Criminal Gang Enhancements in Sentencing. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming.
According to Ferdico the law of criminal procedure can be described as "rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens.
Constitution and the Individual Rights expressed in the Bill of Rights. Ferdico states that these are the common working within every government that is not "totally authoritarian or anarchistic.
Criminal personality profiling has emerged as an important forensic science tool because of the growing need for professionals in the behavioral science sector to help law enforcement personnel in dealing with various crime scenes. The paper discusses this technique in light of its definition and recent advances as a science rather than an art. The discussion demonstrates how various attributes of a crime scene and investigations have led to its development and use in modern criminal justice system.
The discussion also includes a brief analysis of the three major stages in the process of criminal personality profiling. These stages are generation of hypotheses to be used as leads for arresting and prosecuting unknown offenders, providing suggestions for interviews, and evaluation of physical evidence.
The modern criminal justice system is characterized by a growing demand for professionals in the behavioral science field to help experts in law enforcement and criminal justice…… [Read More].
Criminal Justice Leadership Identify two types of ethics and explain their role in criminal justice organizations.
Support your responses with resources. Ethics are concerned with the issues of right and wrong and provide a framework for moral living. Ethics in the criminal justice system is an integral part of police work. Ethical considerations are paramount to decisions involving discretion and a strong moral foundation suits police work well. Banks notes that knowledge of ethics provides people an opportunity to analyze assumptions and weigh options. Two types of ethics that have particular importance in criminal justice are normative ethics and ethical absolutism.
Normative ethics Normative ethics is fundamental to proper and prudent decisions made by personnel in the criminal justice system. Banks writes that normative ethics involve taking into account the range of moral issues in an area and that a person should always act morally, having deduced the…… [Read More]. Criminal Justice System in the United States. Criminal Justice System in the United States In today's world, it seems that crime simply cannot be fully stamped out.
Yet, that is the essential goal of the field of criminal justice. In fact, criminal justice is the pursuit of investigating crimes, as well as trying and punishing those criminals who commit them. The very essence of criminal justice is the need to protect society from crime that may otherwise harm those within it. This is what makes criminal justice such a crucial element to today's modern world. The definition of crime is not as cut and dry as many might think. Essentially, the modern dictionary states its definition "an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law" Encyclopedia Britannica Crime is essentially…… [Read More].
Criminal Investigation Scenario Criminal Scene. As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded on the basis of the exclusionary rule while the physical evidence is excluded on the basis that it's the fruit or product of illegal interrogation.
The significance of the exclusionary and the fruit of poisonous tree doctrine is that they both provide a deterrence approach regarding criminal investigations and the admissibility of evidence obtained from the investigations. Based on constitutional and federal violations, these legal concepts are based on deterrence as the rationale and exclusion as the remedy Pitler, , p.
In the scenario involving the warrantless search and seizure of Ellis household, the exclusionary rule and the fruit of the poisonous tree doctrine are significant in determining legality of the investigation and the admissibility…… [Read More]. Criminal Justice the Use of. Officers simply enter information on these cases and the program attempts to make possible connections to other entered data.
Clearly this program increases understanding of criminal typologies because it allows a law enforcement agency to find patterns in behavior across numerous jurisdictions. More so, it is an easy and efficient method of tracking criminals, including sex offenders, especially in cases that have gone unsolved for numerous years.
Modus Operandi Database Modus Operandi, which means, "mode of operation" is used to describe a criminal's characteristic patterns and style of going about their criminal acts. It is often used in offender profiling as tracking the modus operandi often leads to clues involving the offender's psychology. A modus operandi database merely collects and organizes information on modus operandi, allowing law enforcement agencies to make connections to other agency information.
Such database programs clearly allows law enforcement agencies to increase their understanding of…… [Read More]. Criminal Justice Substantive vs Procedural. Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt have taken on a much more philosophical approach to juvenile delinquency, supporting a Confucian style structure of education and support, one that works toward educating children to become part of the larger social collective p.
In this environment, children are encouraged to become more socially aware and to self-regulate, often given the opportunity to reform before they are punished for wrongdoings.
This conflicts sharply with juvenile delinquency programs and structures elsewhere in the world. Criminal Justice Explain Community Corrections.
This may mean an expansion of white-collar task forces designed to investigate such crimes. Question Predictions are that terrorist will continue to commit heinous criminal acts against our citizens in the future. If this prediction comes true, what, if any, effects will this have on the corrections system.
Will Criminal Justice Administrators need to rethink what "model" more punitive or restorative model of justice should be used if more and more terrorist are incarcerated in our prison system? Why or why not? If terrorism becomes the focus of the criminal justice and prison system, this means that more and more non-citizens are likely to be incarcerated in the future. The result of this is that the United States must develop a more clearly defined policy to handle suspected terrorists in a legal and ethical fashion, so as not to draw the anger of the international community, or of congress.
Criminal Justice Final Define the. This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact.
Instead, in cases of forcible rape, the Code simply requires that the defendant: Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion. Maria, a single mother, goes on her third date with John.
They return…… [Read More]. Criminal Justice System the American. Appeals If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime. Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial. The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.
If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state. If the…… [Read More]. Criminal Investigation Plays a Crucial Role in. Criminal investigation plays a crucial role in law enforcement in relation to the arrest, prosecution, and conviction of criminals.
This paper examines the evolution of criminal investigation research in light of the developments that have taken place in this field. A history of the criminal investigation is also discussed as well as a definition of the criminal investigation process. The author also examines how DNA, fingerprinting, and forensic science have developed to become crucial in criminal investigation research.
Investigation Research A criminal investigator can be described as an individual who collects, records, and analyzes evidence and information related to a criminal offense. The main goal of criminal investigation is to discover the truth regarding the events and processes that contributed to the occurrence of a criminal offense.
Generally, the investigative process has four major objectives i. Criminal justice is about the laws which are related to criminal behaviour. Criminal justice includes the area where judiciary is involved for e. Lawyers are directly associated with the crime because they can defend or prosecute the criminals.
As a professional field of study criminal justice involves studying the behaviour. The aim of the study is to gain knowledge and awareness of rules, laws and rights of victims and suspect both.
In Criminal Justice ethics, diversity and conflict plays a major role. As a student of Criminal Justice I have learned that ethics is important in making moral judgments which demonstrates clearly that what is right and what is wrong. An ethical framework of justice is required to make fair decisions. When we talk about ethics in criminal justice here, we are suppose to forget about the emotions, personal values and instincts that can create or raise…… [Read More].
Law Enforcement Patrols and Gangs When the. Law Enforcement Patrols and Gangs When the Police Are Called A call for police response by citizens is a service call, in which the public has an implicit assumption for immediate solutions.
In addition to the four classifications, the ease of calling '' can compel citizens to use the police emergency line to communicate disruptions of traffic or malfunctioning city services. The assumed duty of the police, by the public, is that the cause of the situation precipitating the call will be negated.
The public may desire for a resolution, however the police are typically limited to diffusing situations. Although an officer may lack the legal authority to compel a citizen…… [Read More]. Law Enforcement Technology Do You. Community policing calls for decentralization both in command structure and decision-making.
Decentralized decision making permits officers on the front line to take responsibility for their job. When an officer is given more power to create solutions to problems and take risks, they feels more accountable for those solutions and assumes a greater responsibility for the well being of everyone in the community. I think that even with the availability of more real time information that managers will continue to follow the Community Policing Model.
I feel this way because I believe that the Community Policing Model is a good idea. It allows for the officers on the street to have more control over the decisions that they make. It empowers…… [Read More]. Criminal Justice as Portrayed in. The criminal association principle suggests that being socialized to regard crime as acceptable or to admire criminals plays a role in the choices made in that regard.
The fact that Pistone and Napolitano were actually raised in very similar circumstances where each had the same type of exposure to organized crime families illustrates that rational choice is more important than criminal association because Pistone made the conscious choice to become a federal agent rather than one of the criminals who controlled his childhood neighborhood Macionis, ; Schmalleger, The segment of the criminal justice system portrayed by Episode 71 is criminal investigations and the operations of the criminal justice system.
Fisher was allowed to plea bargain the charges of attempted murder despite the fact that she deliberately shot the wife of her lover in the head in the attempt to murder her. The episode suggests that her age was a…… [Read More]. Criminal Justice Sex Offender Regulations. The website explained that the law's necessities turned on a person's finding of guilt alone a fact that a person had already had a procedurally protected occasion to challenge.
Even if the person could show that he was not liable to be presently harmful, Connecticut had determined that the registry knowledge of all sex offenders had to be openly revealed.
The offender had relied only on procedural due process, not on the substantive part of the Fourteenth Amendment's safeguards. In a decision the judgment was reversed. In an opinion by Rehnquist, Ch. Such is the case with Tennessee v Lane, a case in the Supreme Court that focused on the legality of Congress to enact laws such as the Americans with Disabilities Act under section V of the Fourteenth Amendment.
The High Court ultimately found that Congress does have the power to enact a law which may run contrary to an individual state's sovereign immunity in cases that implicate access to the courts Tennessee v Lane, The suite was brought by plaintiffs who were disabled, lived in Tenessee, and claimed that they were unable to access the upper flowers of the state courthouses, thus denying them a public service under Title II of the ADA.
The state of Tennessee argued that the 11th Amendment prohibited the suite. Congress, said Tennessee, could use its powers to remedy discrimuination that was blatant and purposeful, but not in general because of a state's sovereign…… [Read More]. Criminal Justice System the Judiciary of the. Criminal Justice System The judiciary of the United States is created as a co-equal branch of government under the United States Constitution, along with the executive and legislative branches.
It is the judiciary that oversees the country's criminal justice system of courts. The court system in the United States is a holdover from its colonial days and closely follows system laid out by English Common Law. This has given rise to the adversarial court system today, where two sides -- the plaintiff and defendant -- argue their cases in front of an impartial judge and a jury of their peers Neubauer Most criminal cases are jury trials.
A jury is charged with determining the facts of the case, as argued by prosecutors who represent the state and the lawyers representing the defendant.
The presiding determines and interprets the law in relation to the case Rabe Beginning of a…… [Read More]. Criminal Defense Homicide Case. Criminal Defense Homicide Case Fourth Amendment Searches and Seizures in Contemporary America The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unconstitutionally. Presumably, the exclusionary rule would be the primary vehicle for moving to have this evidence excluded.
If the search and seizure was conducted without a warrant and not incident to an arrest, vehicle stop, or hot pursuit, then there is a good chance the evidence can be prevented from being presented to a jury. Any evidence obtained as a result of an illegal warrantless search would also be excluded under the "fruit of the poisonous tree" doctrine.
If there was a problem with the probable cause determination or how the items searched for and seized were described in the warrant, then getting the evidence excluded will be much harder if the police can show…… [Read More].
Criminal Justice Theory and Policy. The reduction occurs through allowing the counties to acquire other methods of jailing apart from the prisons. This includes out-of custody rehabilitative treatments, which could serve in reducing the number of the criminals taken to the prisons. However, the AB criminals must be individuals whose crime are not violent and not that serious as provided by the law.
This means that that jailing of the A criminals in other alternative would involve selection from the other criminals. However the unstated implication is that it would be much difficult to rate a crime as either more serious or not serious. Consequently, the rationale provides higher chances of biasness of selecting some non-serious cases while leaving others. A perfect example of embezzlement is the case Bernie Maddox; he convinced rich clients to give large amounts of money to invest in a false venture and never paid them back.
Last but not least, Extortion is the obtaining of property from another induced by roomful use of actual or threatened force, violence, or fear, or under color of official right. There is a difference between extortion and robbery.
Robbery is when someone walks up to a person and either uses force or show the intent of using force to take from them. Extortion is common in organized crime. They call it protection but hen a small business owner is forced to pay a thug from a crime family it is able to prove either that an illegal threat was made, or that goods or services were received in exchange for such a threat Smith, Many seriousness require the proof of intention or recklessness on the part of defendant, and in criminal proceedings, the court….
When a person violates the mandatory actions, then it reveals that you have omitted the legal actions provided that the….
So we will have to break it down into smaller pieces to understand. The focus will be on its sources,…. Criminal Laws In Alabama, Burglary is when a person knowingly enters or remains unlawfully in a building with intent to…. What should the laws espouse be? As Bill has committed the act of…. Offenses such as speeding are considering minor…. Sally could be prosecuted for uttering a forged instrument.
Answer Question 4 A mere trespass to land or personal property…. Rowena bade her to come in and told her to sit down. Rowena then stood up and Marvel that she…. Starvation of child Below is a brief overview of the offence: The offenders, SW and BE were the parents of…. Presented within this essay you will find information about crime statistics and how they have changed over the past 30….
The decision whether or not to grant bail is initially made by the police and later by a court. According to text, criminal law protects society from harm, assuage victims of crime, punish and rehabilitate offenders, preserve and maintains….
Home Law Essays Criminal Law. By admin Law Essays October 15, On the other hand, positive law is forced by the government for everyone to obey Schmalleger, In order for the law to be a positive law it must be formed and applied so that it is acceptable by most people Schmalleger, Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and examples that help steer the decisions of the judicial system Schmalleger, Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is broken.
Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls Federation Press. Three purposes of criminal law are for the protection of the offender, punishment and protection of the community Federation Press.
When discussing criminal law an individual must know how jurisdiction plays a major role in how criminal law is enforced and created. The definition of jurisdiction is a specific geographic area where a law enforcement agent can exercise his or her authority. It means that a particular group or department in the criminal justice system has legal power.
Those that make the laws for a specific area or jurisdiction create laws in regards to the criminal law. If there is an act that will harm the community those of the judicial system within the jurisdiction will create the law that will protect the community.
Criminal Law Essays. The selection of criminal law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference laheimdo.cf if you wish to .
For QUESTIONS ONE, TWO and THREE, you need only refer to the following list of state statutes for all substantive crimes. For criminal law defenses, however.
- It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Question #1 Michael Smith was canoeing down the Rifle River in Michigan with his wife and two children. About forty yards ahead of him, there was a group of.
Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. Criminal Law Case Study Essay - The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide).