...Name Kaplan University LS-100 Date Understanding Mens Rea, Actus Reus, and the basic elements of a crime The mental state, also called mens rea, refers to the guilty state of mind of the defendant. The thoughts and intentions of the defendant when the crime was committed effect the outcome of the case. The motive of the crime can determine if the prosecution seeks to try the defendant in criminal or civil court. Mens Rea has four states of mind: purposeful, knowing, reckless, and negligent. A purposeful act occurs when the defendant intends to commit a crime with an intended result. The defendant is fully aware of the possible outcome of his act and intends to achieve a specific result. For example: Jerry set fire to his ex-wife’s home with the intention of killing her. In his testimony to the police, Jerry admitted that he was completely aware of the result and acted with purpose. The state prosecuted Jerry in criminal court, where the judge convicted him of first-degree murder. A knowing act differs from a purposeful act in that the defendant intended to cause harm, knowing what the result would be, but did not act toward a specific individual. For example: Denise set off a bomb in a crowded, public place, without having a specific victim in mind. She knew the result of her crime could end with the death of at least one person, but she had no specific victim in mind when planting the bomb. A reckless act occurs when the defendant is careless...
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...technology (IT) to optimize police departments’ performance to reduce crime versus random patrols of the streets. It will describe how COMSTAT as an information system (IS) implements the four (4) basic (IS) functions; and will discuss the fashion is which IT systems have made police departments more efficient in preventing and responding to crime. I will also explore the Strengths, Weaknesses, Opportunity , and Threats (SWOT) analysis. This is essential for police departments that intend to use the implementation of the new predictive policing. Introduction: For years, business have used data analysis to anticipate market conditions or industry trends and drive sales strategies. Police are using a similar data analysis tool to make their work more efficient. The idea is being called predictive policing. Predictive policing, in essence, is taking data from disparate sources, analyzing them and then using the results to anticipate, prevent and respond more effectively to future crime. COMPSTAT (COMPuter STATistics), an information system, uses Geographic Information Systems (GIS) to map the locations of where crimes occur, identify “hotspot”, and map problem areas. For predictive policing COMPSTAT has amassed a wealth of historical crime data. Mathematician have design, develop algorithm that run against the historical data to predict future crimes for police. 1) In order to effectively compare...
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...Introduction Criminal justice changes in rules, procedures, and terms from state to state. However, the punishment exercised on criminals cannot vary from the standards established by the United States. A crime is classified as an act that violates the federal laws of America. Consequently, all the violations are subject to different severities of punishment. Crimes in particular can be as minimal as a traffic violation and become as severe as homicide. The severity of the crime will determine the severity of the punishment. The criminal justice system is designed in order to standardize a level of punishment to appropriately fit the crime committed. The criminal justice system is largely affected by constitutional law and has evolved significantly over time. Currently, the criminal justice system maintains itself to helping the process of reprimanding criminals. There are three elements of the system and there all valuable in the criminal justice system. The primary element is the police force. Police officers have the responsibilities to capture criminals, investigate, and testify in court based on what actions were witnessed. In some situations, police officers have the obligation to jail criminals directly from street while they await their trial dates. The second element is the court system. The court system is generally composed of a prosecutor, judge, and suspect who is referred to as the defendant in court. The prosecutor is identified as the officer assigned by the...
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...technology (IT) to optimize police departments’ performance to reduce crime versus random patrols of the streets. We have to look into the technologies available to them today. Predictive policing has become the one of leading standard for police departments today. Predictive policing primary role is to simply pre-empt crime, it is rooted heavily in business analytics and relies advanced technical tools and data analysis. In 2009, Charlie Beck, Chief of Detectives for the Los Angeles defined predictive policing in the following terms: “With new technology, new business processes, and new algorithms, predictive policing is based on directed, information-based patrol; rapid response supported by fact-based prepositioning of assets; and proactive, intelligence-based tactics, strategy, and policy. The predictive-policing era promises measurable results, including crime reduction; more efficient police agencies; and modern, innovative policing.” Dr. John Morgan introduced the five elements of predictive policing that focuses on integrated operations, seeing the big picture, cutting-edge analysis and technology, linkage to performance, and the adaptability to changing conditions. Technology is used in many different ways to implement the basics of the five elements. It is used for simple tasks as crowd control to the complex task of traffic control. Technology is used predict the time and location of a possible future crime, to develop patrol staffing and resource allocation. It is used...
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...the application of information technology (IT) to optimize police departments’ performance to reduce crime versus random patrols of the streets, we first have to look at exactly what information technology is available to police today. The term predictive policing is the name given to “any policing strategy or tactic that develops and uses information and advanced analysis to inform forward-thinking crime prevention”. (Predictive Policing Symposium, 2010) The five elements of predictive policing focusing on are integrated information and operations, seeing the big picture, cutting-edge analysis and technology, linkage to performance, adaptability to changing conditions. There are a very large number of ways technology used to implement these five elements: patrol staffing and resource allocation, time and location of future incidence in a crime pattern, identify individuals who are likely to reoffend/early detection of career criminals, analysis of predatory patterns, threat and vulnerability assessment, city/neighborhood planning, traffic management, crowd control …and the list goes on. In a world where technology is developing and evolving faster than it can be implemented, it is realistic to assume that the police force would adapt and use that technology to place them in a good position to be able to adequately and effectively do its job. The first element, integrated information and operation, removes silos allowing for simpler and timelier access to information...
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...important theories in our criminal justice system today. In this essay we will look at the key elements, the history, the future and the modern application of Retribution in our society. Discussion of Retribution in Corrections Introduction The first theory that will be discussed is Retribution. Retribution is a form of punishment that is sometimes mistaken as revenge but is actually a legitimate punishment philosophy because it has three key elements that are; formal penal sanction, equity, and just deserts (Alarid, Pg.24). Retribution is the punishment given to an offender for a crime that is morally right and is fully deserved. The reason retribution really defers from revenge is the three elements above. The formal penal sanction of it is when a law has been broken and action is taken for the good of the public. The next element is equity; this is to make sure that people that commit the same crime get similar punishment and are treated the same. The final element of retribution is just deserts; this is to make sure that the punishment is proportional to the seriousness of the offense and the culpability of the offender. This is what retribution is and now we can look at the history of it. The history of Retribution can reach back a long way in our history. If you look at these words from the Old Testament it says, “An eye for an eye” and “a tooth for a tooth”. This is the basic philosophy of retribution that is in our society today (Clear, Pg.66). This quote from the...
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...the application of information technology (IT) to optimize police departments’ performance to reduce crime versus random patrols of the streets, we first have to look at exactly what information technology is available to police today. The term predictive policing is the name given to “any policing strategy or tactic that develops and uses information and advanced analysis to inform forward-thinking crime prevention”. (Predictive Policing Symposium, 2010) The five elements of predictive policing focusing on are integrated information and operations, seeing the big picture, cutting-edge analysis and technology, linkage to performance, adaptability to changing conditions. There are a very large number of ways technology used to implement these five elements: patrol staffing and resource allocation, time and location of future incidence in a crime pattern, identify individuals who are likely to reoffend/early detection of career criminals, analysis of predatory patterns, threat and vulnerability assessment, city/neighborhood planning, traffic management, crowd control …and the list goes on. In a world where technology is developing and evolving faster than it can be implemented, it is realistic to assume that the police force would adapt and use that technology to place them in a good position to be able to adequately and effectively do its job. The first element, integrated information and operation, removes silos allowing for simpler and timelier access to information...
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...July 10, 2014 Predictive Policing Predictive policing, in essence, is taking data from disparate sources, analyzing them and then using the results to anticipate, prevent and respond more effectively to future crime (Pearsall, n.d). In an attempt to effectively compare and contrast the application of information technology (IT) to optimize police departments’ performance to reduce crime versus random patrols of the streets, first you need to examine what information technology is available to police today. The term predictive policing is the name given to “any policing strategy or tactic that develops and uses information and advanced analysis to inform forward-thinking crime prevention” (Predictive Policing Symposium, 2010). Information technology is “the collection of computing systems used by the organization” (Turban & Volonino, 2011). Information technology (IT) is used to optimize the performance of police departments’ and reduce crime where prior to information technology, it was necessary for police officers to physically, patrol the streets in random locations in order to reduce crime. Police use information technology tools at almost every stage, including allocation of sources, patrolling, crime prevention, crime tracking, hot pursuits, and crime solving. New technologies have changed drastically in our ways of thinking, our perceptions, our attitudes, and even our community. The importance of IT has increased a lot in many organizations, not only police because...
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...exacting. The police are asked to control crime, maintain order, and provide an intricate array of services, from responding to emergency 911 calls to regulating the flow of traffic. On occasion, they must perform remarkable feats of criminal investigation, quell rowdy crowds and violent offenders, and put their lives on the line. Much of the time, police resources are limited. It is estimated that the workload crime imposes on the police has increased fivefold since 1960. Their resources have not kept pace with their workload. To do their job, police frequently have looked to technology for enhancing their effectiveness. The police, with crime laboratories and radio networks, made early use of technology, but most police departments could have been equipped 30 or 40 years ago as well as they are today. The Crime Commission in response to rapidly rising crime rates and urban disorders. The Commission advocated federal government funding for state and local criminal agencies to support their efforts. It called for what soon became the 911 system for fielding emergency calls and recommended that agencies acquire computers to automate their functions. But even with the start-up help of hundreds of millions of dollars in early federal assistance, computerization came slowly. Only in recent years have many agencies found the use of information technology significantly helpful. Examples include fingerprinting databases, computerized crime mapping, and records management systems doing...
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... CJA/314 Instructor: Eric McBride March 14, 2013 By: Robert Alcocer Domestic Violence is a severe crime that is now not tolerated in California or other states in the United States. Domestic Violence in California is classified as a Misdemeanor crime if the victim has no visible injuries, and a felony if the victim does have visible injuries. Domestic Violence victims suffer significantly, but the people that suffer the most are children who witness or hear the incident. Children grow up thinking that it is fine to hit their spouse, yell, or scream obscenities to their spouse because they grew up watching their parents constantly fighting and yelling at each other. The topic of children exposure to Domestic Violence is definitely a personal crime. The reason why this video is a personal crime is because whether the husband or wife initiate the crime of Domestic Violence, it is always personal towards that person. Their is no property crime because they are not fighting over a belonging, or husband did not take anything away from the wife, the crime is just personal whether it is from dinner not served and ready, or simply unable to get along. Some of the causal factors that were addressed in the video of children exposure to Domestic Violence were minimal. The only causal factor that...
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...Bill to implement Article 23 be reintroduced, what form should it take? Chan Ka Hon 10085761 Chui Ho Ling 10272285 Law Ka Ming 10194641 Pang Shu Mei 10176417 Wong Chun Kit 10012441 Background When considering whether the Article 23 should be reintroduced, we should comprehensively look into its historical background and the consequence of its implementation. The Basic Law established certain “connecting doors” between the HK and Mainland legal systems that permit the Central People’s Government (CPG) to regain control should HK ever stray too far from established policies such as the Art.17, Art.18 and Art.158. Of all the opportunities for the CPG to influence HK, Art.23 is the one caused the greatest public concerns. The discussion of Art.23 started since the drafting of the Basic Law in 1985 to implement China’s basic policies towards HK. One of the five subgroups under the Basic Law Drafting Committee was responsible for drafting to govern the relationship between the CPG and HK which included Art.23. The Consultative Committee composed of the HK members recommended in 1987 that the Basic Law should require the HK Government to enact laws to protect China’s unity and territorial integrity. The relevant article drafted in PRC legal language: “The Hong Kong Special Administrative Region shall prohibit by law any act designed to undermine national unity or subvert the Central People’s Government” To allay concerns that the article might be too broad and ambiguous...
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...The elements of an unlawful homicide is called the corpus delicti which is the basic facts collected establishing that a crime has been committed and someone is responsible for that crime. In order for the judge to hand the case over or for the prosecutor to obtain an indictment each element the investigator must provide evidence for each element of the corpus delicti. There are two elements for unlawful homicide which are; ruling out suicide, natural causes, and accident, by establishing it was a homicide and there is a person responsible for the homicide. This must be obtained and in the knowledge of the investigator, evidence technician, and criminalists. Robbery is the taking of property from a person by using force or the fear of force. When investigating robbery the ethical consideration that needs to be addressed is the investigator having knowledge of theft and related offenses and must be accustomed with the descriptions of how the jurisdiction in which the investigator handles things . Some general information that the investigator must have knowledge of is The Model Penal Code. The definition for The Model Penal Code is a person is guilty of robbery if they inflict serious bodily harm on another person, threatens or intentionally puts victim in fear of serious bodily injury, or commits or threatens to commit any felony of the first or second degree. Burglary is defined as “trespassing breaking and entering of the dwelling of another at night with...
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...Criminal Law Midterm Part B Crime has been part of the human condition since people began to live in groups. Ancient documents indicate that activities such as murder, theft, and robbery were defined as criminal by civilizations that existed before biblical times. The bible recounts stories of crimes such as Cain killing Abel, and the parable of the Good Samaritan, who came to the assistance of a man who had been assaulted and robbed.[i] Criminal laws regulate human behavior and tell people what they cannot do and in some instances, what they must do under certain circumstances. Throughout history, all societies have had criminal codes regulating conduct .Democracies have always sought to transform their basic principles and ideals into achievable goals through a system of laws that balance the rights of individuals with the compelling needs of society as a whole. These goals include public order, domestic tranquility, and protection of the basic rights of individuals.[ii] Because governments in democracies are the servants and not the masters of the people, laws should be the product of the will of the people. Criminal justice systems in democracies operate most successfully when the majority of people believe that the laws are reasonable and that the system can operate efficiently and effectively. The issue of what laws should be enacted often causes serious public debate. Laws are enacted by elected representatives of the people they are enforced...
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...reasonable doubt that Simpson was guilty of premeditated murder. However, having a “Dream Team” defense, as it was called proved to be far more beneficial to Simpson that anyone I this nation would have ever thought. The defense lawyers used mechanisms such as racial profiling and police corruption to mangle the prosecution’s case and discredit every piece of information that was once presumed viable. The trial deliberations grabbed the attention of almost every American and for the duration people stayed glued to the television awaiting the verdict. What was the crime the defendant was alleged to have committed? What are the elements of that crime? Orenthal James (O. J.) Simpson, the defendant, was allegedly convicted on two counts of murder charges of his ex-wife Nicole Brown Simpson and her friend Ronald Lyle Goldman. There were several elements regarding these crimes. “By definition, a crime has two basic elements: The guilty mind and the guilty act.” (Crawford, 2012). In the criminal...
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...enriching himself or themselves at the expense and to the damage of the Filipino people and the republic of the Philippines through any or combination or a series of overt or criminal acts, or similar schemes or means. Respectively or a total of more or less (P1,847,578,057.50); and by collecting or receiving, directly or indirectly, by himself and/or in connivance with John Does & Jane Does, commissions or percentages by reason of said purchases of shares of stock in the amount of P189,700,000.00 more or less, from Belle Corporation which became part of the Deposit in the equitable Bank under the account name of ‘Jose Velarde’. Petitioner wishes to impress upon the constitutionality of RA 7080 (An Act Defining and Penalizing the Crime of Plunder), as amended by RA 7659. He therefore makes a stringent call for this Court to subject the Plunder Law to the crucible of constitutionality mainly because, according to him, (a) it suffers from the vice of vagueness; (b) it dispenses with the "reasonable doubt" standard in criminal prosecutions; and, (c) it...
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