Criminal Law Foundations Evaluation If laws were not in place, individuals could not hold onto their individual properties. Social life would be impossible without laws to help control the way people behave, think and treat each other while in public and private locations. Criminal laws were designed to reflect the accepted behavior in a community, such as morals and the criminal act itself, or Mens Rea and Actus Reus. Thus when people break the law and are caught, the accused are provided certain constitutional rights. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state.
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform? Is the Prison System Effective? Should Sentencing Laws Be Reformed? What Rights Should Be a Part of the Criminal Justice System? As long as people continue to commit crimes, questions will remain about how to prosecute, sentence, and imprison
Courts play an important part in determine who is and isn’t guilty. Adjudication also ensure that the lower courts apply the law right. It helps ensure that judges who make a mistake are held accountable for their mistakes. Appellate courts are important to the criminal justice system. Appellate courts help decide how police officers do their jobs.
Inside Criminal Law Amber Bumpus University of Phoenix There are several purposes to the criminal justice system. One of them is Protect and Punish: the Legal Function of the Law. The main goal of this law is to protect citizens from criminal harm. Criminal harm is divided into two categories. Harms to individual citizens’ physical safety and property, such as the harm caused by murder, theft, or arson.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Conclusion Prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Victimization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced. Ongoing assessments of victims' rights and the continousl improvement of such are imperative.
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.
Society uses these two (2) common models to determine what a criminal act is. The consensus model is used by the Criminal Justice System (CJS) and it shows that the same values and beliefs are shared by the majority. The general norms and values come from society as a whole. Defining the Consensus Model it states that crime is anything that goes against the values and beliefs of society and is considered damaging to society. The Conflict Model is used to determine the content of criminal law.