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 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."
Abstract This paper analyzes and examines the various issues related to corporate criminal liability. Executives and managers may be criminally prosecuted as individuals for the actions of their businesses, even if they neither knew about nor had any role in the crime. Thus, executives and managers may be sentenced to jail time simply for company violations that occurred on their watch. This paper discusses some of the applicable case law and statutes with examples from real life cases and then outlines how executives and managers may avoid or minimize their risk of criminal liability. It concludes with recommendations for improving corporate ethics.
From the Paper "Criminal prosecution of executives and managers for the actions of their businesses sharply increased during the 1960s and again in the 1980s after the junk bond and Savings and Loan scandals erupted. Various factors contributed to the rise in criminal prosecution of executives and managers for the actions of corporations. First, prosecutors became much more willing to take action against individual managers for criminal offenses by their businesses. Second, both Congress and the states incorporated criminal penalties for responsible individuals into an increasing number of regulatory statutes. Third, courts became more willing to interpret these statutes as public welfare legislation and to hold businesses and their executives and managers strictly liable for the consequences of a violation."
Abstract This paper explores the criminal justice system in Argentina. It looks at the historical development of the criminal justice system and examines the series of transformations of the criminal justice system over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags:criminal justice, argentina, junta, dictatorship, due process
Abstract This paper examines the use of criminal law for purposes of social engineering. The point is made that criminal law can be used as a tool for social engineering via its prohibitions and the punishments, and can operate to instill virtues. It notes that there are serious ethical and moral concerns associated with this use of the criminal law.
From the Paper "Social engineering is commonly defined as the use of private and or governmental functions and operations to manage population attitudes and behavior on a large scale..."
Abstract This paper explains that an interesting but not surprising theme of this debate is that most advocates of an international criminal court tend to be from smaller and less powerful countries. The author points out that most opponents of an international criminal court tend to be from powerful, wealthy, industrialized countries. The paper relates that some of the main argument in favor of an international criminal court are its empower of weaker countries and their citizens and the reduce global tensions.
From the Paper "In analyzing whether the world needs an international criminal court, it is evident that a number of arguments have been made both for and against such a court. The first main pro argument in favor of an international criminal court is that it would empower weaker countries and their citizens by providing them with the means through the ICC to redress grievances against powerful countries or their citizens. The second main pro argument is that the establishment of an ICC would reduce global tensions through the empowerment it provided weaker states and their citizens."
Abstract This paper examines four of the most common methods used today for criminal corrections, also known as the goals of criminal law. These are retribution, deterrence, incapacitation and rehabilitation. The paper concludes by selecting one of these methods as a representative of the best way to fight criminal behavior, one that will yield the highest benefits for society as a whole.
From the Paper "However, this report also declares that "to discuss imprisonment while excluding incapacitation as one of its purposes would be absurd" ("Incapacitation and Deterrence," Internet). Incapacitation is similar in some ways to retribution, for when a criminal is placed in jail or prison, they are incapacitated in the respect that they cannot leave to commit other crimes. Yet when a prison sentence is over, the criminal/felon is allowed to leave his/her confinement which opens the door to more criminal activity, unless of course the prisoner is radically incapacitated by having legs removed or being blinded."
Abstract This paper describes the elements and uses of criminal psychopathology in developing profiles to locate perpetrators of crimes. The author presents appropriate terminology and definitions throughout the paper. Two different types of criminals and their personality traits are examined. The paper further evaluates different methods of developing criminal profiles. The author concludes by calling for more research in this area, with special reference to the role of mental health professionals.
From the Paper "The first approach in criminal profiling, diagnostic evaluation, adapts a psychotherapeutic theory on crime by the individual investigators (Muller 2000). This approach relies mainly on clinical judgment and the investigators' individual assumptions and assessment. The second approach, crime scene analysis, or CSA, was developed by the Behavioral Science Unit of the American Federal Bureau of Investigation or FBI. And the third, called investigative psychology, was evolved by British environmental psychologist, David Canter. The CSA is mostly applicable to serial murderers. Recently, the FBI broadly categorized offenders into disorganized and organized (Muller)."
This paper compares Texas and Washington criminal laws on controlled substances, driving under influence and possession of firearms by felons and aliens.
Abstract This paper compares the criminal codes of the states of Texas and Washington with regard to certain subjects. The first part discusses the laws relating to controlled substances. The second part looks at some criminal aspects of intoxication, particularly with regard to driving under the influence. The third part examines the laws concerning the possession of firearms by felons and aliens.
From the Paper "Texas has divided controlled substances into four Penalty Groups (Health and Safety, 481.102 - 481.105) The substances in Penalty Group 1 carry the heaviest penalties; those in Groups 3 and 4 carry the lightest penalties. The penalties themselves vary with the amount of the controlled substance found in the defendant's possession and the intent of the defendant (to manufacture and/or deliver or simply to possess). For example, an offense involving the manufacture or delivery of less than one gram of a Penalty Group 1 substance is a state jail felony; if the offense involves the manufacture or delivery of more than 400 grams, the offense is punishable by 15 years to life in prison ( 481.112)."
Abstract This paper discusses how the terrorist attacks of September 11, 2001 have caused numerous changes in criminal policies. It examines three of those effects ? the expanded powers of the President and Attorney General, new policies that could affect local policing and concerns about infringements on civil rights and liberties. It looks at how these policies have relaxed the restrictions on federal and law-enforcement authorities, giving them greater latitude in activities like search and seizure, eavesdropping and the detention of suspected criminals. It also shows how civil rights groups have also expressed concern that such measures are unconstitutional.
From the Paper "On the downside, some cities have seen an increase in crime rates as a direct result of the terrorist attacks. Generally, the extent of law enforcement authority varies with the nature and size of the criminal environment faced by the police. The terrorist attacks have greatly raised demands on law enforcement in New York and Washington, DC. In other places, police manpower has been diverted towards activities relating to homeland security. These include guarding public events and places as well as responding to reports of possible terrorist threats. As a result of this drain, some cities have seen a corresponding increase in theft and homicide (Stuntz)."
Tags: 9/11, law-enforcement, criminal, policies, president
Abstract The way criminals are sentenced in America depends largely on crime rates, theories on how to deter crime, and the degree to which the public feels threatened by crime. Historically, various approaches to sentencing have been taken. This paper traces approaches used since World War II and shows how mandatory drug sentences, three-strike laws, and truth-in-sentencing have filled the prisons but more often with individuals convicted of nonviolent drug offenses than violent criminals.
Abstract This research is an investigation into the way DNA technology has affected America's criminal justice system by detailing its uses, as well as the challenges that still lay ahead. Utilizing secondary resources, including the testimonies of several experts in the field such as the director of the Virginia Division of Forensic Science, the executive director of the National Commission on the Future of DNA Evidence and the assistant director for the Laboratory Division of the Federal Bureau of Investigation, as well as published resources from other experts, the author of the paper attempts to answer the question of how DNA has impacted America's criminal justice system.
Preface Statement
Statement of the Problem
Background
Overview of DNA
DNA as an Investigative Tool
Inception of the National DNA Index
Literature Review
Research Methodology
Anticipated Results and Conclusions
From the Paper "DNA is organized as two complementary strands that are linked together with bonds that can be separated. Each strand of DNA is a chemically linked chain of nucleotides, which are made up of a sugar, a phosphate and one of four kinds of nucleobases, often simply referred to as bases. These bases are: adenine, thymine, guanine, and cytosine, abbreviated as A, T, C, and G. Furthermore, these bases only pair up properly with one other base, A with T, C with G, and vice versa, on their complementary strand ("DNA")."
