However, in law, there are exceptions to every rule. The evidence act provides that it is. Legitimate for the crown to there is legitimate for the Crown to adduce similar fact evidence against the accused and if that accused chooses to testify, then it is also legitimate for the Crown to cross examine that accused about that similar fact evidence.
The types of questions are required leave of court. Conclusion In accordance to the proposed reforms, to be made in criminal law and procedure the propositions presented are in agreement with what has been in existence for years.
In presenting evidence in a court of law, various rules have to be considered, and the law has to be followed to the core. Both parties have to be conversant with the requirements of the law concerning the matter in hand. For instance, evidence provided must be relevant and non-offensive to the defendant. Maintenance of the evidence must also be followed to the core in case a trial case is expected to take longer.
The evidence must not be tampered with, and high security has to be provided to the evidence presented. Expert evidence must conform to the common law requirements to ensure the jury presented with the necessary evident and not being confused by the expert, to alter with their judgment. Secondary authority also plays a significant part in ensuring the criminal law and procedure process of presenting evidence conforms to the rule of law. Therefore, the amendments to be made on criminal law and procedure about the evidence subject should be carried out as the law tries to protect the defendant until proven guilty beyond reasonable doubt.
If special care is not taken, and the amendments approved, it would lead to the erosion of the principle of presumption of innocence and thus harming innocent citizens which is more dangerous that failing to punish particular criminals. It would lead to conviction of innocent accused persons who did not commit the alleged crimes, which counters the measure of criminal justice system, one which whose aim is to secure convictions of the guilty in order to facilitate their rehabilitation process..
These results to a pervasion of justice, one in which in this case would have been allowed by a commission for reforms whose main purpose are to be custodians of justice.
One way to ensure the above scenario is avoided would be to not allow for the proposed reforms to go through. Perhaps the agenda should be to tight the noose of justice to ensure that rules of evidence and the letter of the law is adhered to in order to avoid situations where intentions of a certain law are not fulfilled. Do you need professional help with writing essays on Criminal Law?
Our custom essay writing service will write a custom essay paper for you, on any topic! The evidence act provides that it is Legitimate for the crown to there is legitimate for the Crown to adduce similar fact evidence against the accused and if that accused chooses to testify, then it is also legitimate for the Crown to cross examine that accused about that similar fact evidence.
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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.
Implication of the policy The criminal justice implication of the policy will mainly affect the non-violent arrestees. The decision of keeping them in custody, would affect their ability to avoid recividism future. The social implications…… [Read More]. Criminal Justice System Describe criminal justice system a filtering process. What decides cases stay filtered? What type correctional client process produce? How process impact correctional system an individual institution's ability achieve goals?.
Criminal justice system Criminal justice refers to a close examination of laws regarding criminal behavior and subsequent action that follows once found guilty.
It involves the judiciary workforce, police, lawyers, members of the Supreme Court and advocates. The goal is to be always fair to a suspect of any given crime though this is not always achieved hence the reason for flexibility in implementing the laws, the power of the judiciary to interpret laws and capacity to make changes to unfair laws.
Knowledge about the laws, privileges and rights of suspects and victims is important in aiming for justice in our law enforcement and court systems Siegel, Discussion Criminal justice system has the goal of doing justice,…… [Read More]. Criminal Identification Procedures The dawn of the twenty-first century has become the era of George Orwell's " The world today is filled with cameras that can film an individual wherever he goes, his cell phone signal can pinpoint his location, and even one glance can reveal his true identity Shenk Iris-recognition technology, soon to be common in places such as airports, offices, and banks, will simply scan an individual's eyes to reveal his idenity Shenk Poseidon, a new electronic surveillance system, is a network of cameras that feeds a computer programmed to use a set of complex mathematical algorithms to…… [Read More].
Criminal Justice Management Reading Articles. Furthermore, several of the partnerships that COPS agencies were able to produce within their disparate communities were little more than simple name recognition, and were not able to produce a significantly impactful relationship between those agencies and the surrounding communities.
This lack of a true cooperative partnership also accounts for why the research conducted for the COPS program did not truly have as successful an impact as it probably could have had.
The strengths of CompStat policing is that it fosters a spirit of competition amongst precinct leaders to reduce crime in their precinct. Knowing that their jobs are on the line based on how successful they are with this task, precinct leaders have a great deal of motivation and management of resources to reduce criminal activity within their jurisdiction. The major limitation is that some criminal behavior -- such as the car thefts and the incidents of stalker reports…… [Read More].
Criminal Justice System Discuss the means by which police gain access to a suspect's records of cell phone numbers called and received. How do police deal with text messages and emails? Obviously, criminals are using cell phones, text messages, and emails to plan and commit crimes. How does the Fourth Amendment apply to these types of technologies? In what do suspects have a reasonable expectation of privacy? The way that police are able to gain access to cell phone records is through a warrant.
This gives law enforcement the power to listen, monitor and review the activities of the suspect. Text messages and emails will fall under similar guidelines based on the fact that they are considered to be personal communication. Samaha, The way that the Fourth Amendment is applicable is through limiting unreasonable searches and seizures.
This means that several different guidelines are used to include: Was the…… [Read More]. Criminal Investigations History of Criminal Investigations the. Criminal Investigations History of criminal investigations The first "detective force" dates back to , when a small group of community members called the "Take Thieves" banded together and rushed to crime scenes to investigate Swanson, This group, spearheaded by Henry Fielding, eventually led to the founding of a police force in London Swanson, The next famous "father of criminal investigation" is Robert Peel, who authored the twelve "Peel's Principles," outlining proper ethics for policemen and bureaus, from how to conduct oneself to where to build a police station Swanson, Many of his ideas are still in use today.
Despite Peel's efforts, corruption was rampant in the first metropolitan police departments, and failures to communicate between jurisdictions allowed suspects to escape Swanson, Ultimately, these problems led to detective work being outsourced to private organizations such as Pinkerton's Swanson, Pinkerton's detective agency was famous for protecting President…… [Read More].
Criminal Justice Criminal Profiling or. If human behavior can be loosely predicted, then so too can criminal behavior. Criminal profiling is not one hundred percent accurate or valid. It is an inexact science. Results of profiling are close to chance, which is one reason why the process is criticized and used cautiously. Officers of the law may be misled by an inaccurate or hasty profile, and in some cases might even apprehend innocent persons because they meet the characteristics listed in the profile.
Generalizations, stereotypes, and false conclusions can be drawn during the process of criminal profiling. Biases and assumptions can cloud the profiling process, too. For example, the author's own assumptions about human behavior and demographic traits can cloud judgment during an investigation. Criminal profiling can in some cases derail an investigation by diverting attention away from the actual perpetrator to focus on a false lead.
Therefore, criminal profiling should be used cautiously. Criminal Justice Wrongful Conviction the. Other constitutional protections such as profiling are equally susceptible to manipulation and circumvention in the field by creative articulation on police reports. How common is wrongful conviction in our criminal justice system? Despite all the protections incorporated into legal standards, criminal procedure, and police administration, wrongful convictions are still a possibility.
Most recently, the relatively new techniques made possible by DNA science have overturned several high-profile convictions of prisoners shown conclusively to have been wrongfully convicted of crimes they could not possibly have committed. The constitutional protections that have evolved in the United States minimize the possibility of unjust convictions. Nevertheless, it is virtually impossible to legislate against witnesses who provide erroneous, or even deliberately false testimony.
Wherever guilt or innocence hinges upon the testimony of sworn witnesses, the possibility of erroneous results still exists. Ultimately, many of the most important constitutional rights guaranteed to those suspected of criminal conduct…… [Read More]. Criminal Justice - Crime Prevention. Applying equally strict enforcement to minor or merely "technical" violations of law that hardly affect others might reduce the quality of life in society instead of improving it.
For example, in many jurisdictions motor vehicle codes are classified as penal rather than civil infractions that are arrestable offenses under strict application of the state police power through authorized law enforcement functions. However, it is doubtful that 1 taking enforcement action against every perceptible violation of law or 2 implementing physical arrest wherever authorized is in the interest of the driving public or society. On the other hand, certain types of crimes including some that fall within the purview of vehicular laws require a zero-tolerance approach by virtue of their capacity to harm other individuals and society as a whole.
Furthermore, practical considerations such as the availability of personnel, physical resources, and budget require prioritization wholly apart from the question of…… [Read More]. Criminal Justice - Corrections Criminal. In that regard, sentences imposed for crack cocaine are so much harsher that approximately times as much powdered cocaine is required to approach the sentences imposed in connection with crack cocaine offenses.
This issue is particularly relevant to the disparity inherent in mandatory sentencing and arbitrariness in sentencing, especially since dealers in powdered cocaine are much more likely higher up on the supply chain than distributors of crack cocaine USSC, The issues concerning provisions of the U. PATRIOT Act pertain to establishing sentences for crimes established and defined by the ACT, such as narco- terrorism, smuggling munitions or military equipment without a license for transport, mining U.
The Adam Walsh Child Protection and Safety Act of requires sex offenders to register and imposes criminal penalties for failure to comply. The current federal sentencing issues authorize increasing sentences for…… [Read More]. Everybody has the right of existence, justice and fairness. However, there are occasions when a prisoner cannot be offered the right of confidentiality and privacy. This is exactly what I have done to the inmate in state prison where I am a correctional officer.
My paradigm of law does not believe in sincerity of inmates. Given the history of the prisoner who has deceived twice earlier, I cannot trust him again.
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CRIMINAL LAW TOPICS FOR RESEARCH PAPERS. Criminal and Civil Law in the English Legal System - One of the fundamental contrasts between criminal cases and common cases is that they are held in various courts, this is on account of there is a noteworthy qualification between a common wrong and a criminal off-base.
Writing a criminal law and justice essay can be quite intimidating for students, especially as Criminal Justice is a broad discipline. Students in the transition phase . Law essay topics; Ethics essays; Writing Law Essays. Criminal law essays writing also deal with the studies referring to the means used by government to maintain social control, execute laws, and administer justice. The police, judicial authorities.
The Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. 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 considerableaps.tk if you wish to cite any of these essays in your own work.