and ultimately using their status in society for good. Being moral and ethical are two traits…… [Read More]
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under the duress of police custody; if he does not believe he is being forced to talk or threatened to talk, there can be no duress, so the evidence is admissible.
And the officer can testify to what the defendant said, but it has to be in the form of exceptions to hearsay evidence. As he would be testifying to matters for the truth of the matter asserted, they have to meet hearsay exceptions - the most important one here would…… [Read More]
Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager
EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW
The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees.…… [Read More]
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
Gender and Sexual Orientation Discrimination
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…… [Read More]
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…… [Read More]
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…… [Read More]
The stigmatization of African-Americans has caused terrible harm in many areas, and only exacerbates the perceived "problem."
T]hirty years of forced removal to prison of 150,000 young males from particular communities of New York represents collective losses similar in scale to the losses due to epidemics, wars, and terrorist attacks -- with the potential for comparable effects on the survivors and the social structure of their families and communities. (oberts, 2004)
By destroying African-American communities and social networks on a massive scale, law enforcement officials are contributing to the very problems they purport to be fighting.
The mass imprisonment of African-Americans further spreads and entrenches the notion that African-Americans are somehow incapable of conforming to the larger society's rules and regulations. The more common the prison experience becomes in African-American life, the more normative it becomes in both African-American and majority White culture. oberts underlines the terrible effects of this…… [Read More]
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.
The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.
Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme . (1998, Dec…… [Read More]
" (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…… [Read More]
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all
One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices.
The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…… [Read More]
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time. Admittedly, political access and the relative ability of specific individuals, communities, and entities to generate legislative changes beneficial to them are not, in any sense, equal when viewed from the microcosmic perspective. Nevertheless, over time, changes in the American criminal justice are largely functions of widely-shared societal concerns and social values in the United States.
In recent years, the American criminal justice system has changed in several significant respects: it has become increasingly federalized; it seen a dramatic increase in the privatization of criminal justice facilities; and it has become ever-more effective by virtue of its technological evolution. Likewise, concepts and principles of criminal reform have continually undergone cyclical changes, due in part to unanticipated flaws in prior approaches or simply…… [Read More]
Another form of punishment is by restraint or incarceration. By keeping the person under state control, then the state can avert the person from committing another crime. On the other hand, many times incarceration is only a temporary answer. ehabilitation is an alternative when it is possible. The person who violates criminal laws gets punishment but also learns how to alter their bad behavior and work toward becoming a productive citizen. The last reason of punishment is retribution, or to make the person suffer for the pain caused to the victim and the victim's family. Many times, this reason is most relevant to the victim or the victim's family when a violent crime is committed (the Purpose of Criminal Laws, 2012).
In very broad terms punishment may be anticipated to affect deterrence in one of two ways. First, by escalating the certainty of punishment, potential offenders may be deterred…… [Read More]
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history.
According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of…… [Read More]
This study indicates that introducing new policing methods can be extremely problematic, (at least in the CMP organization), and that it can lead to dissention in departments and even in executive areas. It also shows a shift in overall thinking and governance to a more liberal outlook, both on crime and in the public, and it seems this shift is likely to continue. This seems to be a result of an overall shift in the public's awareness and needs in policing, and it should continue in the future. This seems to be continued in the public outcry and legislative response introducing legislation to get tougher on crime, as well.
Finally, the final article expresses the views of Canadians on three key issues: sentencing severity, the purposes of sentencing, and mandatory sentences of imprisonment. Canadians over the past 30 years have felt these issues are too lenient, and this continues, even…… [Read More]
To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that it has become some sort of entertainment. It is mostly featured in the prime time news as a mass magnet for news corporations which are business entities and would therefore; capitalize on the expectant audience it has attracted. A large proportion of the crime reported is usually projected as individual subversions rather than socially motivated misdemeanors. It is from this perspective that criminals are feared beyond their capability without proper dissemination of the causes leaving an audience that is always pregnant with political, or sexual related crimes as a form of entertainment than a source of crime prevention issues that would go a long way in making their neighborhoods safer.
This paper will delve into the three main parts; the study…… [Read More]
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated to be represented by "...experimental evaluations that make use of the random assignment of individuals to interventions and control groups..." (Mulhlhausen, 2009)
Mulhlhausen (2009) reports that randomized evaluations are of the nature that serve to "ensure that pre-progam differences between the intervention and control groups do not confound or obscure the true impact of the programs being evaluated." In addition, random assignment is stated to enable the evaluator in testing "for differences between the experimental and control groups that are due to the intervention and not to pre-intervention discrepancies between the groups. y drawing members of the interaction and comparison groups from the same source of eligible participants, these experimental evaluations are superior to other evaluations using weaker designs." (Mulhlhausen, 2009)…… [Read More]
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. hen this is done, the objective of defending civil liberties is served but the aim of finding the truth and shielding public safety are denied. The problem becomes what are the main concerns. The result is that criminal justice reforms have been a mixture of programs that serve dissimilar, often unequal, goals, leaving Taiwan's bench uncertain of what its objectives are and in what order they are to be pursued (Kennedy, 2003).
Another primary aspect of reform that seems to be forbidden is any contemplation of the costs of different criminal justice reforms. In the course of figuring out the new reforms there was never any cost analysis or cost projection done to find out what economic impact the new customized adversarial system or any of the other reform…… [Read More]
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…… [Read More]
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007).
Highly publicized cases that deal with the abduction, rape, abuse, and murder of young children have led federal and state governments to introduce new laws that require stricter punishments, requirements, and prohibitions for sex offenders. Increasingly rigorous and over-inclusive necessities for sex offenders are almost unanimously accepted and easy for legislators and politicians to support because they are popular among the general public. As Congress passes law after law cracking down on sex offenders, experts and officials question whether the requirements of those acts even work to achieve the goals of legislators (Farley, 2008).
The most recent act, the Adam Walsh Act (AWA), raises many questions as Congress again expands punishments and requirements of sex offenders. The AWA contains…… [Read More]
The strongest case in the criminal law annals for race-based affirmative action occurs in "drug possession offenses," Heffernan writes. The drug busts show "compelling evidence of discrimination against blacks," the author insists; moreover, he claims that many law enforcement personnel have admitted that they practice "a kind of affirmative action: they admit that they selectively enforce anti-drug laws in the black community." The justification for busting black people in the inner city is that "heightened enforcement is good for the community," and further, the reason so many African-American men are caught dealing drugs is that is much easier for police to find crimes among poor people -- this assumes that many blacks in inner cities are low income -- because poor people "are more likely to commit those crimes in public places" (Heffernan, p. 225).
All of the issues that Heffernan has referenced contribute to the reason that the…… [Read More]
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law.
4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA?
The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant…… [Read More]
Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice.
This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…… [Read More]
At the time that yrd was tried in 1985 DNA technology was not capable of forensic analysis of biological evidence however; in 1997 a comparison was conducted of yrd's DNA with the bodily fluid in the rape kit that had been collected at the time of the incident resulting in yrd's exoneration for this crime. The importance of proper preservation of biological evidence is highlighted in this case and not only for the purpose of obtaining a conviction but also for the purpose of ensuring that the wrong individual is not charged, found guilty and sentenced to prison for a crime that they did not commit.
VI. Most Common Applications of lood Evidence
The work of George Schiro entitled: "Collection and Preservation of lood Evidence from Crime Scenes" states that prior to the documentation and collection of blood evidence the value of the evidence must be recognized by the crime…… [Read More]
Hot Pursuit Policy
The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.
1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…… [Read More]
De minimus communication refers to occasional communication between defendants and jurors that would have no impact on the outcome of the case. Minimal communication like a hello or giving directions would not influence the case in anyway and this is allowed within the American legal system (Hess & Orthmann, 2009). This allows the defendants to not seem aloof or unfriendly to the jurors. Minimal communication is permissible and is at times unavoidable, and this rule ensures that one can have slight interactions with the jurors without it affecting their case. Unauthorized communication can affect the trial and result in a mistrial, but the law has recognized that it is not possible to avoid all contact especially with the jurors. This would ensure that greeting a juror or giving them directions does not result in a mistrial.
The discovery process is a formal process of exchanging information amongst the parties regarding…… [Read More]