Along with a brief description of the criminological theories, an attempt to show how they differ from one another and discussion of one strength and one weakness unique to each theory will be made. Finally, I will provide my opinion as to which of the two philosophies (classical or positivist) explains criminal behavior in a much more complete manner and why. The first of the criminological theories is called Social Control Theory. What makes a person not a criminal? This is the main question asked in control theories.
It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003). Attorneys may also report intents to commit perjury in order to prevent an act of fraud against a court. These and many other issues are what make the concept of attorney-client privilege so important in regard to the court system. Bibliography
General Strain Theory and Deviant Behavior This paper explores General Strain Theory and reviews the empirical academic research testing General Strain Theory. The assumptions of the theory and how it explains the causes of criminal behavior will be discussed. This will be followed by the review of academic research and what findings have been made from the research that supports General Strain Theory. The last section will explore the possible policies that could be implemented to reduce criminality if the assumptions of General Strain Theory are correct. General Strain Theory was formulated by Robert Agnew, and first published in 1992.
Once it has been determined that a duty existed, then it is determined whether or not the duty was breached. A duty has been breached when a defendant knowingly exposed another to possible injury. Even if the defendant did not realize he was exposing another to injury, he should recognize the probability that any other reasonable person would have recognized; therefore, also being a breach of duty (Shestokas, 2009). After establishing a duty existed and there was a breach of that duty, the plaintiff must show that there was a loss or injury to recover. This requirement is important if a defendant is unable to deny his negligence, but the plaintiff suffered no apparent injuries as a consequence.
Research Process and Terminology Paper Rachael Gammill CJA 433/Research Methods in Criminal Justice October 3, 2011 Michael Walker Research Process and Terminology Paper Terminology and the Criminal Justice System hold a key to the basic understanding of concepts and prosecution of words. What this means is simply put to be able to transcribe knowledge with his or her words to the case at hand can make the difference whether the case is won or lost. Without being able to translate in the proper terminology the point taken can be lost in a simple mathematical formula given the Hypothesis based on the Criminal Justice System. The Hypothesis will be analyzed throughout the text and will be visited from a statistical point of view in how it determines how a case is handled. Including new terminology learned from the readings begins with the basics from the chapter discussions.
A defendant and his or her legal representation must prove to the judge and jurors why they are innocent and that he or she should not be held accountable for the crime in question. The defense that could be entered is either factual, which will indicate that the defendant did not commit the crime or it could be legal which will indicate that the defendant had committed the crime but he or she may not
The amount of damages the claimant is able to claim therefore depends on their fault. The role of fault also varies in criminal law. Fault is integral to the Actus Reus element of a crime. In order to be found guilty of a criminal offence, the defendant must commit the Actus Reus voluntarily. If the accused is not in control of his or her actions for any reason, then they cannot be said to be acting
Discuss the meaning of fault as a basis for criminal and or civil liability. Explain and evaluate the imposition of liability without fault. (30 marks) Fault itself provides that an act does not make a person guilty of a crime unless his mind is also guilty. For someone to be deemed at fault, the actus reus must be voluntarily or freely willed. This is because there have been instances where the actus reus was involuntarily and the defendant was not at fault or liable, as seen in Hill v Baxter; such involuntary action responses are known as reflex actions, and cannot be helped.
However, “recent research on the prevalence of defensive gun use has prompted growing concern that government efforts to regulate gun ownership and use may be counterproductive” (Ludwig, 2000, p. 363). Gun violence is a big problem in the United States and should be reduced. However, despite the claims of gun control activists, I argue that by banning all firearms as a means gun control does not reduce crime; it leaves law abiding citizens increasingly vulnerable to violent crime. It is late afternoon one day, and you're in heavy rush hour traffic going home. You double checked to make a lane change for your upcoming exit when all of a sudden another driver in a Ford Mustang speeds
Curfews cause rushing that causes speed related crashes. The basis of the curfew is off of crashes caused for reasons unrelated to night driving. Curfews also limit freedom that can damage teens for later life. With all these negatives why is there a curfew at all. To begin with, teen freedom is essential in forming law abiding responsible habits for the rest of their life.