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.
Two Models/Criminal Process Ashley Lawrence CJA/364 June 8,2013 Mathew Taylor Two Models/Criminal Process Two models within the criminal justice system play very important roles. One may say that within the political world the two models may even conflict with each other. Crime control model may be more liberal focusing on society and crime, which as for due process is to focus more on a fair opportunity for the one that is accused and many see it as conservative. The 4th, 5th, 6th, and fourteenth amendment all play important roles within the due process model, and the criminal justice system, to make sure everyone is given a fare trial. Due process occurs when fare treatment is given throughout the judicial system.
Police Powers in the Public Services P1 – describe the difference between arrest with and without a warrant M1 – explain the requirements of lawful arrest and detention D1 – evaluate the powers of arrest, detention and search There is a legal right that allows UK citizens to arrest another person. This law is given under Section 24 of the Police and Criminal Evidence Act (PACE), 1984. In order to carry out a citizen’s arrest, there are certain rules that say when you can and cannot make an arrest. If you have suspicions that someone has committed a crime, these suspicions are not enough, no matter how strong they are. You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect.
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). ● Civil lawsuits against government officials—the police, mainly—can be filed when neither the exclusionary rule nor other criminal remedies apply. Section 1983 litigation requires the plaintiff to show that a constitutional rights violation was committed by an official acting under color of state law. Section 1983 lawsuits can be filed against individual police officers, supervisors,
The Act contains a Charter of Victim’s Rights which requires, among a number of things, respect for a victim’s dignity, victim’s compensation, protection from the accused, protection of identity and assistance during the criminal process. The Charter also introduces victim impact statements, which is allows the victim an opportunity to participate in the process by letting the court know how the crime has affected them. The judge has a discretion to hear and to take into account a victim impact statement in determining the sentence. Victim impact statements are only permitted for serious offences and are presented after the offender is found guilty, before the sentence is passed. In the case of McCartney v R (2009) A male found guilty of sexual assault was sentenced to 2 years imprisonment, after the aggravating factors were considered, including the victim impact statement, it was concluded by the judge that the victim’s “life and studies have been totally disrupted by the event and suffered considerable distress.” The victim impact statement in this case influenced the sentence and the judge was able to effectively use his discretion to determine the best sentence for both the offender and the victim, by taking into account both the mitigating and aggravating factors.
Crime scene investigation is a dynamic and the nature of crime and the crime scene significantly determine the plan of approach. Crime scene processing is diverse in nature. It typically entails the procedures below. The first phase of crime scene processing is scene documentation. The main objective behind the documentation of a crime scene is to have a visual representation of the crime scene.
Public officials who make a complaint to ICAC are also protected from reprisals and other retaliatory actions under the Protected Disclosures Act 1994. In also achieving justice for individuals strict rules apply for instance, if a person who has been summoned to appear at an ICAC public inquiry or compulsory examination fails to appear, then the Commissioner may issue a warrant for their arrest. People who also fail to give truthful answers to questions asked will be
Police are government officials in charge of regulating and controlling affairs within the community. Police are designed to regulate, control, or keep order with or as if with a law enforcement agency. The functions of the police are to enforce the law, investigate crimes, apprehend criminals, maintain public order, prevent and reduce crime, and ensure community safety. The prosecutorial phase is perhaps the most critical stage of the criminal justice process, as it is at this point that many of the rights of an alleged offender and crime victim are brought into play. The offender's rights in the court proceedings include: The right to have legal representation.
Criminal laws also have two written laws that are split up into two different categories. One is substantive criminal law, which explains different crimes and punishments. The other is procedural law, which employs orderliness as to what law to enforce based off of the substantive law. The purpose of criminal law is to create a standard protocol of demeanors. Courts exist only to prosecute the criminals to the full extent of the law.
Question 1 Identify by means of a diagram the principal criminal courts in England and Wales. FIG 1 In reference to fig 1 the principal criminal courts in England and Wales, there are three main courts which are magistrates, crown and court of appeal. These courts deal with offenders on behalf of the state and the public and are there to maintain law and order and protect the society. The magistrates’ court deals with less serious or summary offences which may include, council tax, motoring offences, assaults and threatening behaviour. They also deal with both way offences which can be tried in both magistrates and or crown court.