Laws310 Week 5 Homework Assignment: a. Bobby is angry with his supervisor. He takes a gun to work, intending to scare his supervisor. He waves the gun around while yelling at the supervisor. The police are called. Officer Goodman approaches Bobby and asks for the weapon.
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).
You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect. In order to make a citizen’s arrest, they must come under any of the three sets of guidelines, these are: * arrest for an 'indictable offence' under PACE * arrest of a person’s committing, or about to commit, a Breach of the Peace under common law * Use of reasonable force to prevent crime or arrest offenders or persons unlawfully at large under the Criminal Law Act 1967. A citizen’s arrest is still a really important law in the UK as these powers of arrest belong to Police Community Support Officers (PCSOs). There are lots of differences between a citizen’s arrest and a police arrest... 1. If you believe a crime is about to be committed, you cannot make a citizen’s arrest; only if there has or is a crime being committed.
Criminal Wrong Doings Jennifer Hyler CRJ 201 Ginger Jarvis July 24, 2011 Criminal Wrong Doings The criminal laws control criminal acts and channel human behaviors. Criminal laws also orchestrate punishments and sentences to the ones who commit wrong doings crimes towards someone’s person or personal property. A criminal law assumes that wrong doings not only damage the surrounding people, but society as well. All violators that commit a crime such as murder or rape must be punished. Criminal laws also have two written laws that are split up into two different categories.
Andy & Harry’s Case To start with, Andy was making loud and insulting remarks towards Harry which basically started all this. In reality, you have to touch someone to get charged with assault, if you put someone through some sort of fear, this is known as assault which Andy might get charged for. However, the court is going to analyse what Andy has against homosexual people as he was going against Harry and his boyfriend. An example of someone getting assaulted without getting touched is Ireland (1997) when a man kept ringing a woman’s house on a daily basis. The woman was scared, paranoid and she later became depressed.
There are many theories relating to deviance and crime with each theory illustrating a different aspect of the procedure by which people break rules and are classed as deviants or criminals. (New texts pg 138) which highlights the problems in defining crime or deviance. DIFFERENCES BETWEEN CRIME AND DEVIANCE Many believe crime and deviance has developed on separate tracks over the years as criminologist serve only for legality, crime and crime-related phenomena. The study of deviance however serves for a wider range of behaviours that are not necessarily illegal for example suicide, alcoholism, homosexuality, mentally disordered behaviours. (Bader et al) The main difference between crime and deviance is deviant behaviour is when a social norm has been broken whereas a crime is where a formal and social norm is broken.
Police have two types of perceptions of the police mission, either a crime fighter or public servant. Police perception of themselves as crime fighters leads to certain decisions in their use of force, definition of duty, and their use of deception. If one views police as crime fighters these assumptions may include; criminals are the enemy and are different from good people, the police are the arm that fights the enemy using any means to get the job done, good people accept and understand that police are in a war and must be allowed deference in their decision making because they are the experts and only they know the enemy. The book states the definition of public servants as “professionals who are paid by the public and whose jobs entail pursuing the public good. If one views police as public servants, other assumptions include; criminals are people too just like the rest of us they shop, pay taxes, and have a family, police have limited ability to affect crime rates because the history of law enforcement originates in order maintenance, not crime control, and lastly they assume that police as public servants serve all people, including criminals meaning to not judge on decisions about an individual not being able to receive services.
According to Tappan’s (1947 p.100, quoted in Muncie et al 2010 p.4) “crime is an intentional act in violation of criminal law (statutory or case law), committed without defence or excuse and penalised by the state as a felony or misdemeanour”. In other words crime may be known as an act deliberately committed which breaches legal conduct punishable by state. This is a common understanding of crime today but unfortunately crime is not as simple as being a breach of law. The study of crime is vast and under constant debate. Crime is ever changing varying culturally, globally and historically.
Two concepts are useful: mala prohibita and mala in se. The first term means acts that are wrong because they are prohibited, such as driving your car above a certain speed on a particular roadway. The second term means acts that are evil at all times and all places, such as sexual abuse of a child. Obviously there are numerous laws that prohibit crimes which are in themselves evil, such as the statutes against murder, rape, child abuse, and a long list of others. These laws are useful because they establish levels of various crimes -- differentiating, for example, between killing a person by neglect (involuntary manslaughter), killing without intent (voluntary manslaughter), killing on impulse (second-degree murder) and premeditated, planned killing (first degree murder).
Yet it brings about so many different meanings. .The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. What is criminality? Criminality is basically said to be the state as that of a criminal, there are many curiosities of a criminal which is why there are many studies of a criminals behaviour, and what drives an individual to make choices that lead up to the meaningless evidential life of a criminal. Law and criminality is the study of ones behaviour and justifying that by the certain laws of the specific countries