Laws functions are broken down to theses following types: common law, ordinances, statutes, constitutions, administrative regulations, treaties, and finally executive orders. * Common Law is based on prior court decisions and a statute is a law put in force by elected representatives of the legislative branch of the government. * Ordinance is a law created by municipalities and counties. * Statue is a law that is elected by elected representatives of the legislative branch of government. * Constitutions are used as the overriding law.
It protects the guilty rather than the victims. This rule basically states that evidence obtained illegally cannot be used in a criminal trial. The basis of this rule is supposed to prevent the police and other sections of the government from illegally searching or violating our homes and our privacy. When all it really does is prevents the truth from surfacing and help criminals go free. After researching both sides of this issue, in no way am I stating that I don’t understand the determination of the opposing side to keep this rule.
Using material from item A and elsewhere, assess the usefulness of functionalist approaches in explaining crime. (21 marks) “Crimes are those actions deemed so disturbing to citizens of disruptive to society as to justify state intervention.” Pease (2002). Crime is any act which breaks the laws of society. For example, murder or rape. Deviance, on the other hand, is behaviour which moves away from conventional norms and values such as burping and farting in public.
The FCTA applies to local justice and security agencies under unique situations of negligence committed by local justice and security agencies. For example police agencies that do not arrest an intoxicated driver then subsequently the driver kill another motorist. The law enforcement agency acted negligently to protect the public and can be sued under the FCTA. Security agencies that do not conduct background investigations before hiring employees and act negligently on the field are responsible for their actions and can be pursued in court under the FCTA. Any organization always uses risk related techniques to protect the civil liability.
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
There is also agreement on an adversary system, procedural due process, and one’s day in court (Zalman, 2008). The most important function of the crime control model is as stated by Packer (1968), ‘the repression of criminal conduct by the criminal process’” “because public safety is essential to personal freedom” (Zalman, 2008, p. 5). The presumption surrounded by this value system is, in American society there will be a breakdown of public order if law enforcement does not keep a tight reign on criminals and their activities, and citizens of this
Key Legal Concepts and Features of the Legal System Types of crime: offences against persons, economic offences (property/white collar crime), offences against the State, drug offences, public order offences, traffic offences, ‘victimless’ crimes, preliminary crimes (attempts, conspiracy) Crime: “An act or omission which causes harm to society and punishable by the state.” Offences against persons 3 types o Homicide o Assault o Sexual assault Homicide Where a person is unlawfully killed 4 types o Murder o Intending to kill another person o Manslaughter o An unlawful killing o 3 types Involuntary: negligence causing death Voluntary: accused intending to kill but there are mitigating circumstanced, eg; provocation
Introduction The United States judicial system is unmatched and made of two separate court systems: the state and the federal court systems. Although state and federal court systems have the responsibilities of hearing certain kinds of cases, neither one is exclusively independent of the other and the two systems frequently interact. Although the two courts systems are different, the key goal of the two courts is to resolve any legal dispute and vindicate legal rights (Administrative Office of the U.S. Courts, n.d.). The purpose of this paper is to discuss the differences between the state court systems and the federal court systems. Every state has its own independent judicial system and in the judicial system the higher courts is the authority concerning the law with regard to state laws and the states viewpoint.
However, if the broader definition is adopted that states the existence of rules which determine governments operation and institutions, then a constitution exists in the United Kingdom. A.V. Dicey claimed that the United Kingdom Constitution was based on twin pillars of Parliamentary sovereignty and the rule of law. The United Kingdom constitution is characterised as being unitary and unwritten, however the division between written and unwritten constitutions is debateable. No constitution is exclusively written or unwritten.
A constitution is a set of rules that identifies the structure and relationship between the different parts of the government as well as the relationship between the government and the citizens. In some countries the constitution is the supreme law of the land and the source of legal power. The extent and nature of constitutional power is generally established and ceded to the executive, the legislature and the judiciary. Likewise, the constitution will usually define the rights and freedoms of citizens. A constitution then, confers power and provides legitimacy for the state’s use and limits of power.