Abstract The paper explains criminaldefense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminaldefenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.
From the Paper "The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."
Abstract The paper begins with an overview of how criminal liability is measured in terms of the degrees and principles surrounding liability. The crux of the paper, however, concentrates on aspects of the legal framework that provide defenses to criminal liability. This analysis is then supported with a theoretical framework and findings from the literature that are used to provide thorough analyses related to defenses to criminal liability.
Outline:
Introduction
Legal Framework of Criminal Liability
Strict Liability and the Defense Justification of Criminal Conduct
Criminal Liability
Defense Conclusion
From the Paper "The criminal liability relationship highlighted within the paper and later presented with examples for defenses to criminal liability is affected by differences related to types of crimes; such as, criminal conduct and true crimes. That is, the degree of liability within the former does not require all of the principles to be upheld while with the latter it is necessary that the corpus delicti rule holds. As such the measures of criminal liability are different across categories and may not be easily quantified in the relationship outlined in the equation specified throughout the paper. An example of the former is a burglary while of the latter its homicide, the difference within these two crimes is a clear indication of why criminal liability is not a trivial issue and why it is not always a direct relationship and how defenses can be formulated within the legal context (Schellenger & Wittmer, 2003, p. 1).
In the general scenario, the degree of liability can be easily established via culpability, capacity, and responsibility along with the five principles highlighted, however the logical structure of criminal liability is not as simple as the formula above highlights but has different scenarios and principles that will affect how the law is quantified or how the degree of criminal liability is measured."
Abstract This paper discusses contemporary ethical issues in the criminal justice system; from the municipal levels all the way up through the courts and the corrections system. The paper discusses how sometimes it is necessary to have intervention of the court in order to ensure that these ethical issues are addressed and that the civil rights of the public are not compromised.
Table of Contents:
Abstract
Criminal Justice Ethics
Areas of Ethical Concerns
Events Affecting Criminal Justice System
Admissible Confessions After Periods of Detainment
McNabb-Mallory Rule
Indigent Defense Flawed Defense System
Indigent Defense System Reform
Prosecutorial Misconduct
The Duke Lacrosse Team Case
Significance of Events
Impact of Improvements to the Indigent Defense System
Impact of Prosecutorial Misconduct
Future of the Criminal Justice System
Technology in Criminal Justice
Other Changes in the Criminal Justice Field
Civilian Oversight of Police Departments
Conclusion
From the Paper "All levels of the criminal justice system encounter difficult moral and ethical issues on a daily basis. Previous court decisions have set forth safeguards and guidelines determining what are considered ethical behavior. Additional question regarding the ethical behavior of criminal justice employees will continue to be an issue as technological advancements continued to be used in the profession for example. The safeguards that have been previously determined by the court system will continue to shape the ethical behavior by the criminal justice professionals that work within. Without these safeguards, criminal justice professionals would be able be free to engage in any behavior they wished to without the regard of ethics thus placing the public is at risk for being on the receipt of misconduct."
Abstract This paper reviews current law in the United States and in California on the insanity defense in criminal trials. It looks at the historical roots of mental illness as a defense and the application of rights and the rules of law. The paper cites cases.
From the Paper "Historically the roots of the legal notion that mental abnormality instability or insanity should be considered in assessing criminal liability date back to Greece before the birth of Christ. Based in large measure ..."
Abstract This paper reviews why it may be said that criminal court proceedings are almost invariably marked by a high degree of cooperation between competing sides, that is, it discusses the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. The paper describes the criminal court system and the attempts to provide a fair trial for both the defendant and society.
From the Paper "Cooperation between Defense and Prosecution and Criminal Courts The following paper shall briefly discuss the surprisingly degree of cooperation that informs relations between prosecutors and defense attorneys at trial. While it is tempting to suppose that the two sides are locked in constant combat and turmoil, their obligations under the law and the characteristic goings-on of criminal court cases actually a level of cooperation that might startle people unfamiliar with the legal process. With this in mind, the following paper will illustrate that even lawyers embroiled in a heated case are far more likely to work together for the cause of justice than they are to work against one another. Surprising though it may sound, defense attorneys and state prosecutors do work together - up to a point."
Abstract This is a high level essay discussing the implications of genetics in criminal behavior which then focuses on the argument of whether or not genetics and DNA should successfully be implicated for their role within the context of a criminaldefense. The stance taken for this paper is that this is not a viable defense for criminal activity. The paper cites current research.
From the Paper "The question of "nature vs. nurture" relative to the role of aberrant behavioral displays has been one that is long debated, filled with considerable research and vested interests on both sides of the debate and one that is not likely to be resolved in our lifetime. This paper will present a high level argument demonstrating that a defendant's genes, while potentially a contributory factor, do not by themselves excuse criminal behavior. Three factors will be reviewed: genetic predispositions and what they mean, role of the environment and the legal implications for genetic defenses. "Genetic Predispositions Tehrani and Mednick" (2000 as cited by Jones, 2005) concluded that there was conclusive evidence of a genetic "component" in criminal behavior."
Abstract This paper examines how self-defense is a justification of violence and how, according to self-defense laws, a person may defend himself or herself if he or she believes that there is a reasonable threat of bodily injury or death. It looks at how self-defense may also be used to justify the defense of one's property or even of a third person. It discusses Tennessee laws regarding self-defense and some of the exceptions to the laws.
Outline
Description of Self-Defense Moral Dilemmas in Self-Defense Self-Defense Defense of Third Person
Protection of Life or Health
Protection of Property
Protection of Third Person's Property
Use of Device to Protect Property
Conclusion
References
From the Paper "The two most important topics when trying to justify self-defense are necessity and proportionality. If someone is killed in the defense of another, the death is usually considered to be an accident and occurred only out of defense and spontaneity. When considering necessity, one must look at whether it was really necessary to kill or harm the attacker or intruder. For instance, the defendant should have defended his or herself only if it was necessary and the attack or danger was imminent and unavoidable. Proportionality is what is examined when considering the amount of force that was used compared to the amount of force necessary to deter or fend off an attacker or intruder (Uniacke 1994:32-33). Devine (1978) also brings up a point that is not commonly considered when examining the issue of self-defense: abortion."
Abstract This paper reviews the famous criminal investigation of the murder of a 6 year old girl in America, on Christmas Eve, 1996. The writer uses the book by Steve Thomas called "JonBenet: Inside the Murder Investigation" which provides an in-depth look at the murder and the investigation. The incident became a national obsession, featured day after day on network news, television tabloid programs, talk radio, newspapers and magazines.
Contents:
Introduction
Facts of the Case
Prosecution Evidence
Defense Evidence
Conclusion
From the Paper "The book gives a thorough account of the murder and investigation. Thomas develops the argument from the outset and presents it clearly in the book with examples of the effective techniques of the investigation and how to approach a complex case like JonBenet?s. According to him investigations must be carried out before evidence are mishandled or removed as in the case of JonBenet. A delay in investigation often tends to mislead investigative directions, creates difficulty in gathering evidence and creates a loss in the credibility of the testimonies. For example in the JonBenet case, the lack of cooperation on part of John and Patsy Ramsey, the parents of the murdered child compounded the difficulties. The police began treating the parents as the primary suspects."
Abstract This is a paper that goes into the different legal defenses that are brought up in criminal trials. The defenses included in this paper are duress, necessity, infancy, automatism, entrapment, and insanity.
From the Paper "A defendant may bring the defense of duress up when being prosecuted for a criminal offense, although not very often successful. There are two points that the defendant has to prove in order for this defense to succeed. The first point of this defense can be interpreted by meaning that the force used by the defendant must have been less then, but not greater then, the force which was used or was going to be used upon him. For example, if a person walked up to you on the street and said he was going to punch you in the face, that would not permit you to take out a gun and shoot him, nor would it permit you to take out a knife and stab him. The defense would be applicable though if you used only as much force necessary to subdue him from punching you. If on the other hand a person walked up to you and said he was going to shoot you, and then pulled out a gun, you could in turn shoot him, and have a valid defense. The second important aspect that the defendant must show is that the threat of force or harm must be imminent, meaning that it was happening right at that moment."
Abstract An examination into the criminal justice system in the U.S. as society becomes more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. The writer states that the fear of crime is a driving force in elections and political battles and the desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment. This paper uses a number of literary references to explore the concept of "cruel and unusual punishment", not just in relation to the death penalty, but the entire justice system.
From the Paper "Specific cases can create special circumstances which raise the issue of cruel and unusual punishment. In a decision in 1992, the Supreme Court decided that abuse suffered by inmates can constitute cruel and unusual punishment even if the injuries sustained are not serious ("Supreme Court Ruling Changes the Standard on Inmate Abuse" 195). The Michigan Supreme Court ruled in a case that a life sentence without possibility of parole for possession of cocaine violated the state's constitutional ban on cruel or unusual punishment (Hansen 25). This case of Harmelin v. Michigan went to the U.S. Supreme Court, which decided that the sentence in question did not violate the Eighth Amendment."
Abstract This paper discusses the major issues surrounding entrapment defense strategies on the part of a defendant. It particularly examines the objective/subjective and the predispositional approaches to the interpretation of entrapment by the different states. It uses the outcome of a single hypothetical case as a reference for either approach, and shows the outcome to vary depending on a state's case law and precedent.
From the Paper " Criminal Justice-Objective/Subjective In the case of the undercover female office arresting a male defendant for distribution of cocaine, in an objective/subjective entrapment state, a preponderance of evidence must be presented by the defendant illustrating excessive inducement on the part of the state. The danger for the defense in attempting to establish entrapment, especially by implicating the state as being somewhat complicit in the crime, is that the results are often the same regardless of the defense: "The controversy over the two versions of the test-the subjective and objective-is quite beside the point, because the two tests will virtually never lead to different results". However, in an objective entrapment state such as Washington, the defendant in this case may have a valid defense in that the plaintiff appears to have crossed the line of civil propriety."
Abstract This paper discusses how criminal justice proceedings in the United States are characterized by their adversarial nature, with one side arguing for the defendant and one side representing the interests of the people or the state. It examines how both sides have a chance to present their arguments before a three-tiered court system: the trial courts, the appellate courts, and finally, the Supreme Court, and how in this way, the judicial system maintains the system of justice in the country.
From the Paper "Both the defense and prosecuting lawyers are then given time to make "discovery requests," based on the rules in their jurisdictions. This allows both sides of the criminal case to gather facts and evidence that will be used for the case. In one of the final steps before a trial starts, the prosecutors and defense lawyers both select the members of a jury (Rabe 2001). The selection process allows both sides opportunity to ask potential jurors questions that would be asked during trial. Both sides can also weed out jurors and have the opportunity to, ideally, convene an impartial jury."
Abstract Plants have developed their own unique methods to protect themselves from threats and without these defenses would perish. These defenses range from natural defenses that plants have developed over time such as thorns or waxy leaves to bio-engineered defenses where the plants have molecularly altered defenses. This paper highlights the key plant defense mechanisms including structural, metabolic, defenses against insects, defenses against pathogens and disease resistant genes. It also examines biotechnology including case studies and discusses its future.
From the Paper "When an insect attacks a plant, the attack signals the plant to produce insect toxins. These toxins may have varying effects on insects. The effects may range from simply repelling inspects to inhibiting the insects development. The compound within plants that signals them to release the toxins is called systemin. Systemin activates two genes that in turn produce proteinase inhibitors. Insects use proteinase to digest proteins. When the plant releases the proteinase inhibitors, it prevents the insect's ability to digest the plant's proteins."
Abstract This paper attempts to analyze the recent increases of the national defense budget. The author argues this was plotted by US President George Bush and the US Congress in order to increase economic growth for future generations of American citizens. The writer further argues that these increases are the type of funding that feed capitalism in a negative way by promoting war and war industries. The author concludes that the current spending trends do not consider the average citizen.
Outline:
Executive Summary
Statement of Thesis
Introduction
Global Military Spending By Country
Background
Importance of the Research
Methodology
U.S. National Defense Spending Facts & Figures
Figure 2 Discretionary Defense Budget
Afghanistan and Iraq Missions and Impact on Defense -Spending Increases
National Defense Spending Insanity Evidenced in Thoughtless Waste
Analysis of 'Who' is it that Profits from Increased Defense Spending
Counter Argument
Figure 3
Findings of the Study
Discussion
Bibliography
From the Paper "According to the report entitled: "Recent Trends in World Spending: U.S. Military Spending Compared to World Spending" the United States military spending "...currently makes up 47% of the world military spending. The U.S. budget is also more than 8 times larger than the Chinese budget, the second largest spender." (Recent Trends in World Spending, 2006) In fact the rate of spending by the US military on a global basis rose 11% but if the costs of U.S. operations in Iraq and Afghanistan is subtracted from these figures the global military spending would have totaled a rise of only 4% in the year 2003 instead of the actual 11% rise stated. (Ibid) Additionally stated in the report is the fact that: "Among the four major spenders next to the USA- China, Russia, Japan, and, France. Only China has made any significant increase in its military spending since 1998 (an annual average rate of 10-12 %). Military spending in the other countries also increased but only moderately." (Ibid) The following table labeled Figure 1 shows the "Global Military Spending" by the countries of the United States, China, Russian, France, Japan, the United Kingdom, Germany, Saudi Arabia, India and South Korea during 2002."
Abstract This paper takes a look at global defense companies and the adaptations they have been forced to make over the years, in order to survive. According to the paper, defense spending has resulted in increased production of goods and services needed to satisfy the increased demand, a process that contributes to higher income and employment in the economy. The paper discusses how cutbacks influence the general economy.
Outline:
Chapter One: Introduction
Chapter Two: What are the Research and Development (R&D) Options for Companies such as NGC?
Chapter Three: What Options will be Most Beneficial to the Employees and the General Public of the U.S.?
Chapter Four: Can the U.S. Remain a Superpower and Protect Its People from Terrorism while Reducing Its Military?
Conclusion
From the Paper "In spite of these changes in the nature of the threats being arrayed against the U.S. at home and its interests and allies abroad and despite President Bush's articulation of specific campaign promises to "skip a generation" in weapons procurement, all three of the Pentagon's advanced fighter plane programs continued to receive funding; in fact, in 2002 alone, almost $12 billion was allocated to the Air Force's F-22 Raptor, the Joint Strike Fighter/F-35, and the Navy's F-18E/F fighter plane (Ciarroco, 2002). According to Ciarroco, "The F-22 has been described as a costly cold war relic designed for an enemy that no longer exists. The Super Hornet, as the F-18E/F is known, has not been able to meet key performance goals that were used to justify its development" (2002, p. 2). The JSF (also known as the F-35) was considered one of the more likely programs to be cut or scaled back; within weeks of September 11, 2001, though, Lockheed Martin was awarded a $19 billion development contract, and international partners formally joined (Ciarroco, 2002). "
Tags: NGC, weapons, research, development, defense, budget, battlefields, pentagon, government
