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.
1). PA260-3: Analysis Constitional Protection In Criminal Law: Criminal defendants have several constitutional rights. Maybe, the most essential protection is the requirement that the prosecution prove guilt beyond a reasonable doubt. However, defendants have other rights to. Including the right to, (1) remain silent (2) confront witness (3) have a public trial (4) have a jury trial (5) have a speedy trial
Theories on Crime Comparison Carl Boone AJS/542 July 25th 2013 Jeffrey Begley Theories on Crime Comparison To understand crime and the elements that help compare and contrast motives, influences, and patterns of criminal behavior; theories are developed under models of thought. This process is called criminology and it is the study of crime and criminal behavior with some focus on lawmaking as well (McShane, Williams, 2010). Criminology has continued to be one of the cornerstones of our judicial system. The scientific research that goes into understanding individuals and societies, along with the variables involved, help the criminal justice system better understand issues that relate to crime. Criminology was first born in the eighteenth century and although it was not initially concerned with the aspect of understanding crime and criminal behavior, “it gained its association with criminology through its focus on lawmaking” (McShane & Williams 2010, ch.2, p. 15).
March 18, 2013 CJA-364 Criminal Procedure Policy In the criminal justice system, there are laws and certain guidelines that must be to follow, because the United States Constitution has requirements that rule. Due process and crime control models have been put into place in order help shape how the criminal justice system deals with criminals when they are caught doing criminal acts. They are the building blocks and help shape the criminal procedure policy, and have allowed the system for some fair trials or to some not so fair depending on the model being used. The United States Constitution has help shape these models because of the rules put into place by the fourth, fifth, sixth and the fourteenth amendments. Each of the selected
173 Reflective Journal. Week 1: Aims of the criminal Justice system This week was essentially an introductory topic and provided me with a basic understanding of the aims and operations of the criminal justice system. I learned that there is a number of different steps within the criminal justice system and the involvement of all the parties involved such as police, judge and jury and the defence. According to John Champion the main purpose of the criminal justice system is to process and prosecute individuals who commit crimes against society and to deal out suitable punishments for these individuals. This is a pivotal part in terms of maintain the functioning of society and to ensure that people don’t go around breaking laws wherever and whenever they want.
Criminal Justice Policy Process Amber Pickett AJS/582 February 4, 2013 Joseph Gutheinz Abstract This manuscript will describe the criminal justice policy process. The manuscript will also include the key actors in the criminal justice policy process, the steps involved in the criminal justice policy process, and suggestions to improve the criminal justice policy process. Criminal Justice Policy Process Crime control policies, protocols, standards, and guidelines are the efforts of the government to protect society from criminals by reducing crime through initiating policies to control criminal justice issues. The actors of the criminal justice policy process unite to determine what laws and policies can make society a safe place for everyone (Marion & Oliver, 2012). The criminal justice policy process reflects what is best for society as a whole and not what is best for individuals.
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.
The “due process” and the “crime control” models both have to follow a protocol, regulations, and laws as described by the United States Constitution. Regardless of the approach, it is followed either by “due process”, or by the crime control model, the laws and Amendments must ensure the same approach effectively and consistently (Zalman, 2008). Both models have other differences as well. For example, the “due process” model provides that law enforcement within the criminal justice system is important to ensuring appropriate justice within society. While the “crime control” model contemplates that, the criminal justice system has an adverse consequence and progressively stops the process of arresting people within the criminal justice system.
Outlining the Criminal Justice System In order to understand the criminal justice system of the United States it is imperative to first understand what crime is. Simply put a crime is the violation of a rule or law put in place by a governing body (Schmalleger, 2009). This is a broad definition that allows for variation in what is considered a crime all across the United States. Despite the varying types of crimes the elements of the criminal justice system are constant. The criminal justice system is composed of three parts: law enforcement, courts of law, and corrections (Schmalleger, 2009).
Both the federal and state correction systems should ensure that they execute the legislative and judiciary considerations in legal sanctions of offenders. The correction systems objectives should also be achieved so as to uphold the integrity of the criminal justice system. A balance should also exist between the determinate and indeterminate sentencing models. Both the state and federal legislation should have a clear cut of the offences which should be sentenced under the distinct model. In some crimes offenders are not eligible to be released or their cases heard by a parole board, the judge’s sentence should be