The first thing that sticks out to me is the state’s definition of the crime. New Jersey’s definition is simple and basic by saying taking property or exercising control over a property that isn’t yours. New York’s definition is a lot more describe and thought out. New York’s definition of larceny/theft also insinuates that you don’t even have to personally take the property for it to be considered theft. You can obtain it and as long as you with hold it from the original owner it’s considered theft unlike New Jersey.
However, prohibition against double jeopardy does not preclude the crime victim from bringing a civil suit against that same person to recover damages (Miller & Jentz, 2008, pg 137). The Lectric Law Library at lectlaw.com (1995-2012) states that “the double jeopardy clause protects against three distinct abuses: 1. a second prosecution for the same offense after acquittal, 2. a second prosecution for the same offense after conviction; and 3. multiple punishments for the same offense. In this case Armington is incorrect. Armington was tried and convicted of the crime of armed robbery and assault and battery. The civil tort suit is completely different and therefore does not fall under double jeopardy.
Victims and Crime Evaluation University of Phoenix Criminal Law CJA 354 Victims and Crime Evaluation Before understanding the concept of a victim, who is a victim? A victim can fall into one of two categories; one a person who has suffered harm because of a criminal act and subjected to harm in suffering physical injury, emotional trauma, financial loss and or disruptlives Secondly, a victim could be family members of a person killed or injured because of a crime may also be victims. It is common for people who witnessed a crime to suffer emotional trauma. According to Vocal (ACT) “These people are victims even though they may not have been physically harmed. This could in some instances include family members or close friends of the person who committed the crime.” (2006, p.1) The impact of such crimes is long lasting in particularly for violent crimes.
In this situation, social structure is the most logical explanation for the behavior of the inmates and the remaining criminal behavior. It is believed many of the individuals had hard struggles before entering the prison, hence the need to rely on gang interactions. The Pelican Bay State Prison was an environment to prove yourself to other gang members and represent the gang. You had to acquire strength, determination, and overall a violent nature. Many fights broke out in that prison, and most prisoners left with more strength and potential to continue in gang violence upon release from the prison.
While this law does not have any jurisdiction in a civil or grand jury case, it does prevent police officers from taking action that would violate Americans’ fourth Amendment right and deter any misconduct on behalf of the police officer. The exclusionary rule was designed to prevent police officers from using evidence that would otherwise convict those who actively participate in criminal activity. There are pros and cons in every situation when it involves police behavior and criminal activity. There are five issues that come to mind in determining whether or not the exclusionary rule should be abolished: Police misconduct, who is being punished, who is guilty, ways to protect those whom are wrongfully searched, and judicial integrity (Landmark Cases, 2005). Police officers are expected to enforce the laws of their community without bias and to act within a higher standard than the average citizen.
‘Outline and explain ways in which data about crime is collected’ Crime can be defined as deviant activities that break the law in any particular society. Finding out how much crime takes place isn’t easy, and attempts to measure crime can prove misleading. This doesn’t mean that crime statistics aren’t affective, but it does mean that no single measure can be fully relied upon. Many sociologists see crime statistics as a social construction, as collecting crime data is a result of the cultural expectations of society, and by understanding who commits crime and what sorts of crimes are committed, we can get a clearer picture of why people commit crime in the first place. Different sociologists have presented different theories and concepts to explain what drives a person to commit a crime, and research and statistics give us an idea of the type of crimes committed and the places that they’re most likely to occur.
In some of these inmates crime and deviance is all they know. The strain they have put or have been put in for most is hard to come out of. Some inmates have been there more than 20 years and have no hope of ever getting out. The gang activity is so great at this facility that the inmates have managed to control the gangs still on the streets from prison. Can or will this stop is the question criminologist have to find the answers
This protection is only applied in federal court system but does not apply to the states, making to be one of the protections that only apply to criminals but not states. The eighth amendment in the constitution of America insulates criminals against high fines and bails by courts if accused of any criminal activities. This protection is a part of the Bill of Rights that has been set forth by the American constitution and is meant to safeguard the rights of criminals. In this
United States, 1932. It states basically that a person cannot be tried for lesser and greater crimes using the same evidence in subsequent trials. A person can be tried on lesser and greater crimes using the same evidence if the crimes are tried together in one trial. This does not constitute double jeopardy because the defendant is not tried twice using the same evidence. The Blockburger test, in the Court's words is this, "The test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does
Crime can affect the way individuals perceive others generally creating bias and prejudice within a person’s frame of thought; hopefully we can make someone think a little differently. Social structure theories generally put forth that the disadvantaged economic class is a primary cause of crime. It states that neighborhoods which are “lower class” create forces of strain, disorganization, and frustration that lead to the action of crime, they have used these to put them into classes; social disorganization, strain theory and cultural deviance. Social disorganization theory suggests that slum dwellers violate the law because they live in areas where social control has broken down. The origin of social disorganization theory can be traced to the work of Shaw and McKay, who concluded that disorganized areas marked by divergent values and transitional populations produce criminality.