● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
The car wouldn’t have “engulfed in a ball of fire” if Ford would have made the gas tank safer. Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous. This damage was rewarded because Ford acted with such negligence that they could have injury thousands of people. 4.) Should the punitive damages be affirmed?
3.During the investigation, assess the most significant red flags which would have been an indication of possible fraud needing corrective action by management. 4.Based on your research, suggest key practices the fraud investigator could have used in conducting interviews with the fraudster and the company’s employees. Assess the various interviews and interrogation questions available to you, and select the type of interview and interrogation questions that would have been most appropriate for this investigation. Provide support for your rationale. 5.Recommend a fraud prevention plan for this organization.
This opposition is valid however; there is a way to prevent this risk on employers. The article Criminal Recidivism: Why it Hurts Everyone, shows that New Haven, Connecticut has found the answer to this opposition. Their government only allows employers to perform a background check on potential employees after a job offer has been accepted. The employer can only refuse the job offer if the background check shows that the employee’s criminal past could interfere with the job offered to them. A person convicted of embezzlement would be a cause of concern if the job offer was for a payroll department but not if it was for road construction (par.
“What Justice Means to Me” This paper will describe what justice means to me. This paper will also show how I strive to see that my definition of justice is served in my occupation. Justice is generally understood to mean what is fair, right, deserved, and appropriate (MCADSV, 2009). Justice is usually accomplished when the person charged of the crime is behind bars and the victim of the crime can feel that justice had been done. Justice is the concept of moral rightness based on rationality, natural law, fairness, law, equity, and ethics (Dictionary.com, 2009).
The fifth amendment of the United States constitutions give an individual right from being prosecuted twice for substantially on the crime. When the jury is sworn, the defendant is put in what is call jeopardy. According to the fifth amendment
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.
Due Process Due process refers to the rights that the federal government must respect in terms of individual citizens according to the law. Due process goes further to provide some level of protection from the state (Roach, 1999). Judges must uphold due process by accurately interpreting the laws so that the rights of individual citizens are protected. Procedural due process falls under the rights afforded to American citizens under the Fourteenth Amendment. This ensures that those standing trial receive a fair trial which includes the ability to appear before a judge (Roach, 1999).
This is a crime against persons and punishable in all but four states by life in prison or the death penalty. Kidnapping is considered a Mala in se or inherently evil crime was originally a misdemeanor under common law but the Federal Kidnapping Law of 1932 (Lindbergh Law) made it a federal crime to transport victims across state lines to collect ransoms or rewards (Lippman M. 2012). In 1974 Patricia Hearst was kidnapped by a group