Criminal Law Foundations Evaluation

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Criminal Law Foundations Evaluation Robert G. Skelton CJA 484 01/12/2014 Nicholas Barbella Abstract Laws were written to protect society from the criminal element, to protect the rights of the individual accused and to keep law enforcement in check to prevent an abuse of power. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. It will also explain how these safeguards of the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus on the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel have on the day-to-day operation for juvenile and adult courts. 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 laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When
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