Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
Criminal and Civil Law Unit 8 Project Ginnifer Wood Paralegal Professional There are two major types of legal actions criminal law and civil law. While the systems for each are very similar they are also very different at the same time. The differences between civil and criminal law range from the parties and their roles in the cases to the level of proof required in each case. As well as there are constitutional implications that are designed to protect someone in a criminal proceeding that do not apply in civil cases. Criminal Actions are generally brought by the people through the government against the person or persons accused of a crime because society has been wronged in the commission of said crime, the government prosecutes on behalf of society therefore the government is always the plaintiff.
Running head: CRIMINAL DEFENSE Criminal Defense University of Phoenix When an individual is charged with a crime, the individual has the right to defend her or himself with the best legal defense and representation available. Criminal defense lawyers represent ordinary individual charged with any violation of the law. There are numerous criminal defenses that are used. Criminal defenses range and vary depending on the crime that the individual is being charged. Many have heard of the insanity defense and self defense being used, but the use of gay panic defense and urban survival syndrome are not used as often by criminal defense lawyers.
● 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 most objective standard is that of a reasonable person with no qualifying characteristics; the semiobjective standard is that of a reasonable person with qualifying physical characteristics, e.g., age and gender; the most subjective standard is that of the M.P.C which views the provocation from the perspective of a reasonable person in the defendant’s position as he believed it to be. 9. Felony-murder is a death that occurs during the commission of a felony independent of the actual intent of the felony. In a felony-murder, the intent to commit the felony substitutes for the intent to kill or cause great bodily harm, i.e., the intent to commit the felony is sufficient mens rea for the murder. 10.
The prosecution and the defense both play very important roles in the criminal justice system. The prosecution is responsible holding criminals accountable for their actions. Whereas the defense is responsible for ensuring the defendant gets a fair and speedy trial. The prosecution investigates violations and works with law enforcement officers during the investigation. They let them know if there is enough information and evidence to charge a suspect with the crime.
The development of substantive criminal law as happened in the United States over the years, and has been a part of keeping are society some what law abiding. Substantive criminal law is written laws dealing with people versus people, people versus the government, or people versus business. It deals more with crimes and punishments unlike procedural law which would deal with statues of limitations and other court room proceedings. Types of Defenses One claim type of defense you could use to prove that you did not commit the act you are being accused of is to have an alibi. This defense is when you state that you could not have done the crime you are being accused of due to the fact you were not in the location the crime was
A human being having a guilty mind “mens rea” planning or knowingly they were going to commit such a crime is sufficient definition to what criminal homicide is. Criminal homicide is criminal because it is a crime committed by an obvious criminal. However, from a legal aspect the “mens rea” and “ actus reus” would have to definitely happen or occur at the same time the homicide takes place, legally called concurrence in order for it to be a legal criminal
The adversary system is a system where there are two opposing sides in a court room, the prosecution and the defense. Both sides are trying to convince an impartial person, such as a judge or jury that there side can prove the other side as being wrong in order to prove guilt or innocence of the accused offender. The reason we use this system is to provide a fair and impartial trial. Instead of just presenting the evidence against the defendant, which would be partial and one sided, since the defendant would not get to defend them self. The adversary system is a much needed way for all societies to have their judicial and criminal justice system.
This is true for several reasons. In some circumstances civil penalties may be available. In that instance, the criminal prosecutor must decide whether civil remedies are sufficient in the context of the particular defendant’s actions. If so, then the prosecutor might decide that criminal charges are unwarranted second, where parallel state and federal criminal proceedings can be brought, a prosecutor must decide whether additional criminal punishment for the same conduct is appropriate. A state prosecutor may decide to bring a parallel proceeding if there is no statutory or case law prohibiting such a proceeding.