Ethical Considerations for the Investigator and Prosecutor in Homicide and Rape The investigator and prosecutor play very critical roles, roles that are only fairly fulfilled if all parties are as ethical as possible. Failing to act ethically can lose a case, set a criminal free or could even mean someone innocent going to prison. While ethics in every single type of case are important we are going to examine homicide and rape. Both homicide and rape leave the public hungry for answers. We must be sure that finding those answers are done ethically from the crime scene to trial.
This is “the practice by law enforcement of considering race as an indicator of the likelihood of criminal behavior” (Robinson 530). The issue of using race to identify people is disputable because minorities feel that it is an act of inequality and also humiliating. However, the Supreme Court supports its legality as long as ethnicity is seen as an important factor that determines the detainment of an individual. Therefore, there are many pros and cons about the legality of this law enforcement technique. During times of war, racial
It is common for the entire House of Lords to take part at this stage. Report stage The new and improved bill with any changes made is reported to the house. Everyone involved can review the amended bill. Those not involved at the previous stage can suggest further changes. Third reading MPs debate and vote on the bill in its last form.
One issue that the Three Strikes law brings into sharp relief is that of declining or ascending tendency toward crime. Since the law is predicated on the assumption of stopping further serious crimes before they happen from repeat perpetrators, as an attempt to curtail this, does it make potential criminal acts less or more serious? If a criminal knows he can get away with two lesser crimes before hitting the big wall of the Third Strike law the third time around, will they avoid breaking laws that put them in the target area for a serious or life
Though everyone accepts that terrorism is a kind of crime, a heinous one at that, the very fact that a terrorist for one is a martyr for others has made the situation very puzzling. It is simple to tell between a crime and an act of terrorism on reason of guilt/innocence proceedings and sentencing procedures. An ordinary criminal, when he pleads guilty, is awarded a sentence in keeping with his crime and serves the sentence in prison. But terrorism works on the basis of an ideology, it is a belief that motivates someone or a group of individuals to engage in acts of violence as they believe that this is the only way to make their grievances heard or felt. Some links or similarities between ordinary crimes and the issue of terrorism are: 1.
Meaning, if you break the law of which has been given you will be punished. The relationship is simple, most laws are created based on crimes that are or have been committed. Because society evolves and changes there will always be new laws created based on the fact that new crimes are committed daily. The consensus and conflict model are the two most common models of how society determines which act s are criminal. The consensus model defines criminal behavior as acts that conflict with the values and beliefs of society as a whole.
Rational Choice Crime Control Strategies Rational Choice Crime Control Strategies According to Rational Choice Theory, individuals violate laws out of a sense of need, accomplishment, or perception of survival. The Theory also concludes that rational individuals carefully weigh possible benefits and consequences of breaking the law (Siegel, 2006). After considering benefits and consequences, one may make a “rational” choice to commit the crime. He or she may base this rationalization on “greed, revenge, need, anger, lust, jealousy, thrill-seeking, or vanity” (Siegel, 2006, p. 98). Of the scenarios, the wealthy man going through a divorce is the most likely example of a rational choice criminal.
Problems with fault 11.Strict liability (Criminal & Civil law) 12. Conclusion Fault is a simple way of describing legal blame and responsibility. There are many positive and negative sides whether criminal and civil law liability should be based on fault, as the final sentences made by judges can be as satisfying, as absurd as well. So, for a criminal liability the most essential element to be proved is an Actus Reus, which can reflect the highest and the lowest levels of blame. As the actus reus is a physical element of crime, it can be done voluntarily (Hill v Baxter) or Involuntary, it can also be an omission, where the normal rule is that an omission cannot make a person guilty of an offence.
I will attempt to prove that the benefit of merely punishing criminals is minimal and that a justice system that prioritises rehabilitation would have far more overall benefit to society as a whole. A third important aspect to the justice system is keeping dangerous and violent individuals off the streets. This often seems to be equated with punishment, while the two are actually quite distinct and separate aims. I agree that there is often a need to isolate dangerous people from society at large, the question here is what our aims for the individual should be while they are in isolation. Emotion (1) Of the arguments one tends to hear in favour of prioritising punishment, the most persuasive are often emotional arguments.
To be effective, the punishment must be harsh enough to actually deter people from committing crimes. A more effective way is the “carrot and stick” policy, in which the law abider is given an incentive to follow rules, and is punished if he does not. While few would really argue against taking the bite out of punishment, there are some arguments that deterrence is not nearly as effective as we'd like it to be. Statistics showing high crime rates among people who have already been in prisons, or punished in other ways can easily be used to demonstrate that deterrence isn't so very effective. The sheer threat of punishment is not enough to ensure the smooth functioning of a law-abiding society, as countless examples of tyranny and police states illustrate.