Criminal Procedure Essays (Examples)

Equal Protection:

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…

References

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…

Sources

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:

 http://findarticles.com/p/articles/mi_qa3805/is_200606/ai_n16618978 

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…

References

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,…

References

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.

The Sentence

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.

eferences

Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed…

References

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.

Appeals

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…

References

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…

References

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.

Intervention Strategy:

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…

REFERENCES

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…

References:

TOPIC 1:

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/ 

TOPIC 2:

Criminal Process; Arraignment to Pre-Trial

The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.

Arraignment

The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…

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…

References

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.

Titles

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…

Bibliography

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

Criminal Justice

When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.

Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular…

References

"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…

Work Cited

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).

The trail

Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…

References

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…

Bibliography

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.

ources

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…

Sources

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…

References

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

from  http://www.associatedcontent.com/article/2479012/scientific_research_and_quantitative.html?cat=17

Criminal Justice

Victimization

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…

Bibliography

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…

References

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 &…

References

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:

 http://www.quickmba.com/law/sys/

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…

Sources Consulted

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…

References

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

50 states.

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…

References

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…

References

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…

References

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…

References

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…

Works Cited

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

Criminal Justice

Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice.

This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…

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.

224).

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…

Works Cited

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…

References

Various Authors. (2005). Justice, Crime and Ethics. Cincinnati, OH: Anderson Publishing Company pp. 125-201.

Criminal Justice

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…

References

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…

References

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…

References

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…

References

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.

Criminal Justice

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…

Reference

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…

References

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…

REFERENCES

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.