Criminal Law Foundations Evaluation Robert G. Skelton CJA 484 01/12/2014 Nicholas Barbella Abstract Laws were written to protect society from the criminal element, to protect the rights of the individual accused and to keep law enforcement in check to prevent an abuse of power. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. It will also explain how these safeguards of the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus on the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel have on the day-to-day operation for juvenile and adult courts. Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties.
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
“Under this system, the parties to a case develop and present their arguments, gather and submit evidence, call and question witnesses, and generally control the information presented according to the law and legal process.” (U.S. Legal, 2011) Court cases involve a plaintiff and a defendant. In a criminal case the plaintiff is typically the state of the people, and the defendant is the person accused of committing the crime in question. The state is represented by a prosecutor, or district attorney. The defendant is represented by a defense
Evidence and Sentencing Mark Passi CJA 204 January 25, 2012 Ray Rawlins A presiding judge in a court of law is to make sure constitutional rights of the accused are protected during trial proceedings. A conviction by a court jury of the defendant will give the judge authority to impose reasonable punishment based upon the severity of the crime committed. The goal of “retribution” to a convicted person has changed throughout history of the criminal justice system. It is important to give a well deserve punishment for the severity of the crime. This sentencing goal is critical due to the fact that different state has different sentencing laws.
DISCUSS THE PROBLEMS IN MEASURING AND DEFINING CRIME AND DEVIANCE. INTRODUCTION This paper will discuss the problems faced whilst trying to define and measure crime and deviance whilst also explaining the differences and relationship between crime and deviance. Criminologists have created means of measuring crime which this paper will explore and identify problems which will occur during the recording of crime and will explore influences on crime and crime statistics. DEFINING CRIME AND DEVIANCE Defining crime or deviance is diverse amongst the many different cultures, history and from one social context to another (new texts pg 138) which causes a big problem whilst defining and measuring crime or deviance as what is believed to be criminal or deviant behaviour in one society may be seen as legal or normal behaviour by another society. There are many theories relating to deviance and crime with each theory illustrating a different aspect of the procedure by which people break rules and are classed as deviants or criminals.
Police are government officials in charge of regulating and controlling affairs within the community. Police are designed to regulate, control, or keep order with or as if with a law enforcement agency. The functions of the police are to enforce the law, investigate crimes, apprehend criminals, maintain public order, prevent and reduce crime, and ensure community safety. The prosecutorial phase is perhaps the most critical stage of the criminal justice process, as it is at this point that many of the rights of an alleged offender and crime victim are brought into play. The offender's rights in the court proceedings include: The right to have legal representation.
It is their duties to ensure public safety and maintain order. Secondly, are the Courts, which sentences criminals based on evidence gathered by the Police and Lawyers. Thirdly, are Correctional Institutions, which detains or rehabilitates criminals. The graphic illustration below outlines the Criminal Justice System and its key components: Police The first component is the police, which serve as the gate keepers for the Criminal Justice System. The term police originated from the “Latin word politia” which means civil administrations’’.
Indictable offences are the more serious crimes such as murder, armed robbery, sexual assault, drug trafficking and arson. These offences are tried by a judge and jury in District or Supreme Courts. A preliminary (committal) hearing is held in Local Court before a magistrate to determine whether there is sufficient evidence for a ‘prima facie’ case. The prosecution is required to produce evidence and witnesses. The process of criminal prosecution begins when a person (usually a police officer) lays information before a court or a justice of the peace.
Definition of Key Concepts 2.1 Criminal Profiling ( Hard evidence profiling) According to Turvey 1999, the process of inferring distinctive personality characteristics of individuals responsible for committing criminal acts has been commonly referred to as ‘criminal profiling.’ These include biographic details of the perpetrator, crime-scene analysis, and so on. 2.2 Criminological Profiling (Soft evidence profiling) According to Joubert, Hesselink & Marais 2003, criminological profiling is the assessment of criminal behaviour which includes assessing the victims’ credibility, motives & causes of the crime, modi operandi, personal & family background, post offence behaviour & appearances. 2.3 Risk Assessment The assessment of risk involves predicting how likely it is that the individual will in the future commit crime, or reoffend. 3. Main Views The main purpose of the profile is to investigate a crime in order to successfully apprehend the perpetrator, provide investigators with relevant leads & strategies & to help gain insight into the offenders state of mind before, during & after the commission of the crime, whereas the main objective of prediction is to identify the risk factors that are involved in reoffending &
A civil case is when the plaintiff decides to sue another person, organization, or a business, the individual being sued is also called the defendant. In a criminal case, the crime is based on offenses against the state, with the prosecutor charging the suspect for the crime and not the actual victim charging the suspect. (The Differences between a Criminal Case and a Civil Case, n.d) Many fundamental distinctions between a civil and criminal case separate them from one another in our court system, which include but are not limited to; the standard of proof required in a criminal case compared to that of a civil case, the terms and forms of punishment, and also whether or not you are entitled to an attorney. “In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.” (The Differences between a Criminal Case and a Civil Case, n.d) A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact is known as standard of proof. (Standard of proof.