Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
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).
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.
Case Analysis Assignment-The Trial of Orenthal J. Simpson April 7th, 2013 Fundamentally, the burden of proof falls on the prosecution and means that they are required to present evidence during a trial that must prove beyond the shadow of a doubt that the defendant did in fact commit the crime they are being charged with. The burden of proof entails that the prosecution present evidence that is accurate of the guilt of the defendant and in addition persuade the jury that the evidence presented establishes that guilt beyond a reasonable doubt. The Latin meaning of prima facie is first look. It refers to criminal prosecution wherein the evidence previous to the trial is satisfactory to prove a case except there is significant ambiguous evidence given at the trial. Subsequent to the prosecution putting on the total of its evidence, the defense attorney will customarily ask for a dismissal of the charges due to lack of sufficient evidence.
The Criminal Justice System and Crime Garth Greg Spence CJA/204 October 3, 2012 Kathryn Hamel The Criminal Justice System and Crime Crime is defined as “conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.” Which means “crime” depends on where you are. The same behavior may or may not be a crime depending on the status of the person committing the act, the time of day, the location, or the reasons behind the behavior. There are four views of crime in relationship to the law: Legalistic, Political, Sociological and Psychological. Legalistic is existing laws against a given behavior. Political is powerful groups who
“Under this system, the parties to a case develop and present their arguments, gather and submit evidence, call and question witnesses, and generally control the information presented according to the law and legal process.” (U.S. Legal, 2011) Court cases involve a plaintiff and a defendant. In a criminal case the plaintiff is typically the state of the people, and the defendant is the person accused of committing the crime in question. The state is represented by a prosecutor, or district attorney. The defendant is represented by a defense
These things are no joke. One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Whether or not those accused of a crime should be vigorously defended by lawyers, and whether lawyers should even accept such a case in the first place goes to the heart of the issues in Criminal Justice: Opposing Viewpoints. The authors examine these topics and others in the following chapters: Does the Criminal Justice System Need Reform?
The arrest of the suspect(s) is a serious step as police believe they have enough evidence for the courts to convict the suspect. When an arrest is made the police must advise the suspect of their Miranda Rights before questioning a suspect can begin as anything a suspect says to the police cannot be used against them and be thrown out of court. When the suspect is brought to the jail they go through an administrative procedure called booking where the suspect is finger printed, personal data is collected and are read and have to sign a statement that they understand their Miranda Rights.
Generally, the Actus Reus must be voluntary and deliberate and if involuntary, he is not at fault. For example, actions carried by reflex or through a spasm are involuntary and therefore the defendant is not at fault. On the other hand, failing to act when there is a duty to do so can lead to fault. The Prosecution must prove that there is a link between the defendant’s act and the end result in order to prove that he is a fault. Factual Causation and the De minimus Rule uses the ‘But For test’.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.