...Origins of American Criminal Law Assignment 1 LEG 320: Criminal Law Professor Gloria Sodaro Strayer University April 23, 2012 Origins of American Criminal Law: This report will cover four different parts that are crucial to how American criminal laws came about. The first part will consist of one Amendment of my choosing that is related to the protection of people, their property, or criminal law itself. The second part is on the specific powers that the federal government has been granted with to make criminal laws versus those our state governments have been grant with. The third part will define, compare and contrast the four main goals of our criminal justice system. Then the last part will explain what is meant by police power and the limitations to that power. In order to understand and interpret any one of the Amendments to our Constitution, we need to know what the word amendment means. The definition of the word amendment is a correction or alteration of a manuscript, document, or record usually to improve it according to The American Heritage® Dictionary (The American Heritage® Dictionary, 2012). The Amendment this report will talk about is the Fourth Amendment. This Amendment is the search and seizure amendment. The Fourth Amendment to me means that the government cannot conduct unlawful searches and seizures of any one person and their property (Territo, Halsted, & Bromley, 2004). I think that the purpose of this Amendment is important because it protects...
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...Racial Profiling in the U.S. Criminal Justice System Racial profiling is among the key problems that are cited in the U.S. criminal justice system. The American Civil Liberties Union(2016) defines racial profiling as a discriminatory practice by law enforcement officers of using individual’s race, ethnicity, religion among other traits as grounds for suspicion Racial profiling has particularly affected the black Americans and other minority groups. Research shows that these minority groups and especially the black Americans are overrepresented in the U.S. Criminal system despite the fact that they constitute just a small percentage of the total U.S. population. History of Racial Profiling in the United States Racial profiling is an old problem dating back to a number of centuries ago. The history of racial profiling is ingrained in a number of historical events that cast African Americans in an inferior light. In 1704, South Carolina created the first slave patrol in which white men oversaw black slaves on plantations as well as hunting down fugitive slaves. Black Americans, most of which were slaves had to produce passes as proof of having permission not to be in plantations, or if they had been emancipated, they were required to carry with them freedom papers to show that they were free. Black people were exposed to interrogations, harassments, physical torture and even death if they were found to have run away...
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...Racial Profiling in the U.S. Criminal Justice System Racial profiling is among the key problems that are cited in the U.S. criminal justice system. The American Civil Liberties Union(2016) defines racial profiling as a discriminatory practice by law enforcement officers of using individual’s race, ethnicity, religion among other traits as grounds for suspicion Racial profiling has particularly affected the black Americans and other minority groups. Research shows that these minority groups and especially the black Americans are overrepresented in the U.S. Criminal system despite the fact that they constitute just a small percentage of the total U.S. population. History of Racial Profiling in the United States Racial profiling is an old problem dating back to a number of centuries ago. The history of racial profiling is ingrained in a number of historical events that cast African Americans in an inferior light. In 1704, South Carolina created the first slave patrol in which white men oversaw black slaves on plantations as well as hunting down fugitive slaves. Black Americans, most of which were slaves had to produce passes as proof of having permission not to be in plantations, or if they had been emancipated, they were required to carry with them freedom papers to show that they were free. Black people were exposed to interrogations, harassments, physical torture and even death if they were found to have run away...
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...Origins of American Criminal Law Legal 320 Abstract The origins of American criminal law date back to England’s Magna Carta of the thirteenth century and basic rules of conduct regarding murder, robbery, and theft can be found in civilizations dating back thousands of years. The United States being a democracy, affords its citizens many freedoms and laws which non democratic countries don’t. This paper will discuss some of the issues which address the origins of criminal law in America. These issues will include the importance of the Fourth Amendment to the United States Constitution and its relevance to today’s criminal law, the specific powers granted to the federal government versus those that are granted to state governments to make criminal laws, an explanation of the four main goals or purposes of the criminal justice system, and a clarification of police power and the limitations on such power. (Gardner & Anderson, 2011) 1. The Fourth Amendment The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable...
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...Racial Profiling in the U.S. Criminal Justice System Student’s Name Institution Racial Profiling in the U.S. Criminal Justice System Racial profiling is among the key problems that are cited in the U.S. criminal justice system. The American Civil Liberties Union(2016) defines racial profiling as a discriminatory practice by law enforcement officers of using individual’s race, ethnicity, religion among other traits as grounds for suspicion Racial profiling has particularly affected the black Americans and other minority groups. Research shows that these minority groups and especially the black Americans are overrepresented in the U.S. Criminal system despite the fact that they constitute just a small percentage of the total U.S. population. History of Racial Profiling in the United States Racial profiling is an old problem dating back to a number of centuries ago. The history of racial profiling is ingrained in a number of historical events that cast African Americans in an inferior light. In 1704, South Carolina created the first slave patrol in which white men oversaw black slaves on plantations as well as hunting down fugitive slaves. Black Americans, most of which were slaves had to produce passes as proof of having permission not to be in plantations, or if they had been emancipated, they were required to carry with them freedom papers to show that they were free. Black people were exposed to interrogations...
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... The consensus and conflict models within the criminal justice system have very different but clear-cut origins. While the consensus model has roots that go as far back as in the time of Socrates, it is John Locke’s, 1632-1701, “Social Contract Theory” that the consensus model is based upon. When a legitimate government is established with the express consent of its people, the consensus model assumes that the components of the criminal justice system will work together cooperatively to achieve the same goal. This model hypothesizes that there is a central value consensus in society, which is reflected in the laws enacted and enforced. It is believed that the consensus model is the best organizational system for promoting justice. As an example, local, state, and federal law enforcement agencies would share intelligence and other resources to help combat drug trafficking. The conflict model has its origins rooted from the Marxist ideology that centers around class divisions. It is believed that society is split along economic lines and that the wealthy enact and use criminal laws to punish and oppress the working class and poor. In the criminal justice system, the conflict model presumes that each component will function primarily to serve their own interests. It is also used to describe the conflict between law enforcement and due process. For example, law enforcement agencies want to apprehend criminals and put them in prison. The district attorney’s office...
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...Origins of American Criminal Law Desmond Barnes Professor Poydasheff Bus 100 01/20/13 Strayer University Origins of American Criminal Law The 2nd Amendment is the right to bear arms. One of the most amendment since it was adopted in December of 1791. This amendment always people to keep and bear arms. The importance of this amendment is being felt even in modern day times with the recent shooting in Newtown, Connecticut. The debate on stricter gun laws was started when twenty-two children and six adults were shot and killed at Sandy Hook Elementary School, including the shooter’s mother. The argument of who should be able to have access to a gun and the type of gun erupted the nation. The Federal government has the power to enforce this amendment but the state has the right to make their own laws dealing with guns and who can have them. The state may put in place certain laws about gun regulations. The federal also has to the power to rule such unconstitutional. This way there is always a constant check and balance between the state and federal government. The four goals of the criminal justice system are to stop people from committing crimes, protect society from people who can cause harm, to punish people who have committed crimes and to reform those people. These four goal keep our society in balance. Our police system enforces the law and tries to prevent people from committing crimes. If the crimes are committed still such people are put into jail to stop harm...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...Press Release of a diverse culture. The criminal justice system in today’s world is affected by language barriers in communication in their ability to enforce the law properly, by the increasing amounts of people migrating into the United States legal and illegally. The United States government and law enforcement are constantly doing studies and mapping trends of people crossing our borders to migrate to the United States to be able to make a better life for themselves and their families, by the alarming rates of people applying for green cards and citizenships. A Green Card or permanent resident card serves as proof of a person's lawful permanent resident status in the United States. That allows the person with the Green Card to have right to live and work permanently in the United States or even become a American citizen. A person’s valid green card also means that he or she by law is registered in the U.S. in accordance with all United States immigration laws. People who obtain a green card before 1989, the green card use to remain valid permanently. Since 1989 the immigration laws have changed that everyone must renew their green cards every 10 years. The law is also enforced in the same way for people who received their green cards in 1989 or before 1989. The previous versions of green cards are no longer valid everyone is required to renew their green cards every 10 years. (Rachel F., 2011) This is a primary example...
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...1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today Top of Form | | Bottom of Form 2. Examine three to five (3-5) factors that have allowed the concept of federalism to shape American political behavior 3. Discuss at least two (2) factors that illustrate how the relationship between the states and the U.S. federal government influences the creation of American policies overall 1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today. Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson, Diiulio andBose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States...
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... Inaccurate financial data can have many negative macroeconomic consequences, including inexplicable changes in money demand, risks to bank soundness, contamination effects on legal financial transactions, and increased unpredictability of international capital flows and exchange rates due to unanticipated cross-border asset transfers (fatf-gafi.org). 3. Is there a "typical" social background of the offender(s)? Are there any current trends . . . data issues? The typical money launderer is usually wealthy since the person or organization has a large, steady amount of excess money that needs to be “washed” of its illicit origin. However, the “social” characteristics, including the race, college education, vocation, and social position of the person or organization is more diverse. Typical money launderers are criminal organizations, such as the American Mafia or Chinese Triads, which are engaged in black market activities such as controlled substances, gambling, and...
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...two or more individuals, also against a person or property to intimidate or coerce a government. Under current Law in the United States the act of terrorism are those which involve human lives that are a violation of the criminal law of the United States or of any State, this was set forth by the USA Patriot Act. Terrorism has abruptly has moved to the center of the public and has become a household subject matter and also many levels of politics, law and criminal justice. The September 11, attack change the way law enforcement respond to the threat and reality of terrorism. The World Trade Center attack had a ripple affect that could be felt across the world and this led to major reorganization of counter- terrorism policing. The United States the most striking change in policing has been a sudden expansion of police powers, justified by the tragedy and devastation of the attack. This expansion brought about a new refocusing of resource and the restructure of the federal, state, and local police agencies. There was more focus put on terrorism, for instant the FBI assigned 4,000 of it 27,000 agents to counter-terrorist activities (www.fed-soc.org). Also, the Immigration and Naturalization service (INS) was then reorganized to expand enforcement duties. It has been said that 9/11 changed everything; this is true for local police and their chief. Since this attack American has to change forever,...
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...ORGANIZED CRIME INVESTIGATION "Yes, Mr. Hoover, there is a Mafia" (Rudy Giuliani) Organized crime is in a class by itself. It's big, it's powerful, it's well-connected, and highly profitable. Mafia is the most common term used to describe the more profitable criminal organizations around the world, but other terminology exists, such as: international criminal organizations (military usage); transnational crime (United Nations usage); and enterprise crime (FBI usage). As the term is utilized in criminology, it refers to any (or all) of six (6) different types of crime: (1) crime as business, which includes white collar crime as well as various forms of corruption; (2) offenses involving works of art, counterfeiting, or other cultural artifacts; (3) crime associated with the distribution and sale of narcotics as well as other contraband substances; (4) crime associated with human migration or sex trafficking including various forms of prostitution; and (5) crime involving contract murder or for-hire use of force, mostly deadly force; and (6) various forms of computer crime involving identity theft and/or other large-scale financial frauds. No one-sentence conceptual definition exists, and a very useful webpage can be found on the Internet devoted to the Many Definitions of Organized Crime. There are known characteristics of organized crime, such as corruption, violence, sophistication, continuity, structure, discipline, ideology (or lack thereof), multiple enterprises...
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