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.
“A given correctional agency will sometimes take actions that do not seem best suited to achieving fairness or public protection. At times, correctional agencies may seem to work at odds with one another or with other aspects of the criminal justice process” (Clear, Cole, Reisig, and Petrosion, 2012, p. 11). In spite of this, our correctional institution have a give-and-take relationship with the environment in which it operates. What this means is the practice within corrections affect the community in which it operates, and the values and expectations of the community affects how corrections operate. “If the prison system provides inadequate drug treatment, offenders return to the community with ther same drug problems that they had when they were locked up” (Clear, Cole, Reisig, and Petrosion, 2012, p.
Failure to comply with this act means you would be breaking the law. The reasons why we follow these laws is for ourselves and the protection of young people we are working with. This provides consistency as everyone is following the same rules. The legislation act has been passed through parliament which makes this a legal requirement to follow. Some examples of Legislation in which we have to follow whilst working with children and young people are: * Health and safety at work act (1974) * Children act (1989&2004) * Safeguarding Vulnerable groups act (2006) * Data protection Act (1991) * UN convention on the rights of the child (1991) There are guidelines which detail acts of law these are shared with the public.
These powers must be carefully regulated to avoid abuses by the state and its public services against individual members of the public. However, even in a country like the UK with highly trained and knowledgeable officers, a breach of human rights can still occur. This is why laws and policies as the Human Rights Act 1998 exist. The Act makes it clear that certain rights are given to all UK citizens and if these rights are broken by the public services then an individual has the right to take the service to court and challenge its actions. Human Rights are a key part in every Human Beings day to day lifestyle.
They also give us rights. They are established by people in authority who use them to govern and to maintain order, justice, and the common good, and for those who do not follow the laws of the society there are sanctions (usually used as a punishment). Personally I don’t have faith in Colombian law but I don’t mean that we couldn’t believe in it. We as patriotic citizens have the duty to defend and make the law be applied correctly. There are many facts that don’t allow them get upheld.
Tina Barker Week #1 LAW 421 April-Monday, 2014 Ramon E. Ortiz-Velez Roles and Functions of Law Ever since the beginning of mankind, people have been governed by laws, whether established by rulers, kings, or a higher power. Laws have been established has a way for people or societies to know how to act, how to treat others and to ensure that you will be treated a certain way and along with these laws, comes the penalties for breaking them. Laws play a vital role in both society and in business, without some kind of “laws of the land” societies would be nothing but lawless places to live. One only needs to look at what is happening in parts of the world, that do not have any kind of functioning government to either enforce or implement
In our society today, our everyday lives are governed by a set of laws and rules inwhich we view as the correct way to act. Our daily lives are based on this, and even the effect how we act around one and other. However, those who step away from these 'Norms' are viewed as weird, strange and different by the conforming majority. These individuals who break away from these social nomalities risk being prosecuted, but why do they do this? What compels them to resist these pressures and follow there own independant path?
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s
Name: Khalat Khan Through a thorough investigation of different cultures, political systems, and governments, I have realized that a democracy is the most practical form of governance of a successful society. The fundamental humanitarian and political ideals that are the basis of a democracy allow individuals to reach their fullest individual potential, while maintaining a sense of community and responsibility to the state. I believe that every society needs a stable government to protect the rights and freedom of its citizens. Contracts are inherently the basis of every democratic society. In order for a democracy to function properly, each citizen must forfeit certain individual liberties in exchange for his or her guaranteed protection.
Sentencing Paper Josefina Aburto, CJA/234 October 3, 2011 Darnell Stroble Sentencing Paper Sentencing Paper The justice system’s main objective is to enforce the laws. One way the system enforces the law is to punish offenders. Should offenders be punished? Society thinks so. Society argues that criminals should be punished with lengthy jail terms for the security of society.