Abstract This paper looks at the six major steps in criminalprocedure. It then examines evidence and the rules of evidence. Finally it describes the difference between lay witnesses and expert witnesses and what problems with them may be.
From the Paper "There are several steps involved in criminal procedure - the six main ones being the commission of a crime crime detection by the police i e they investigate a complaint and find out that a crime has indeed been committed ..."
Abstract This paper explains that, according to Ferdico, the law of criminalprocedure can be described as rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens. The author points out that the "plain-view" doctrine is the procedure or rule that guides the officer in making a search of an individual or their property and in making an arrest of an individual; items in "plain view" or out in the open for view, may be seized by police in evidence in making an arrest for illegal possession of drugs and weapons. The paper concludes that Ferdico not only understands but also explains thoroughly arrest, questioning and processing procedures as well as the trial and case proceedings which are required by law enforcement, prosecution and defense in the 'criminal court procedures'.
Table of Contents
Statement of Thesis
Introduction
Right to a Fair Hearing/Trial
Double Jeopardy
Arrest Warrant
Probable Cause
Use of Force
The Standard of "Reasonableness"
Plain-view Doctrine
The Carroll Doctrine
Escobedo and Miranda
Conclusion
From the Paper "Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual. In other words, policies of the government that are originally focused toward protection of the individual and maintaining law and order in the community may very well result in increased breaking and disrespect of the law that sought to protect. Ferdico next gives the history of the development of U.S. law relating the historical facts concerning the U.S. Constitution and the accompanying Bill of Rights. The laws governing rules and procedures and protecting the rights of the individual are based on the principles of Constitution in the United States of America, which is a country governed by democracy."
Abstract The paper discusses and explains the differences between substantive and procedural law and substantive and procedural due process. The paper then examines its applications to policing structures world wide, juvenile delinquency and the American criminal justice and policing system.
Outline:
Substantive vs. Procedural Law
Various Forms of Police Structures Throughout the World
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
From the Paper "There are varying policing structures throughout the world, including those in Japan that emphasize a more empathetic and rehabilitative policing structure, where police agents are encouraged to take on a more parental role in rehabilitating criminals, to that of a more socialized policing system, as that in China, where crime is addressed under more stringent and directed manners (Weiss, 2000). In Poland, the criminal justice system is described by Weiss (2000) as one that is privatized, represented by "growing state repressive arsenals" where corporations and individuals have more control over security and where policing takes on many different forms, reflecting formal state sanctions throughout regions of Poland (p. 1). This compared with private security firms in China that operate more as "wholly owned subsidiaries of the state Public Security Ministry" (Weiss, 2000, p. 1). Privatization is a model used in many countries aside from Poland, including in Brazil, and is often used to "deconstruct the political and state-organized nature of violent social control" many associate with other forms of policing (Weiss, 2000, p. 1). Many suggest that privatization is the key to promoting less violence, however, there is the possibility of increased brutalization and terror under such systems. "
Abstract This paper explores the evolution, history, and modern structure of the U.S. Criminal Court System. The paper looks at the appellate review process, federal rules of criminalprocedure, and the appellate jurisdiction of the U.S. Supreme Court.
Outline
Evolution and History of the Criminal Justice System
Modern Structure of the Criminal Justice System
The Appellate Review Process
The Federal Rules of CriminalProcedure The United States Supreme Court
From the Paper "When the British first colonized the Americas, they adopted their centuries? old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to the American Revolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method for mediating disputes between citizens of different colonies."
Abstract The paper notes that in the U.S. Muslim women are required to lift their veils for identification photos such as passports and drivers licenses. This paper provides a review of the relevant peer-reviewed and scholarly literature to demonstrate that such demands are not subjective, unreasonable and violative of religious freedom, as well as the right to privacy and due process, and that the state does in fact have a "right to see your face." A summary of the research and salient findings are presented in the conclusion.
Outline:
Review and Discussion
Conclusion
From the Paper "According to this author, the judge in the case admitted the plaintiff's religious sincerity and considered Freeman's argument that comparable rights had been extended to isolationist Christian sects in the 1970s and 1980s, but pointed out that much had changed in the intervening decades and that the introduction of technology and new threats to the nation's security. The other arguments used by the plaintiff in support of her position that she had a right to a Florida driver's license without having to submit to a photograph of her entire face were likewise countered by the judge who pointed to the overriding security interests of the state and the innovations in technology that had been introduced over the years. In sum, the judge clearly stated that, "Plaintiff certainly has the right in America to wear her niqab and hijab in public and even while driving, but that is not the same thing as presenting a masked photo for ID purposes" (Freeman v. DMV, p. 12). "
Abstract This paper looks at the tendency of the U.S. criminal justice system to focus primarily on minority groups and to mete out unnecessarily harsh punishment for minor crimes. Statistics are provided to support this contention, and the negative consequences of such a criminal justice system are discussed. The paper talks about the need to change the system and the probability of change, considering the growing awareness of human rights and equality.
From the Paper "The criminal justice system in the United States has been the subject of increased scrutiny for some decades. If the statistics are taken into account, it appears that there are several shortcomings that need to be addressed. One of these is for example the focus and manner of punishment of certain crimes. The focus of criminal justice appears to be on minority groups to an incongruous degree. Furthermore crimes of a lesser nature appears to draw sentences that are unnecessarily harsh. The problem with this kind of criminal justice system is that the attention of crime fighting and prevention are focused in the wrong areas, and thus crime that should be curbed is allowed to increase rather than decrease."
Abstract The paper discusses Gilbert Stuckey et al.'s book "Procedures in the Justice System" which explores the underlying philosophy and history behind the concept of justice in depth. The paper shows how the authors endeavor to create a deep understanding of the American justice system and the need for law and order for all. The author of the paper surmises that the American justice system is a double-edge sword in dealing punishment that fits the crime and that there is room for improvement so that the system doesn't unintentionally work against the victim. The paper also focuses on cruel and unusual punishment.
From the Paper "Our justice system is the mechanism for deterring crime"or so we think. Let's look at the facts. More than 1.5 million people are incarcerated in the United States today, .4% of the population Today, 25% or more of California inmates are incarcerated for drug related crimes. In the 1980s alone, 8% of the incarcerations were drug related and 57% were for violent crimes. And the statistics go on. So how effective is our justice system" Are we too lenient? Or are the loopholes of some of our laws preventing us from really curbing crime."
Abstract This paper outlines the educational requirements for a career as an attorney. The paper describes the entrance exam for law school, the courses taught at law school, and the final exams at law schools. The paper also describes the way law firms typically offer internships and the career track of a attorney specializing in criminal law.
From the Paper "The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles. Since applicants? undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)"
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."
Through a study of Stanton E. Samenow's book 'Inside the Criminal Mind', this paper argues Samenow's approach to criminal behavior that the blame lies with the criminal, not society.
1,125 words (approx. 4.5 pages), 4 sources, 2006, $ 44.95
Abstract This paper explores Stanton E. Samenow's book 'Inside the Criminal Mind' and outlines the general strength of his argument as well as the surprising parallel between his doctrine of personal accountability and traditional Christian ethics. The paper notes Dr. Samenow's disdain for sociological explanations for criminality and also records some of the views of David Powlison, a Christian scholar whose work shares some of the same general conceits as Dr. Samenow.
From the Paper "One of the great mysteries of criminal psychology over the generations has been what precisely it is that motivates seemingly intelligent and - on the surface, at least - well-balanced individuals to commit illegal acts. For many years, it has been thought that social factors created criminals - or at least a great many of them. However, since the 1990s, Stanton E. Samenow has argued publicly that social factors really have nothing at all to do with criminal behavior; rather, people do wrong because their peculiar world-view privileges wrong-doing. The following paper will review Samenow's theory and argue that his work offers a compelling justification for such a view. "
Abstract The paper proposes the perfect criminal justice system, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justice system will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System
Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract This paper discusses three cases where a person's procedural rights were violated. In one, an illegal, warrantless search and seizure violating 4th and 14th Amendment rights; in the second an illegal warrant issued on information from an unproved informant violating 4th amendment rights, and in the third, a violation of 5th amendment rights in four cases where suspects were interrogated without being mirandized.
From the Paper "Mapp v Ohio Criminal Procedure Constitution and Society: In this case the police went to Mrs Mapp's residence on a tip that a suspected gambler involved in a bombing was residing there. They did not have a warrant so she refused to let them in ..."
Abstract This paper analyzes and evaluates the effectiveness of imprisonment in rehabilitating criminals. In Part II, theories underlying criminal punishment are discussed. Part III examines the history surrounding incapacitation. In Part IV, the effectiveness of incarceration in rehabilitating offenders is analyzed. Lastly, this paper concludes with recommendations for ways to improve how the criminal justice system handles punishment.
From the Paper "Crime is an issue of paramount importance, one that impacts each and every member of society on both a micro and a macro level. Over the past two decades, public concern has vastly increased over specific aspects of the crime problem, namely juvenile crime, prison reform, the role of television in producing violence, and urban gangs. Crime exacts more than financial costs; emotional costs are incurred when a criminal murders an individual's close friend, family member, or loved one or when an offender is incarcerated, depriving his or her family of emotional and financial support. Imprisonment is one of the oldest and most widely accepted responses to crime. However, while incapacitation is an effective mechanism for removing criminals from society, opponents argue that incarceration does not truly rehabilitate offenders."
Abstract This paper examines the cause of criminality as a political stance understood through the societal interpretation of individual behavior. It describes that Karl Marx viewed criminality as a political agenda. The paper argues for a more feminist and Marxist model of criminal justice, which would focus less on how to extirpate crime and more on how to achieve greater social harmony.
From the Paper "Criminality has been sociologically defined as a form of behavior deviant from the normal and acceptable code in society. It is based on the premise that the action taken by an individual breaks the natural rights that are accorded to the person by birth and right. Yet, there is still controversy connected with the definition of criminality as philosophers and sociologists struggle to understand and create a universal understanding of criminality. Through various cultures and codes the concept of criminality differs and thus defies the definition of criminality as a whole. As we study the concept of criminality we can state that it is a political idea rather than an ethical form of behavior. An action considered unethical may not be criminal and by the same base an idea that is ethical may also be criminal depending on the culture and political base. In context of such a theory then, criminality can be understood using various sociological contexts. Here we will undertake to understand criminality through a feminist view compared with Karl Marx's theory."
