Criminal Procedure ook Review
Criminal Justice Criminal
John Ferdico's Criminal Procedure for the Criminal Justice Professional
The purpose of this work is to thoroughly and comprehensively review the work of John Ferdico entitled "Criminal Procedure for the Criminal Justice Professional.
According to Ferdico the law of criminal procedure can be described as "rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens." Chapter One in Ferdico's "Criminal Procedure for the Criminal Justice Professional is in relation to the U.S. Constitution and the Individual Rights expressed in the ill of Rights. Ferdico states that these are the common working within every government that is not "totally authoritarian or anarchistic."
Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual.…… [Read More]
d.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a lesser sentence by the prosecutor in exchange for admission of guilt. Pre-trial conference involves discussions between the defense, prosecutor, and judge to ascertain the need for the case to go to trial. No Contest Plea is where the defendant accepts punishment without the formal admission of guilt while Not Guilty Plea is the claim of innocence by the defendant and Guilty Plea is admission of guilt by the defendant.
Similar to all criminal cases, Mr. Crook's case goes through various steps in the American Criminal Justice System. The legal authority that is used in presenting the advice to Mr. Crook is based on my knowledge…… [Read More]
The defendant is presented with a written accusation dealing the facts of the crime and his or her involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor or a police officer. If the defendant enters a not guilty plea, a date for trial is set. Bail is either set or the defendant is required to be detained, kept in jail until the trial. Bail could range from being "released on your own recognizance," in other words, you are on your honor to appear at the next hearing, to many thousands of dollars. When a higher amount of bail is set, a bail bondsman is often called to provide the bail payment in exchange for a fee and a lien against property, as collateral, of the defendant. If bail is posted, the defendant is released but must show up at the next hearing, or…… [Read More]
4. Identify what issues the judge would take into consideration when setting bond for John
Judges consider a number of factors as well as issue prior to setting bail. These factors include but they are not limited to the severity of the offense committed, John's ties to the community, his criminal record as well the probability of his absconding. The fact that John does not have any prior arrests could work in his favor. The judge may also want to determine whether John poses any danger to the community. In this scenario, John does not pose a major security threat to the community. This also enhances his chances of being granted bail. There are some grounds on which individuals can be released without having to provide bail. This is more so the case if such individuals happen to have close ties with the community. It is important to note that…… [Read More]
These may include dismissals and mistials, as well as appeals. The chapte details some of the notional elements aound double jeopady, including the situations in which same offense can be defined as such.
Gilbet Law Summaies on Ciminal Pocedue is anothe excellent book fom the Gilbet Law Summaies seies. The fist thing that needs to be mentioned is that this book comes as close as possible to being an ovely compehensive and exhaustive eview of ciminal pocedue. Although moe educed in size if compaed to some of the othe books in the seies, this manages to encompass notions anging fom competency to stand tial to the ight to confont witnesses and fom peliminay heaings to the applicable elements in case of a juvenile offende. Nothing seems to be left out, including some of the moe thony issues, such as the govenment's obligation to disclose infomation, which is also keenly…… [Read More]
Criminal Court System
Evolution and History of the Criminal Justice System:
When the British first colonized the Americas, they adopted their centuries' old "oyal Privy Council" as a judicial system, as a separate branch of government.
Prior to the American evolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method for mediating disputes between citizens of different colonies.
Between 1660 and 1775, the British doctrine of "Disallowance" fulfilled the role of Appellate eview, as we know it within the context of our contemporary judicial system, hearing appeals of lower (colony) court decisions. The disallowance tribunal also decided issues of conflict between the individual colonies, in the manner that modern American federal (and other appellate review) courts adjudicate contemporary issues between individual American states. (O'Connor, p.206)
In 1787,…… [Read More]
The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judge may interpret sentencing, procedure and rulings, there are still formal rules of law that provide for a basis for upholding the Constitution. In a given situation, for example, the Judge may have the discretion to put someone on parole, or sentence them from x-y months/years. Depending on the circumstances of the offense, and the offender's reputation, prior record, attitude of remorse, etc., a judge may "play with the" rules to a certain extent. Another way of thinking about this topic is that since individuals are different, there may be different circumstances that caused the commission of a crime, there may be levels of that crime (e.g. stealing a loaf…… [Read More]
The need for mental competency was most recently addressed by the Supreme Court in Indiana v. Edwards, a case that helped to reinforce these fundamental constitutional rights for mentally ill defendants. The research also showed, though, that the criminal justice system is faced with some profound challenges in conducting mental health assessments in a rapid manner due in large part to the multifaceted evaluation approaches that are involved as well as limitations on the availability of law enforcement resources. In the final analysis, though, establishing the fitness for trial for mentally ill defendants early on is in everyone's best interests, because it helps divert these individuals from the criminal justice stream to one where the healthcare resources needed to help these individuals regain competency can be achieved and scarce resources can be better applied elsewhere in the system.
Kertzman, S., Grinspan, H., Birger, M. & Shliapnikov, N. (2006). Simple…… [Read More]
Criminal Procedure, Section 3051, Professor Passante
4th Amendment Paper
Hypothetical Fact Pattern
Larry did not violate Kathy's Fourth Amendment rights. The Fourth Amendment does not confer a general right of privacy. Instead, it specifically protects people from certain types of government intrusion. Therefore, before one can claim that a Fourth Amendment violation has occurred, one first has to determine whether the government was responsible for the intrusion. Larry is a private security guard. There is no suggestion that Larry is employed by the government in any capacity. Moreover, the harm that Kathy experienced was purely a civil harm; her employer did not call the police but simply fired Kathy. There was no government action; therefore there was no Fourth Amendment violation.
Hypothetical Fact Pattern
Google did not violate the Fourth Amendment by providing Tiny's account information and digital copies of his emails. Google is not a government entity. While it…… [Read More]
Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evidence that is illegally obtained (without probable cause, etc.) must not be used when prosecuting defendant. The idea is that any issue, statement or evidence illegally obtained is "fruit of the poisoned" tree and denies Constitutional protections. The Defense of Entrapment rule allows the Court to dismiss a case against defendants who commit crimes because they were encouraged or enticed to commit them by law enforcement officers (amaha, 2008, pp. 335-6).
The five exceptions to the exclusionary rule are: 1) Collateral use allows illegally obtained evidence to be used in nontrial proceedings (bail hearings, preliminary hearings, etc.); 2) Cross-Examination may allow the prosecution to bring up illegally obtained evidence to impeach testimony; 3) Independent ource exlcusion…… [Read More]
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived with his mother, common-law wife, and siblings. hen the officers forced open the second floor door (Rochin's room) they found him sitting partially undressed on the side of the bed while his wife was lying beside him. On the night stand next to the bed the officers found two-capsules. hen the officers asked Rochin about the capsules, he grabbed them and put them in his mouth. Subsequently, trying to prevent him from swallowing said capsules, a struggle ensued, but the officers were unable to extract the materials. Rochin was then handcuffed and taken to a hospital. Once there, under the direction of the officers, the medical personnel forced…… [Read More]
Due Process and Crime Control Models
One simply cannot look at contemporary criminal procedure policy without seeing clearly the undeniable role that due process and crime control models has had and been able to influence. For instance the Fourth, Fifth, Sixth and Fourteenth amendments to the Constitution have had an undeniable influence on the criminal justice system, mostly via the form of ground-breaking cases which have undeniably been able to shape the way that the system functions. Together the values which act as a foundation for the due process of law and the model of crime control offer benefits to society, individuals inside and outside of the system, and the greater criminal justice system as a whole. In America, the dynamics of the due process of law zero in on the necessity of protecting legal and illegal individuals who function within the system and in society as a whole. "The…… [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]
The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).
Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.
The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of…… [Read More]
The Bible and criminal procedures
There are several instances where the Bible speaks about the criminal procedures as well as justice in the society. These verses in the Bible were given as guidelines towards ensuring the protection of the innocent from undue punishment and holding the criminals to account for their crime. The verses given in the prompt affirmed my belief and conviction of how the criminal procedures should operate in a civilized society.
In the first instance, the prompt outlines the significance of having witnesses in the course of handling a case. I am in agreement two scriptures on the importance of corroboration by witness testimonies and the need for a second witness to act as a validation or affirmation of the events that led to the crime as accounted for by the first witness in order to fairly convict an individual. Deuteronomy 17:6 further gives higher…… [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]
To the extent that crime is a function of larger social issues, it is unrealistic to expect those underlying social problems to be rectified by law enforcement efforts. Even with respect to specific incidence of criminal behavior, law enforcement authorities must address two competing interests that fall within the purview and responsibility of law enforcement.
Specifically, poverty, unwanted pregnancy, lack of educational and vocational opportunities, and perceived social "disenfranchisement" within communities contribute heavily to crime in those areas but none of those social factors are capable of being redressed directly by law enforcement authorities. Likewise, even within the realm of law enforcement responsibilities, emphasis on quality-of-life-oriented policing and crime prevention-oriented policing conflict with the goal of preventing crime in light of empirical evidence and anecdotal experience demonstrating that efforts directed at the former do not necessarily achieve the goals of the latter appreciably.
In that regard, directed police patrols and…… [Read More]
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general public is also much more significant than that of the police, which provides a lower level of occupational intra-organizational loyalty than might be found among police officers.
Court decisions are obliged to abide by the law. The issue is however complicated by the fact that the upreme Court is partial towards the power-wielding authority in the White House. This tends to detract from objectivity when making constitutional decisions. The issue is further complicated by the 9/11 attacks and other similar factors.
The devastating attacks during 2001 have not only influenced political power, but also the way in which this power was used to influence decisions by courts, the police, and individuals working within these…… [Read More]
Choices, controlled by fear are another core principle that advocates for fear inducement that will enable individuals keep away from crime. This principle supports three strikes legislation, since with a repetition of crime it comes with a severe judgment that enables first crime offenders fear and keep away from crime. Core principle of severity calls for a severe punishment on a violent crime and depending on the nature of crime. The theory supports three strikes legislation, since a repetition of violent crime faces severe charges than the first time (Siegel, 2010).
Criminal policy proposal
Criminal justice, over the years, has faced many challenges in administering proper justice. Drug and substance abuse and mental illness are examples of disorders that need to be corrected to minimize crime rates. Criminals who prove to be mentally ill or under the influence of drug or substance should be treated different from criminals who are…… [Read More]
e. height, weight, age, race, etc.), in connection with the investigation of specific criminal activity, that information allows authorities to narrow the search for individuals who match those identifying characteristics. The process is perfectly logical and obviously makes infinitely more sense than continuing to search for individuals who bear no resemblance to the descriptions provided by reliable sources.
However, the same legitimate techniques with respect to specific evidence of crimes also has a history of impermissible application in ways that deprive subjects of police investigation of their fundamental constitutional rights. For example, in the late 20th century, the U.S. Customs Service and the Drug Enforcement Administration both made extensive use of what they called "criminal indicators" in connection with their efforts to apprehend criminal drug traffickers as they attempted to enter the U.S. At the borders (Schmalleger, 2007).
Among other criteria, those sets of indicators including Hispanic origin and language,…… [Read More]
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…… [Read More]
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]
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule (Schott, 2006)..
Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of the accused with the need to preserve the admissibility of evidence when violations associated with its procurement do not rise to the level necessitating its exclusion. More than any other factor, this balance also allowed police the appropriate freedom to perform their assigned function of preventing crime, apprehending criminal suspects, and collecting evidence without having to compromise their ethics and violate their sworn oaths to do so effectively.
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed…… [Read More]
If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.
Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.
The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.
If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.
If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.
However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.
If the…… [Read More]
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…… [Read More]
While the subject's rationale for blaming his most recent victim for dressing provocatively may reflect "normal" (Macionis 2002) social conditioning (particularly among adolescent males), his complete lack of empathy (as distinct from responsibility or fault) is more consistent with pathological indifference and lack of empathy often observed in serial rapists and other sociopaths who display a clinical indifference to their victims (Gerrig & Zimbardo 2005).
Subsequent analysis will distinguish whether the subject's relative immature statements about the connection between video game violence and the real world are the result of low intelligence and delayed cognitive skills in the area of logical reasoning and responsibility or functions of repressed rage directed at all females.
viable intervention strategy must emphasize intensive psychological counseling to address the subject's past sexual victimization, the rage associated with it, and the direction of his anger at all females. Behavioral psychotherapy will be necessary to…… [Read More]
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…… [Read More]
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…… [Read More]
Criminal Justice System
Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.
Defining extrajudicial executions and deaths in detentions:
Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…… [Read More]
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…… [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]
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.
Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular…… [Read More]
Criminal Identification Procedures
The dawn of the twenty-first century has become the era of George Orwell's "1984." Technology that was found only in science fiction a few decades ago, is part of today's standards and procedures.
The world today is filled with cameras that can film an individual wherever he goes, his cell phone signal can pinpoint his location, and even one glance can reveal his true identity (Shenk 2003). Iris-recognition technology, soon to be common in places such as airports, offices, and banks, will simply scan an individual's eyes to reveal his idenity (Shenk 2003). Many feel that in this post-9/11 landscape, there is a serious need for these high-tech tools to help detect money laundering, encrypted e-mails, bio-weapons, and suitcase nukes (Shenk 2003).
Poseidon, a new electronic surveillance system, is a network of cameras that feeds a computer programmed to use a set of complex mathematical algorithms to…… [Read More]
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]
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…… [Read More]
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]
Criminal Justice Career
How will this new terminology and knowledge apply to a career in criminal justice?
Criminal justice is seen as the practices, system and the concerned government institutions that are focused on implementing social control, participating in crime mitigation and sanctioning the law violator by imposing penalties and rehabilitation programs. It covers the private sector, the pubic sector, NGOs, state and the local governments as well (Oregon Laws, 2007). To handle effectively such a wide spectrum of departments with professionals without a chance foe making the wrong interpretation of the law once needs to be well equipped with the legal terms.
How can not knowing the proper terminology affect you as you conduct criminal justice research?
When one lacks the proper terminology in the criminal justice, this can be a fundamental barrier in the execution of duty and definition of the offences committed as well as interpretation of…… [Read More]
Whether one is a survivor of violent crime or dealing with financial crime victimization, it is vital to recognize that all victims experience some type of loss. While there are different kinds of losses, each can be intense, depending upon the viewpoint of victims and survivors (Victims of Crime Overview, 2012). There appear to be two different views on how victims should deal with being a victim of a crime. One view says that victims of crime should rely on the criminal justice system in order to deal with their victimization while the other view says that victims of crime should rely upon private support and insurance payments to deal with their victimization.
Those who believe that the criminal justice system should contribute to helping victims believe that helping the victim to cope is the responsibility of all of society. Law enforcement agencies, courts, and correctional and…… [Read More]
Ciminal Justice - Reseach Methods
Soucebook of ciminal justice statistics Online
Respondents' concen ove effects of illegal immigants
Gallup, Inc., The Gallup Poll [Online]. Available: http://www.gallup.com/poll/
127649/Ameicans-Value-Aspects-Immigation-Refom.aspx [June 16, 2010].
Table adapted by SOURCEBOOK staff.
Oveall, the suvey espondents indicate substantive concens with the pesence of illegal immigants in the U.S. Thee items elate to the oveall question: (1) Unfai buden on U.S. schools, hospitals, and govenment; (2) Encouages othe immigants to move hee illegally; (3) Low wages eaned by illegal immigants educes oveall wages paid to Ameican wokes. The oveaching question is how concened espondents ae fo each of the items, and the highest anking item was elated to the unfai buden immigants place on schools, hospitals, and govenment. Fo all thee items, thee is significant diffeence in the pecentage of esponses unde vey concened vs. unde somewhat concened. A majoity of U.S. citizens ae vey concened about…… [Read More]
However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake of maintaining cover. y understanding the often conflicting nature of these goals, deception and integrity, we can see how an undercover officer can become confused, lost, and susceptible to temptation (i.e. criminal behavior).
y examining both aspects- environmental factors and personality factors- we take into account both sides of a complex relationship. These two groups of factors, when combined together, shed some light on the exact nature of criminal tendencies amongst police officers.
Definition of Terms
Covert: another term for undercover, meaning the use of deception for the purpose of gathering information or intelligence.
Non-covert: police officers that, even in plain clothes, maintain their own true identity instead…… [Read More]
In that regard, unofficial policies are communicated informally and reinforced by peer pressure as well as various negative consequences ranging from social ostracism to outright harassment and intimidation by threat or innuendo referencing the importance of solidarity among fellow officers who are responsible for each other's safety on the job.
Improving the Effectiveness of Communications within Police Departments:
One of the problems identified within police agencies is the purposeful withholding of information by superior officers as a means of ensuring (or increasing) their perceived value within the organization (Schaffer 2008). Countering this tendency effectively requires a two-pronged approach that includes (1) establishing objective criteria for advancement based on the performance and improvement rate of supervisees, and (2) conducting inventories of the degree to which supervisors disclose relevant information to all recipients whose performance may be affected negatively by withholding information for selfish purposes.
Eliminating the established dynamic represented by the…… [Read More]
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) have taken on a much more philosophical approach to juvenile delinquency, supporting a Confucian style structure of education and support, one that works toward educating children to become part of the larger social collective (p. 965). In this environment, children are encouraged to become more socially aware and to self-regulate, often given the opportunity to reform before they are punished for wrongdoings.
This conflicts sharply with juvenile delinquency programs and structures elsewhere in the world. In Australia, juvenile delinquency is often associated with being a member of a juvenile gang, which is defined as "youth hanging out on the streets with gang activity" or street activity that has the potential to lead to mischievous behaviors (Duffy &…… [Read More]
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) earch Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the rights of citizens unless or until the other constitutional protections against unlawful arrest have been satisfied. In practical terms, lawfully arrested persons cannot be permitted to enter into the custody of the state without first ensuring that they are not in possession of weapons or other contraband.
(2) earch by Consent permits police to conduct searches of persons or property if they first obtain consent from subjects of those searches. Technically, consent obtained must be given freely and voluntarily and…… [Read More]
A researcher must limit the number of external and internal variables outside of the study variable that could affect the outcome of the study.
What are the disadvantages to the classic experiment?
The primary disadvantage of an experiment is that the controls imposed by a researcher to control for rival causation may create artificial conditions that alter the ability for the results of the study to be generalized to other populations. This is known as artificiality. Other disadvantages include difficulty in mimicking real-life situations in experimental situations, difficulty in retaining subjects, increased ethical considerations, researcher bias, higher risks to internal and external validity, and more difficult generalization of findings.
Differentiate between probability sampling and non-probability sampling.
Probability sampling refers to samples that permit estimation of the likelihood of each element of the population being selected in the sample. These include simple random samples, where each element has an equal likelihood…… [Read More]
Other specific risks to patrol officers, including those operating in pairs, include standard procedures suggested by past studies of the circumstances in which attacks on officers have occurred. For example, interviews with prisoners who assaulted officers during their arrests disclosed that many such attacks were initiated by the subject upon realization that their arrest was imminent. In many cases, it was the radio transmission alerting the officers of the subject's wanted status that was overheard by the subject.
Effective risk management in this regard led to the use of police codes, both for the officer to alert dispatch that the subject was in hearing range, and also for police dispatchers to advise officers as to the subject's status without alerting the offender simultaneously (Sweeney, 2005).
Likewise, other specific risks associated with the policing and correctional environment are effectively reduced by the application of risk management principles, including the prohibition of…… [Read More]
They prepare a holding statement for the media if necessary. They must record everything they survey and assess. They assume interim control of investigation. They should take photos of the scene. Following investigation, they then contact all necessary officials and make a report.
Explain fingerprints and palm prints, the three possible findings, and their value person can be positively identified through their fingerprints. Fingerprints and palm prints are relied on for (1) verifying a person's identity and linking them to a criminal history or other background check records. Fingerprints and palm prints are (2) collected as evidence at crime scenes and used as evidence. They are also used in (3) processing persons through the criminal justice system, as a fingerprint is unique and cannot be passed to another, or assumed, as a name may be. Fingerprints may positively identify a person taken into custody when the person arrested claims 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]
Criminal Justice -- Research Method & Theory
British Crime Survey (BCS) Review
The survey I reviewed is from primary research that provided a transcript for an interview, presumably to use in a face-to-face interview -- there are directions for showing cards to the respondents that give them a change to read response options and choices. Demographic data was collected at the beginning of the survey either to act as a screener or because it is essential to the data collection -- having this information at the start of the survey ensures that the interview will not conclude or be aborted without collecting this information. Demographic data tends to be categorized, which provides quantitative data analysis capability. A fairly consistent use of a 5-point Likert scale is used to record participants' responses. In other places, respondents are asked to choose from a list of distinct responses or simply answer yes or…… [Read More]
Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.
Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…… [Read More]
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006).
Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch groups in response to "non-sensitive" security data that would help them better protect their community and collaborate with law enforcement agencies (Farber, 2006, p. 110).
Before a hearing is set, a judiciary authority should be appointed along with a trained criminal justice psychologist to determine what factors contributed to the criminal activity, the severity of criminal activity and whether prosecution is warranted, or whether rehabilitative measures would prove more helpful in the long-term. A meeting should be established where the…… [Read More]
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…… [Read More]
Horizontal communication is the proverbial 'grapevine' of information, such as gossip between partners. The exchange of information through horizontal channels can impact morale, but not always department policy, at least not as swiftly as in downward or even upward modes of communication. Also, although the power relationships between officers of the same rank may theoretically be clear-cut, this is not always the case -- popularity and reputation can influence the degree to which information is given credence through these horizontal channels. A popular officer who frowns upon racial profiling, for example, will have more influence than an officer who is widely disliked.
Frustrations about not being heard through the channels available in the upward communication process, or miscommunication of message or emotional intention in the downward communication process are common and frequently create interpersonal obstacles that hamper positive change and efficient operations. Confusion may also be rife if there are…… [Read More]
Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice.
This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…… [Read More]
Criminal Justice Issue
As a police detective, I handle the majority of homicide investigations with my partner, Officer X (X). We are investigating the brutal beating, rape and assault of a woman in our community who is now in a coma. Earlier that evening, officers responded to a complaint that a gang of young men were assaulting residents and two members of the gang, 14 years of age, were arrested. X interviewed both in separate rooms. We found that they had previous records for robbery and assault. X reports that both confessed and the case is closed. However, the case has reached national prominence due to the circumstances. A conviction will vindicate the police, but there are proprietary questions of Constitutional ights, Policy, and ethics that are bothering me and forcing an ethical decision.
Major Ethical and Legal Dilemmas:
The youths were 14, minors, and entitled to have parents or…… [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]
Criminal Justice esearch
Torres, A.N., Boccaccini, M.T., and Miller, H.A. (2006). Perceptions of the validity and utility of criminal profiling among forensic psychologists and psychiatrists, American Psychological Association, 37 (1), 51-58.
Study purpose, research topic, and research questions. This research explores the perceptions of forensic psychologists and psychiatrists in regard to the utility and validity of criminal profiling. It is important to first establish a clear definition of the key term used in this research: Criminal profiling. The definition of criminal profiling in this research is not the same as in the vernacular. The authors discriminate forensic criminal profiling as the use of "behavioral evidence left at a crime scene to make inferences about the offender, including inferences about personality characteristics and psychopathology" (Torres, et al., 2006, p. 51). From the literature (Davis & Follette, 2002), the authors overly the simplest of definitions: "…profiling is simply the postdiction of behavior;…… [Read More]
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…… [Read More]
Leadership in criminal justice or private security organizations requires special skills, and presents unique challenges. The most important attributes for leaders in any criminal justice or security organization include integrity, trustworthiness, competence, swiftness in decision making, ability to be humble, and also the ability to be courageous (McCallum, n.d.). In addition to these traits, leaders in criminal justice are ideally visionary, with strong communications skills and loads of self-confidence to face the specific challenges the field entails. Criminal justice presents special legal and political challenges that are distinct to the profession, and this is also true for private security work. Likewise, the hierarchical nature of many criminal justice organizations makes it so that conflict and power may constrain a leader's ability to act justly. Therefore, criminal justice leaders can learn from observing what successful leaders have done in the past and apply that to their current careers.
There…… [Read More]
They use the one-way system of communication. Such communication implies that they do not consult with the other members of the organization on critical issues that affect organizational performance. Autocratic leaders consider employee motivation to arise from the provision of structures rewards and punishments. They perform their tasks by using threats and punishment to evoke fear among the employees. In addition, these leaders focus on dealing with their assigned duties rather than developmental activities. Autocratic leadership is undesirable for the organization because it does not focus on empowering the junior followers and fails to recognize their varied personal and professional needs (Mary & Peter, 2014).
Democratic leadership is defined as the leadership that takes into consideration the opinions of the employees for decision-making. A democratic leader emphasizes on great participation of the employees and the other stakeholders in decision-making. They constantly seek other people's views on the actions adopted by…… [Read More]
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of…… [Read More]