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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.…
Deborah E. Larbalestrier (1986) Paralegal Practice and Procedures: A Practical Guide for the Legal Assistant Second Ed. Prentice-Hall, Inc. NJ
Frank v. Mangum, 237 U.S. 309, 335, 35 S. Sup. Ct. 582-590 (59L.Ed .96 9) Findlaw: Case Search Engine
Ferdico, John (2004) Criminal Procedure for the Criminal Justice Professional
Findlaw: Caselaw Search Engine
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…
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…
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…
Neubauer, D.W. & Fradella, H.F. (2010). America's Courts and the Criminal Justice System (10th ed.). Belmont, CA: Cengage Learning.
Samaha, J. (2011). Criminal Procedure (8th ed.). Belmont, CA: Cengage Learning.
Siegel, L.J. (2008). Criminology (10th ed.). Belmont, CA: Cengage Learning.
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…
references to Valid Warrantless Searches, the Approach to Admissibility of Defendant's Confession or the Summary of Preliminary Hearings. All such charts are in fact a readable summary of the given element for discussion and something that comes in very handy when you are dealing with a big amount of difficult information that needs to be understood and processed by the reader. Some of these summaries are also very graphically intuitive, such as the chart with the components of the confrontation right.
In the same category of learning instruments, one could also include the capsule summary, which is, in fact, a more detailed summary of each of the chapters' content. This is important, because it helps the user better understand the type of information that is included in each place in the book and also determine whether the respective information, in detail, is what is required for his or her particular moment of study.
It is also a reasonably well detailed informational capsule: for example, the capsule summary for the chapter with constitutional principles and the bill of rights starts with a definition and brief description of the amendments that are important for criminal procedure. This is helpful as a summary of the summary, a way to have a very synthetic presentation of the information in the book at a very introductory stage.
An additional point should be made on the organizational structure of the book and the way each chapter seems to flow from the precedent one in a very logical and useful manner. This is especially relevant in some of the chapters in the middle of the book that detail the pretrial, trial and post-trial (punishment) proceedings.
All this is really helpful both in terms of providing assistance for the reader in identifying the relevant parts that he or she may want to skip right through to, as well as simply allowing the information to be logically structured and contained in a manner that is much easier to understand and to take in by the reader.
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)
Ferdico, J.N. Criminal Procedure for the Criminal Justice Professional
8th Ed. Belmont, CA: Wadsworth (2002)
O'Connor, S.D. The Majesty of The Law: Reflections of A Supreme Court
Justice; New York: Random House (2003)
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…
Drizin, S., & Leo, R. (2003-4). The Problem of False Condessions in the Post-DNA World. North Carolina Law Review, 82(2), 891-4.
Kassin, S. (2008). Confession Evidence: Commonsense Myths and Misconceptions. Criminal Justice System, 35(1), 1309-22.
Oberholtzer, J. (2012, July 17). Stop-And-Frisk by the Numbers. Retrieved from Forbes: http://www.forbes.com/sites/jasonoberholtzer/2012/07/17/stop-and-frisk-by-the-numbers/
Olson, S. (2001, October 24). Patriot Act Draws Privacy Concerns. Retrieved from CNET Networks: http://news.com.com/2100-1023-275026.html
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…
Kertzman, S., Grinspan, H., Birger, M. & Shliapnikov, N. (2006). Simple real-time computerized tasks for detection of malingering among murderers with schizophrenia.
The Israel Journal of Psychiatry and Related Sciences, 43(2), 112-114.
Larrabee, G.J. (2005). Forensic neuropsychology: A scientific approach. New York: Oxford
Mathias, D. (2008). Difficult people. Criminal Law Blog Developments in Leading Appellate
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…
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…
Sources (cited or consulted):
Enderle, Rob. (April 19, 2004). Fighting Terrorism Through Technology. Tech News
World. Cited in: http://www.technewsworld.com/story/33460.html
Olson, Stefanie. (October 24, 2001). Patriot Act Draws Privacy Concerns. CNET
Networks. Cited in: http://news.com.com/2100-1023-275026.html
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…
WORKS CITED AND CONSULTED
Hubbar, P. (2006). Making Sense of Search and Seizure Law. Durham, NC: Carolina Academic Press.
Hudson, D. (2002). The Fourtheenth Amendment: Equal Protection Under the Law. Boston, MA: Enslow Publications.
Keith Jacobson v. United States, 503 U.S. 540 (U.S. Supreme April 6, 1992).
People vs. ROchin, 101 CA2D 140 (Caflironia Appellate Court Second District Division 3 December 12, 1950).
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…
Limbaugh, S. (2010, August 2). Due Process and Crime Control. Retrieved from yahoo.com: http://voices.yahoo.com/due-process-law-crime-control-6516692.html
Misha, Y. (2005). Analysis of the Crime Control and Due Process Models. Retrieved from Yahoo.com: http://voices.yahoo.com/analysis-crime-control-due-process-models-11108.html?cat=37
Perron, B. (2013). Crime Controls and Due Process Models. Retrieved from defenseinvestigator.com: http://www.defenseinvestigator.com/article10.html
Criminal Procedure Law
This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country.
Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed…
Adlerstein, Jo Anne C. "Felony-Murder in the New Criminal Codes." Am. J. Crim. L. 4 (1975): 249. Web.
Bubany, Charles P. "Texas Penal Code of 1974, The." Sw. LJ 28 (1974): 292. Web.
HEALTH AND SAFETY CODE, § CHAPTER 481-Sec. 481.001.-Sec. 481.354. (2013). Web.
Miller, Emily L. "(Wo) manslaughter: Voluntary Manslaughter, Gender, and the Model Penal Code." Emory LJ 50 (2001): 665. Web.
The 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…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall
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…
Cornell University law School, (2015). Self-Incrimination. Retrieved February 24, 2014 from https://www.law.cornell.edu/wex/self-incrimination
New internation Version. Exodus 20:16. http://biblehub.com/exodus/20-16.htm
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…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
Friedman, a. (2005). A History of American Law. New York: Touchstone.
Kaveny, C. (2008). Justice or vengeance: is the death penalty cruel and unusual?
Commonwealth; Feb 18/08.
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…
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…
Bibas, Stephanos. (2005, Nov). Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants? Georgetown Law Journal. FindArticles.com: http://findarticles.com/p/articles/mi_qa3805/is_200511/ai_n16013090
Clayton, Cornell W. (2006, June). Politics of Criminal Justice. Georgetown Law Journal. FindArticles.com:
Harrison, Stephen J. (1998) Police Organizational Culture: Using Ingrained Values to Build Positive Organizational Improvement. http://www.pamij.com/harrison.html
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…
Davies, G.A. (2012). Forensic Psycholgy: Crime, Justice, Law, Interventions. London: John Wiley and Sons.
Landsberg, G. (2002). Serving Mentally III Offenders: Challenges and Opportunities for Mental Health Professions. Chicago: Spring Publishing Company.
Roth, M. (2010). Crime and Punishment: AHistory of the Criminal Justice System. London: Cengage Learning Publishers.
Shute, S.A. (2002). Criminal LawTheory: Doctrines of the General Part. Chicago: Oxford University Press.
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,…
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Peak, K. (2002) Policing America: Methods, Issues, Challenges (Third Edition). New Jersey: Prentice Hall.
Schmalleger, F. (2007). Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
U.S. Institute of Justice and Inter-university Consortium for Political and Social Research (1999) Police-Public Contact Survey; Academy of Criminal Justice Sciences; Mar 2004
Criminal Justice -- Sentencing and Analysis
Courtney Elizabeth Hernandez was indicted for kidnapping. Her case was handled in the Circuit Court for the Western District of Texas. Based on her attorney's advice, she accepted a plea bargain, pleading guilty to kidnapping. The normal sentence for kidnapping in Texas is 10 years in prison; however, Hernandez was sentenced to 15 years in prison, along with other punishments.
According to a plea bargain in which Defendant Courtney Elizabeth Hernandez pleaded guilty to kidnapping, she received a sentence of 15 years in Federal prison, and then three years of supervised release, plus she is order to pay $3,000 in restitution for the kidnapping of the 2-1/2-year-old girl (Federal Bureau of Investigation, 2010).
The Victim's Role in Sentencing
The 2-1/2-year-old girl is too young to participate in the sentencing process; however, her mother can participate. There is no indication that the mother…
Procedure after Sentencing and Possible Appeal
After sentencing, Hernandez would be taken into custody (if not already in custody) and handed over to the custody of the Federal Corrections Department to begin her sentence. Hernandez entered her plea in the Western District of Texas (Federal Bureau of Investigation, 2010), so her appeal would go to the U.S. Court of Appeals for the 5th Circuit, which is the appellate court with jurisdiction over the Western District of Texas (United States Court of Appeals for the Fifth Circuit, 2012, p. 9).
In order for Hernandez's appeal to be granted, Hernandez would have to show that something was materially wrong procedurally or substantively in the lower court and that her plea, her sentence or something else about her case should be overturned or sent back to the lower court for further action. That covers a lot of ground and many different arguments might be successfully made to the appellate court. For two examples: Hernandez might argue that she had ineffective assistance of counsel because her attorney had her accept a plea with
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…
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…
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed September 15, 2007, at http://www.soc.umn.edu/%7Esamaha/cases/cloud_dirty_secret.html
Foley, M. (2000) U.S. Department of Justice, Police Perjury: A Factorial Survey. Accessed, September 15, 2007, at http://www.ncjrs.gov/pdffiles1/nij/grants/181241.pdf
Hendrie, E. (1997) FBI Law Enforcement Bulletin, the Inevitable Discovery Exception to the Exclusionary Rule. Accessed September 15, 2007, at http://www.fbi.gov/publications/leb/1997/sept697.htm
Raymond, M. (1998) St. John's Law Review; Police Policing Police: Some Doubts.
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.
Crime and Justice Volume II: The Criminal in the Arms of the Law, Edited by Sir Leon Radzinowicz and Marvin E. Wolfgang (1977). Basic Books Publishing.
Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication (4th Edition)(2006). Lexis-Nexis.
Larry J. Siegel, Introduction to Criminal Justice (12th Edition) (2010) Cengage Learning.
Bryan a. Garner, Black's Law Dictionary (8th Edition) (2004). Thomson West.
Adverse circumstances and heated verbal attacks by angry citizens sometimes triggers a (natural) response on the part of police officers to respond in kind, or, at the extreme, with verbal abuse in the form of threats to use their lawful powers of arrest for intimidation purposes where, in fact, any such use of arrest powers is unlawful under the given circumstances.
Typical examples with potential to trigger verbal abuse by police would include responding to members of the public who are indeed complying with a lawful order to disperse, or to vacate a specific area, but who do so while expressing their verbal disagreement or displeasure with the officer's command. They may even choose to insult the officer personally, but provided their actions do not constitute a threat to the officer or a refusal to obey his lawful orders, and as long as their manner of expression does not constitute…
Geeting, J. (2005) the Badge: Thoughts from a State Trooper.
Indian Wells: Mckenna
McCauley, R. (2005) Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; the FBI Law Enforcement Journal. Vol. 74 No.11 Montgomery, D. (2005) Perspective: Excessive Force 101; the FBI Law Enforcement Journal. Vol. 74 No.8 Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
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…
Gerrig, R., Zimbardo, P. (2005) Psychology and Life 17th Edition. Boston: Allyn & Bacon
Innes, B. (2007) Serial Killers: The Stories of History's Most Evil Murderers. London: Quercas
Macionis, J.J. (2002) Sociology. New Jersey: Prentice Hall
Packer, Herbert, L. (1968) the Limits of the Criminal Sanction. Stanford University Press.
TV Criminal Procedure
Fluffy, unrealistic, demeaning, biased against the routine nature of many of the professional activities that can be expected if one chooses a criminal justice career: This is what reviewers of television shows on law enforcement and the courts of say. But time and again, Hollywood returns to these formats to give the public the chance to love and hate the pursuit of justice. There is probably no way around this because the ends and means of criminal justice will always be in conflict, and that can make for good entertainment.
For the most part police and law enforcement personnel get the best representation as pursuers of right and security, except for when there is a bad guy from these offices, in which case the shows demonstrate how these people hurt their fellow good guys. Somewhat of a change has occurred by the making of more entertaining defense…
Admin (2011). Are criminal justice TV shows full of fluff? A one-sided depiction of criminal justice careers. Viewable at http://www.uscollegesearch.org/blog/resource-articles/criminal-justice-info/are-criminal-justice-tv-shows-full-of-fluff.
Weyenburg, M. (2011). 25 Best & Worst Legal TV Shows. Law School Podcaster: Your guide to law school. Viewable at http://www.lawschoolpodcaster.com/2011/05/27/25-best-worst-legal-tv-shows/
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…
Criminal Justice System
Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.
Defining extrajudicial executions and deaths in detentions:
Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…
Ackerman, S.R. (n.d.). Independence, political interference and corruption. Retrieved from: http://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CB8QFjAB&url=http%3A%2F%2Fresources.transparency.bg%2Fdownload.html%3Fid%3D674&ei=nmSFVJjfJsX3UIzXgpAL&usg=AFQjCNG3iXhyvEpGajwTxpO_2SO2oFiECw&sig2=qZhx2nM7AmhxVKqpdVdtOA&bvm=bv.80642063,d.d24
BAR Human Rights Committee of England and Wales. (2010). A Place in the Sun Zimbabwe: A Report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September. Retrieved from: www.barcouncil.org.uk/media/144602/7351_bhrc_zimbabwe_report.pdf
Barkow, R.E. (2008). Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law. Stanford Law Review 61, 869-922.
Barzelay, M. (1992). Breaking through bureaucracy. Berkeley: Univ. Of CA Press.
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…
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…
Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_procedure
Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank: http://law.jrank.org/pages/6315/Due-Process-Law.html
Fifth Amendment. (n.d.). Retrieved from Cornell University Law School: http://www.law.cornell.edu/we/fifth_amendment
Procedural Due Process. (n.d.). Retrieved from University of Missouri: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.
Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular…
"Court Procedures." United States Courts Web Page. Retrieved from http://www.uscourts.gov/FederalCourts.aspx
"Criminal Justice System - Structural and Theoretical Components of Criminal Justice Systems, The Systems in Operation, The importance of Viewing Criminal Justice as a System." Retrieved from Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System
Kaiser, Frederick. (2003). American National Government: An Overview. CRS Report for Congress. Retrieved from http://www.fas.org/sgp/crs/RS20443.pdf
"Federal Courts." United States Courts Web Page. Retrieved from
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…
Shenk, David. "Watching you the world of high-tech surveillance."
National Geographic. 11/1/2003.
Udall, Morris K. "Criminal Justice New Technologies and the Constitution:
Chapter 2 Investigation, Identification, Apprehension." U.S. History. 9/1/1990.
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…
Criminal Justice. (n.d.). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil y_legal_guide/chapter_14.authcheckdam.pdf
Criminal Justice System Handbook. (2009). Retrieved from http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml
Criminal Justice Process. (n.d.). Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf
Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…
Matthews, D. And Ruzicka, K. (2000) Proposition 21: Juvenile Crime. Capital Center for Government and Law Policy - California Initiative Review. March 2000 initiatives - Proposition 21. Pacific McGeorge School of Law. Online available at http://www.mcgeorge.edu/government_law_and_policy/california_initiative_review/march_2000/ccglp_cir_march2000_prop_21.htm .
McKim, J.B. And Rhor, Monica (2007) Justice by Geography (Orange County Register) 3 June 2007. Online available at http://dist08.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7BE917F382-8B46-4C4E-976E-64261965F209%7D&DE=%7BCA01ACE7-2B51-4E14-8DE4-3C7CC3E4DDFB%7D
Governor Scwarzenegger Endorsees Senator Feinstein's Comprehensive Gang Legislation. (2007) United States Senator Dianne Feinstein California. 20 March 2007. Online available at http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=7189577e-cc9b-d379-16f3-c9194d249b56&Region_id=&Issue_id=
Velasquez, N. (2007) L.A. City Attorney Delgadillo Establishes New Policy Regarding Gang Injunction Violations: New Policy Enables Check of Convicted Gang Injunction Violators' Residency Status. 5 April 2007. Online available at http://www.lacity.org/atty/index/attyindex56044369_04052007.pdf .
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.
The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.
Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme . (1998, Dec…
Criminal Law Lawyer Source. (2009). Search Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm
Rice, Beverly. (2009). When can the police stop and frisk you on the street? Supreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html
Walker, Jayme S. (1998, Dec 1). Moving and touching stowed or checked luggage: Fourth Amendment considerations. The FBI Law Enforcement Bulletin. http://www.encyclopedia.com/doc/1G1-53590199.html
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…
Cambridge Dictionary Online (2011). Research: Definition. Retrieved May 21, 2011 from http://dictionary.cambridge.org/dictionary/british/research_1
CDC (2011). Differences Between Qualitative and Quantitative Research Methods. Retrieved May 21, 2011 from http://www.orau.gov/cdcynergy/demo/Content/phase05/phase05_step03_deeper_qualitative_and_quantitative.htm
Chris Williams, (2009). Scientific Research and Quantitative Research. Retrieved May 21, 2011
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…
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…
Choo, A., and Mellors, M. (1995) Undercover Police Operations and What the Suspect Said (Or Didn't Say). Web Journal of Current Legal Issues, Blackstone Press, University of Leicester. Web site: http://wenjcli.ncl.ac.uk/articles2/choo2.html
Girodo, M. (1985) Health and Legal Issues in Undercover Narcotics Investigations: Misrepresented Evidence. Behavioral Sciences and the Law, 3(3),299-308.
Girodo, M. (1991) Drug Corruption in Undercover Agents: Measuring the Risk. Behavioral Sciences and the Law, 9, 361-370.
Girodo, M. (1997) Undercover Agent Assessment Centers: Crafting Vice and Virtue for Impostors. Journal of Social Behavior and Personality, 12(5), 237-260.
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…
Grubb, R., Hemby, V. (2003) Effective Communication for Criminal Justice Professionals. New York: Little, Brown & Co.
Linsky, M., Heifetz, R. (2002). Leadership on the Line. Boston, MA: Harvard Business School Press.
Schafer, J. (2008). Effective Police Leadership: Experiences and Perspectives of Law Enforcement Leaders; FBI Law Enforcement Bulletin, Vol. 77, No. 7, pp. 13-19.
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) have taken on a much more philosophical approach to juvenile delinquency, supporting a Confucian style structure of education and support, one that works toward educating children to become part of the larger social collective (p. 965). In this environment, children are encouraged to become more socially aware and to self-regulate, often given the opportunity to reform before they are punished for wrongdoings.
This conflicts sharply with juvenile delinquency programs and structures elsewhere in the world. In Australia, juvenile delinquency is often associated with being a member of a juvenile gang, which is defined as "youth hanging out on the streets with gang activity" or street activity that has the potential to lead to mischievous behaviors (Duffy &…
Duffy, M.P. & Gillig, S. (2004). Teen gangs: A global view. Westport: Greenwood Press.
ICMBA. (2007). American Legal System. Internet Center for Management and Business
Administration, Inc. QuickMBA.com. Retrieved 22, May, 2007:
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…
Akers, R.L. And Sellers, C.S. (2004). Criminological Theories: Introduction,
Evaluation, and Application. California: Roxbury Publishing Company.
Schmalleger, F. (2009) Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
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…
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…
Buerger, M., Levin, B. (2005) the Future of Officer Safety in an Age of Terrorism. The FBI Law Enforcement Bulletin; Vol. 74 No. 9, (pp. 2-8).
Larsen, R. (2007) Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.
Sweeney, E. (2005) the Patrol Officer. FBI Law Enforcement Bulletin; Vol. 74 No. 9, (pp. 14-21).
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…
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…
Bulzomi, M.J. (2006) Police Intervention Short of Arrest.
FBI Law Enforcement Bulletin 17(11), 26-32.
Mills, J.S. (1859) On Liberty.
Indianapolis: The Bobbs-Merrill Company, Inc. (1956)
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…
Dershowitz, a. (2002) Why Terrorism Works.
New Haven: Yale University Press.
Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.
New York: Little Brown & Co.
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…
American Law and Legal Information. (n.d.). Criminal justice system, structural and theoretical components of criminal justice systems, the systems of operation, the importance of viewing criminal justice as a system. American Law and Legal Information. Crime and Justice Volume 1. Accessed 22, May, 2007:
Specifically, police tactical policy must outline criteria for the use of every tool and every technique authorized for use by officers.
Effective policy and procedure management also includes indirect methods of minimizing the potential need for increased levels of force. For example, a lone officer typically faces situations that allow for fewer options in force escalation, particularly where the officer is outnumbered by subjects or suspects (Pinizzotto, Davis, & Miller, 2007). Therefore, some of the simplest but most effective administrative methods of minimizing the necessary use of force include assigning officers in pairs and establishing protocols detailing response and backup procedures corresponding to specific types of tactical situations or calls for service (McCauley, 2005). Training is essential for effective UOF control in modern policing, because stress and the perception of danger naturally detracts from decision making. epeatedly exposing officer candidates and cadets to simulated tactical situations in training ensures the…
McCauley, R. (2005). "Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns." The FBI Law Enforcement Bulletin; Vol. 74
No.11. Montgomery, D. (2005). "Perspective: Excessive Force 101." The FBI Law Enforcement Bulletin; Vol. 74 No.8. Pinizzotto, a., Davis, E, Miller, C. (2007). "The Deadly Mix: Officers, Offender, and the Circumstances that Bring them Together." The FBI Law Enforcement Bulletin;Vol. 76 No.1. Schmalleger, F. (2008). Criminal Justice: Introductory Text for the 21st Century.
Princeton, NJ: Pearson.
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…
McKinney, C. (2008). Communication within a criminal justice system.
Retrieved September 7, 2009 at http://www.associatedcontent.com/article/646603/communication_within_a_criminal_justice_pg2_pg2.html?cat=17
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)…
Felson, R. et. al. (August 2002). Reasons for reporting and not reporting domestic violence to the police. Criminology, Vol. 40, Issue 3.
Felson et. al.'s research utilized the National Crime Victimization Survey as its primary instrument in determining, assessing, and measuring the factors that lead to reporting (or not reporting) incidences of domestic violence. Survey findings show that there are three primary factors that are significantly relevant in inhibiting victims to reporting domestic violence to the police: "the desire for privacy, the desire to protect the offender ... And fear of reprisal."
The NCVS survey findings illustrate how the prevalence and continuous occurrence of abuse and domestic violence, especially among females, is still a social problem that needs unwavering attention by the government and civil society. New findings such as hesitance of male victims to report on their victimization reflect the changing nature of domestic violence in American society. In the same way that females need protection through the dissemination of proper and useful information about domestic violence, males are also in need of protection as well. Another important implication of the study is the changing nature of the respondents' (victims) concept of domestic violence, which varies significantly across gender.
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…
Eckholm, Erik. (2010). Congress Moves to Narrow Cocaine Sentencing Disparities. The New
York Times (p. a-16). Retrieved February 2, 2011, from General Reference Center Gold.
Heffernan, William C., and Kleinig, John. (2000). From Social Justice to Criminal Justice:
Poverty and the Administration of Criminal law. New York: Oxford University Press U.S..
Some attorneys simply seem to enjoy outrageous conduct when it comes to proving the innocence of their client, and some simply relish the feeling of power they have in the courtroom environment. Giving attorneys too much power can lead to problems in the courtroom and in the justice system. The debate over punishment that fits the crime and the death penalty also seem like debates that will rage for a long time, no matter what happens in the criminal justice system. There are always going to be cases where a minor criminal is sentenced to a punishment that seems much bigger than the crime they committed, and there will always be people opposed and in support of the death penalty. These chapters show that the criminal justice system is not perfect, and that reforms could help create a better, more workable system, but they also show that there will always…
Various Authors. (2005). Justice, Crime and Ethics. Cincinnati, OH: Anderson Publishing Company pp. 125-201.
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.
Batts, A.W., Smoot, S.M. & Scrivner, E. (2012). Police leadership in a changing world. New Perspectives in Policing. Retrieved online: https://ncjrs.gov/pdffiles1/nij/238338.pdf
McCallum, D.W. (n.d.). Leadership within the Florida Department of Corrections. Retrieved online: https://www.fdle.state.fl.us/Content/getdoc/5ca27f87-d4c4-4a79-b01f-11cc95e24af9/McCallum-David-paper-pdf.aspx
Wickman, A., Mahoney, B. & Borakove, M.E. (n.d.). Improving criminal justice system planning and operations.
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…
Allen, J.M., & Sawhney, R. (2010). Administration and management in criminal justice: A service quality approach. Los Angeles: Sage.
Mary K.S. & Peter a.C. (2014). Criminal Justice Management Theory and Practice in justice- centered organizations. New York, Routledge Publishing.
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…
Doward, J. (2005). 'My home is now my prison cell'. Retrieved from thguardian.com: http://www.theguardian.com/media/2005/feb/20/broadcasting.childrensservices
Newcomb, A. (2013, Jan 27). Former Ms. Washington Takes Plea Bargain in Murder Case. Retrieved from abcnews.go.com: http://abcnews.go.com/blogs/headlines/2013/01/former-ms-washington-takes-plea-bargain-in-murder-case/
Nurmi, L. (2012). APPLICATION FOR INTERLOCUTORY STAY OF AGGRAVATION TRIAL . Retrieved from abc15.com: http://media2.abc15.com/html/pdf/Stay.pdf
Palta, R. (2012, June 13). Researchers say plea bargains actually send innocent defendants to jail. Retrieved from scpr.org: http://www.scpr.org/blogs/news/2012/06/13/6603/plea-bargainings-innocence-problem/
The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
McCauley, R. (2005). Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns; the FBI Law Enforcement Journal. Vol. 74 No.11. Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. Upper Saddle River, NJ: Prentice Hall.
The problem of how to treat and processing juvenile offenders through the court system has been an issue before the establishment of the first juvenile court in 1899. Before it was recognized that minors needed their own court system, they were processed through the adult court and often received harsh punishment. Separate juvenile courts became evident within all states by 1945. However, the juvenile court system was based upon the adult system and was one that consisted of medical and rehabilitative measures to correct unacceptable behavior. The original goals of the juvenile court were to investigate, diagnose, and prescribe treatment for offenders, not to adjudicate guilt or fix blame. With this philosophy came the doctrine of parent's patriae. Under this doctrine, the state would become an acting agent in place of the parent and act on behalf of the misbehaving juvenile.
Juvenile court proceedings were usually informal and…
Bearden v. Georgia. Retrieved January 28, 2003, at http://www.usscplus.com / online/index.asp?case=4610660
After completion of standard measurements and photographs of the victim, the hands were separately bagged to preserve any evidence contained thereon. Subsequent forensic examination and analysis disclosed organic evidence in the form of human skin and blood identified as originating from the same source as the other blood and tissue samples as those not associated with the victim. Thirty-six strands of hair, subsequently positively identified with the victim were recovered from the external clothing, as well as nine strands of human hair not identified with the victim.
Inorganic Evidence Collected:
Shoe imprints were preserved in standard casts and subsequently identified as originating from a size-12 Timberland® men's workboot. Minute quantities of blood were also recovered from within the prints before casting but of insufficient quantity to determine type other than being from a human source. A ballpoint pen and a partial roll of blue tape, subsequently identified as standard "plumber's…
Kobalinsky, L., Liotti, T.F., Oeser-Sweat, J. (2005). DNA: Forensic and Legal Applications. Hoboken: Wiley & Sons.
In this regard, the law enforcement community has begun implementing scenario-based strategic planning in the nature of that used by American military strategists since the Cold War. Interagency strategic planning now includes scenario-based training wherein the specific components of local, state, and federal agencies charged with responding to critical incidents participate in joint exercises simulating the foreseeable demands for their joint services (Koestner 2006).
Benefits and Potential Difficulties:
Scenario-based tactical training in law enforcement has undoubtedly improved the safety of officers, subjects, and victims at crime scenes by conditioning officers to respond reflexively after hours of repetitive simulated tactical exposure (Lynch 2005). In the case of strategic planning, operational synchronicity and resource implementation are the goals rather than reflexive individual responses, but, the benefit is analogous. In much the same way that scenario-based tactical training ensures the desired application of force on the force continuum authorized for use by police…
Carlson, Joel, a. Demands on Police Services in a WMD Incident; FBI Law Enforcement Bulletin, Vol. 77 No. 3, (Mar/08), pp. 1-6.
Lynch, Michael, D. Developing a Scenario-Based Training Programs: Giving Officers a Tactical Advantage; FBI Law Enforcement Bulletin, Vol. 74 No. 10, (May/05), pp. 1-8.
Koestner, Lesley, G. Law Enforcement Online: Facing the Challenges of Katrina; FBI Law Enforcement Bulletin, Vol. 75 No. 2, (Feb/06), pp. 1-6.