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).
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.
“Three Strikes” or Habitual Offender Comprehensive Exam Whitney Polen CJ 602: Comprehensive Examination Kaplan University July 31, 2014 Dr. Patricia Drown Introduction The “three strike”/habitual offender’s legislation needs to be consistent through all of the states. What it will take to understand why some offenders feel they need to repeat this criminal activity, having legislation that will work against these repeat offenders, because not all states are on board with the three strike law. Once someone is labeled a habitual offender and they commit a crime there are increases in the penalties they can be assessed. The type of crimes these offenders commit can also be ranked in a more serious class than if a first time offender had committed it. The sentencing can also add more time when a habitual offender commits a crime.
In other crime types once the intent is created it is followed by the execution of the act. The intent and act is not misinterpreted. In contrast, due to the element of disguise in white-collar crime the intent is blurred and frequently can only be obtained by interpretation. (Stephen Rosoff, 2010) White-collar criminals can only be successful if the victim is ignorant and negligent. Key differences between white-collar crime and other types of crime is that white-collar crime generally requires the victim to comply in being victimized in contrast to murder, robbery, assault or rape.
Jose Arana Mr. Guthrie 12/11/2013 Intro- AJ 111 1. Over the years, the criminal sentence has served a number of different purposes, including retribution, deterrence, rehabilitation, and incapacitation and are made for people to pay the crime they’ve committed and learn from it so that they wouldn’t do it again and for other to see that there are consequences for those who choose to not follow the laws 2. The six different types of punishment within the criminal justice system are capital punishment which is the actual process of executing someone. The second one is incarceration which is the most common punishment putting people away behind bars for a good time. House arrest is the third one which is almost the same thing as incarceration of prison difference is that your under incarceration in your own house and have different rules you need to follow and if you disobey them, then prison will be the second option, fourth option is probation this means that in some how you are free, but you still need to follow several rules by your “probation officers” depending if it’s an adult or juvenile order.
Criminal Acts and Choices Sandra Garcia Criminal Justice CJA/204 September 14, 2011 Leroy Hendrix, MS Criminals are often categorized or labeled as the bad seeds of society or the rejects and failures. Those are the individuals that make the choice of disobeying the law and decide to live the life of a felon. Those criminal behaviors later on result to becoming habitual and progressive towards severe crimes being committed. However, for every action there is a reason to better understand the mind of a criminal certain theories have been introduced to the criminal justice system to gain knowledge in why people commit crime and what can be done to prevent it from occurring. In this paper choice theories will be identified and how they
Contrast the functionalist and conflict theories of crime. The functionalist would argue that those who transgress are usually dealt with by the law and that order is restored. The conflict theorist would argue that the law enforcement system perpetuates the inequalities and would give the example of how many white-collar crimes go unpunished. Read more: http://www.ehow.com/how_8586125_compare-contrast-functionalist-conflict-theories.html#ixzz2iJlpn5zx Contrast the functionalist and conflict theories of crime. The functionalist would argue that those who transgress are usually dealt with by the law and that order is restored.
The juvenile court system and adult court system uses the same philosophies, but there are some differences between the two. The adult court and juvenile court are similar; both try to deter crime and sentence defendants through punishment philosophies to prevent future crimes. The first punishment philosophy is deterrence. Deterrence is to prevent crime by putting fear and convincing individuals not to commit a crime because he or he would be violating the law. Deterrence is for law enforcement officers in today’s society because police presence around the community prevents and keeps down crime in the
Criminals need to be punished to the extent if it’s a serious crime. I see serious crimes as murder, rape or abuse of any kind. Many people claim that the child did not know any better, or that they were brought up with the conception that this behavior is acceptable. Some even believe that it is a behavior that they inherit which they tend to call it the “Choice Theory”. In my eyes the criminal knows what they were doing and decided to go through with it.
Discursive Essay - Does prison work? This question is far too simplistic for a yes or no answer. Prison has four main aims firstly, retribution; to punish an offender who has broken the law, the punishment will reflect the seriousness of the crime and the level of moral fault. Secondly, protection of society; which takes criminals out of the circulation of crime and stops other people in society from becoming victims. Thirdly, rehabilitation; the use of effective counselling and educational programmes help offenders reform themselves.