...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...The process of criminal procedure involves regulations, which aid the order of procedures the government authorities use to apply criminal laws. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendment, and the Supremes Court understanding of the constitution are important for the study of criminal procedures (Zalman, 2008). The Federal Rules in criminal procedures ensure citizens’ rights to due process, right to a fair trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law enforcement...
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...Criminal Procedure Policy Sesanee Lewis CJA/364 January 20, 2014 Walsh, Timothy Criminal Procedure Policy Due process and crime control model shapes the procedures of polices regarding criminals and law enforcement. Due process gives citizens the right to be treated as innocent until proven guilty which is the opposite to the crime control model; you are guilty until proven innocent. Two different approaches, one is a process in which citizens is ensured law enforcement conduct themselves within legal procedures during arrest and the collection of evidence; the other process relying on the integrity of law enforcement by not questioning probable cause nor the collection of evidence to show the guilt of an offender. Due Process gives citizens of America the right to not be deprived of life, liberty, or property without law enforcement going obtaining a warrant by a judge. The rights of citizens by way of due process guarantee a fair process within the criminal justice system. The due process model system of values revolves around the concept of primarily of the individual rights and the complementary concept of limitation of official power of the government. Power is always subject to abuse (Griffiths, 1970). Due process limits this power by give law enforcement rules and regulations as to what they can and cannot do to arrest a citizen and obtain evidence for an arrest. The criminal procedure of due process begins at law enforcement legally arresting...
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...CJT 200 Lecture 12 The Criminal Justice System and process law on Criminal Procedure and Practice from Complaint, investigation, arrest, bail, trial and conviction. When a report or complaint is made, that signals the beginning of the criminal investigative process. The report is an account of an individual, victim, witness or accused person as to what transpired with regards to a specific incident or series of incidents. The officer taking the report will ask pertinent questions and record the report in a diary commonly called a station diary. This report will contain the name, address, occupation, contact number of the person making the report and the date, time, place, persons present at the time and other key ingredients to crystalise the offence warranting investigation. In the case of report of larceny of $5000 for example, the report should contain the amount of money taken, when the money was taken, where the money was taken, the circumstances under which the money was taken and any description of the alleged offender. After the report is properly logged then the next stage would involve the gathering of information. This is where the investigating officer starts to interview persons, collect evidence and record statements from affected parties or witnesses to prove or disprove the facts of the report. During this phase the judges rules, in particular rule 1, is activated clearing the way for a police officer or any person in authority to question anyone from whom...
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...CHAPTER TWO : WORK PROCESS AND PROCEDURES (DEATH INQUIRY) 2.1 INTRODUCTION Malaysia are developing country which achieve many great achievement. However, it does not exceptional from getting criminal cases which being committed by irresponsible individual. It has become a social responsibility of a government to ensure that the citizen are able to do their daily activity without feel fear in becoming a victim of criminal cases that occur daily. To make sure the safety of the citizens, a criminal justice system which is effective and efficient must be establish to ensure the offenders are arrested, prosecute and punished accordingly. Criminal Procedure Code or Act 593 is a provision of law which has become a general guideline which...
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...There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several positive traits. Similarities The due process and crime control models include an organized topic of standards key to the constitutional order on how criminal law is applied (Packer, 1968). “The machinery of criminal justice—police, prosecution, courts, and corrections—is the formal means by which order is maintained in our society” (Zalman, 2009, p. 4). The mechanics of the criminal justice system utilizes components from each model that are dependent on one’s own likings in regards to the criminal law procedure (Packer, 1968). Although these two models differ in principle, the commonality between them is the same. For example, both models consider the sanction of criminal behavior and recognizing a criminal are dissimilar procedures, when and if probable cause is found the criminal process may be put into effect and the judiciary system has an restricted authority of inquiry and arrest. They also form the basis for the function of the adversarial system, due process, and the defendant’s right to their day in courts (Zalman, 2009). ...
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...The criminal law procedure is an integral but distinct part of criminal law in Canada. It is distinct from the substance of criminal law in that it does not define the type of conduct that constitutes a criminal offence or establishes punishment, but rather determines by whom and in what circumstances prosecutions against accused offenders may be initiated, conducted, terminated and appealed. Criminal law procedure is a set of rules according to which the substantive law is administered. The principal objective of criminal law procedure is to ensure a fair and just process in the determination of guilt or innocence, this determination is made reflecting the proper balance between the value of protection of society and the value of individual...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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...Criminal Identification procedures in the 21 Century CJA 364 Everything in life evolves and takes another form. Crime is no exception it does the same thing as well. Crime is changing in the modern world we live in today and criminals are more sophisticated and intelligent then before. The computer world has brought many technological advancements and even the criminal justice system has benefit from it. One of the most useful gifts that was given to the system was fingerprint and palm print. This advancement brought with it advantages and disadvantages. The effects of these advances on the constitution can be surprising. The advances also effect the efficiency of the criminal justice system from the perspective of crime control. These crucial findings can lead to recommendations concerning the use and reliance on these advances. The act makes it a federal offense to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law or that constitutes a felony under any applicable state or local law. (Schmalleger, 2010, ch. 9). Advantages and Disadvantages “Fingerprint-based criminal checks can be a valuable...
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...Criminal Identification Procedures in the 21st Century Within the criminal justice system many technological advances exist to assist law enforcement officials in identifying a criminal suspect. The technological advances that continue to assist the criminal justice system in these identifications are Deoxyribonucleic Acid (DNA) analysis, biometric identification, Intra-agency databases for DNA, fingerprinting and palm printing, and camera and wiretap surveillance. Each aspect serves a specific purpose in making certain that the right person is properly identified for the crimes that they commit. Each technological aspect makes certain that the criminal justice system can prove without a doubt that the person under arrest is the person responsible for committing the crime. Criminal Identification Procedures Deoxyribonucleic Acid (DNA) analysis is an examination method that allows any organism to be identified, by its genetic sequences. DNA analysis is highly accurate, important, and used all across the world for important reasons. The main purpose for DNA analysis is identifying individuals who are suspects in criminal cases, identifying victims or their remains when other means of identity is not possible. The advantages of DNA analysis are reliable, accurate results, and helps solving old and new cases. The disadvantage of DNA analysis is it reveals information on physical state, this information is sensitive and must be guarded. Biometric Identification is a system based...
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...Criminal procedure policy paper CJA/364 DEC/19/2012 Susan Strick Criminal procedure policy paper Criminal procedure is broken down into two models and was designed by a professor who studied law at Stand Ford University his name was Herbert Packer. The first model is due process, this process believes in the rights of the individual this will be known as politically liberal. The second model is crime control this supports to regulate the conduct and behavior of individuals. This is considered politically conservative. These models are intended to embody the sets of different values that run the criminal justice system. In this paper both of the criminal procedure will be discussed and compared to show the similarities and differences. This will also be a way of figuring how the effects of policies in the criminal procedure this will be done by looking at the amendments made in the constitution of the United States looking at the fourth, fifth and sixth amendment and also the fourteenth. The fourteenth amendment including the bill of rights will be a critical aspect of achieving the goal of this paper. The procedure that is most used in the criminal proceedings is the due process model. As an individual a person will try to preserve the standard of holding their right to life, property, and liberty. As an individual a person will not let go of the rights without undergoing the right due process promised to them that is stated in the bill of rights. An officer even when...
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...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
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...Criminal Procedure-Probable Cause Article Summary Richard Smith CJA 364 February 24, 2013 Matthew Taylor In the summary of a Bethlehem Twp man being arrested for drug paraphernalia, police also found a 9mm Russian-made pistol which lead to a charge of possession of a hand gun. Township law enforcement officers had probable cause when they received numerous complaints of vehicles regularly driving up and only staying a short length of time at the residence (Warner, 2013). After conducting a lengthy investigation, police obtained a search warrant for the home. While conducting the search warrant, law enforcement officials found unpackaged marijuana hidden inside a toilet, inside the suspect’s pocket, marijuana in plastic bags elsewhere and were able to seize a scale commonly used to weigh the marijuana. That is when they also found the 9mm hand gun in the home. Law enforcement had probable cause because of the complaints and followed correct procedures to obtain the warrant. The suspect was charged with intent to deliver, possession of marijuana and possession of drug paraphernalia. The probable cause that the officers had was from the calls that they received from various neighbors. The officers then followed correct procedures to obtain the warrant/arrest warrant. Judges may issue the warrant based on probable cause from the officers. The warrant/arrest warrant needs to be considered as well that the warrant itself does not include the conviction of the suspect....
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...Rights under the Fourth, Fifth, and Sixth Amendments vary. Their impact does take on a whole new light when you scope out the criminal proceeding type of jurisdictional stance if it’s looked at from a different scope and a different perspective when carrying on in the action of law. The Fourth Amendment for police officers has an impact on the everyday working person as they are commuting on highways and are subject to traffic stops for violation of codes. Police officers are given the legal authority to pull over individuals that have been suspected of committing a traffic violation. If upon the officer pulling someone over, he can legally search the car only with probable cause. For example most people understand that we intrinsically have a right to freedoms and for you to have the ability to reveal what part of your life to the public you want is up to you as a person. The Fourth Amendment protects you against “unreasonable search” and seizures by state or federal law enforcement. Authorities cannot, by law, search your vehicle or your person without probable cause. If the officer illegally seizes evidence in that search they cannot use it against a person in a trial. This is also known as the “fruit of the poisonous tree doctrine” wherein evidence that was seized from an officer from a direct result of an improper search cannot by law be admissible at trial. The Fourth Amendment remands fuzzy as to what the definition of probable cause is but an officer would usually...
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...A team of students will study a case against Stu Dents and the murder of Uma Opee. Stu Dent was accused of murdering Uma Opee, whom he had a relationship with. His DNA was found at the scene of the crime under the victims figure nails. The victim’s body was found tire with rope, stabbed 13 times, and multiple bruises. On October 19th, Uma Opee’s body was found in a vacant building approximately five miles from her home. The day prior she had worked her shift at a local music store and after work walked to her home. The defendant in this case also reseated arrest and assault a police officer. In the case of State of North Carolina v. Stu Dents, the jury found the defendant Stu Dents guilty of the following crime: homicide, assault of a police officer, kidnapping, and crimes related to drugs. A proposal was developed to analyze how the charges against Stu Dent would be implemented along with sentencing and opposing arguments. A recap of charges, verdict, violations, and possible sentencing outcomes in the case will be analyzed according to North Carolina law. The defense and prosecution will provide opposing arguments in accordance with North Carolina to request concurrent sentencing. It will be vital for this team of students analyzing this case to provide closing arguments to support their recommendations and the laws under North Carolina to determine whether or not Stu Dents has enough to escape the charges against him. Charges and Verdict North Carolina Violations...
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