These, however, must be proved appropriately to allow courts practice fairness in defenses. All criminal activities act within a law, which states the behavior allowed or disallowed by a state. Additionally, there must be an act performed to prove a crime. The American government, for instance, bases crime of acts rather than thoughts. Additionally, courts must gauge the intention of persons involved in criminal activities.
Criminal Procedure Policy Paper CJA/ 364 Criminal Procedure May 29, 2012 Criminal Procedure Policy Paper The role the criminal justice system plays in society is expansive. Criminal justice is designed to keep the public safe, to stop wrongdoing, to punish wrongdoers, and to provide order to society. Given this broad role there will be times when criminal justice will not perform all roles well. This means, of course, that criminal justice will often fail to meet public expectations. Ultimately, the needs people have for criminal justice mean that they believe the criminal justice system should be designed to pursue goals that fulfill
The officers must have enough probable cause or sufficient evidence to validate the arrest of the offender. | 3. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the moral agent—the individual contemplating an ethical course of action—what obligation is owed to the claimant? Why?
Assess the usefulness of functionalist approaches in explaining crime The functionalist approach to analysing deviance and the causes of crime looks at society as a whole. It explains crime that the source of criminal behaviour lies in the nature of society itself rather than in psychology or biology. Functionalists such as Durkheim see deviance as an inevitable and necessary part of society and too little is unhealthy. Some also consider crime to have positive aspects for society. In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime.
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 Procedure Policy Paper CJA/364 May 1, Due process is the legal requirement that the law must respect the legal rights of every human being. The due process model demands a careful and informed consideration of the facts of each individual case. According to this model, law enforcement agents must recognize the rights of suspects during arrest, questioning, and handling. In addition, constitutional guarantees must be considered by judges and prosecutors during trials. The primary mission of the due process model is to protect innocent people from wrongful conviction.
The punishment has to fit the crime and for the punishment to be effective it must be swift, certain, and severe. The Classical School of thought has several elements: 1. People have free will to choose criminal or lawful solutions to meet or handle their problems 2. Crime looks attractive when it promises great benefits with little effort 3. Crime maybe controlled by fear of punishment 4.
Criminal justice system: The criminal justice system serves four primary purposes: to deter future crime, to prevent the further commission of crimes by incapacitating the criminal, to punish the perpetrators and obtain retribution, and to rehabilitate criminals so they do not revert to a life of crime. Deterrence is achieved by creating punishments that will, in and of themselves, prevent individuals from attempting criminal activity. The theory behind deterrence is that an individual contemplating a criminal act will consider the punishment that awaits him if caught and it will deter him from engaging in said act. The criminal justice system incapacitates criminals by actually removing them from society through sentences of incarceration, thus physically preventing them from committing any further criminal acts outside the walls of prison. Retribution is primarily the application of
Within the rational actor model, the foundation of which is based around the classicist belief that criminal behaviour is a matter of conscious choice, exists 3 theories, namely ‘contemporary deterrence theories’, ‘rational choice theories’ and ‘routine activities theory’. The contemporary deterrence theory focuses on the swift and certain punishment that would guide a rational person to see that punishment far outweighed any benefits gained from committing a crime. This deterrent ideology is divided into two areas, namely general deterrence and specific deterrence. General deterrence is a display of what happens to offenders if they break the law to the general public, whilst specific deterrence uses punishment to discourage re-offending. High rates of recidivism however would suggest that this theory is somewhat ineffective.
The actus reus is that the victim must suffer actual bodily harm as a result of the battery. In this case Ken has broken his nose as the result of Toby’s punches. The mens rea is intentionally or recklessly inflicting unlawful force on the victim. Even if Toby did not intend actual bodily harm or foresaw a risk that his act might cause actual bodily harm, it would still satisfy the mens rea as S47 is a constructive offence. In this case Toby has been reckless and it seems that he also intended to cause the harm because he was angry.