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...Criminal Defense Case Analysis Paper Brandy Alston University of Phoenix Criminal Law CJA/343 Professor Joseph Wade March 1, 2012 Criminal Defense Case Analysis Paper Many individuals are aware of the process that lawyer go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime, the accused does not have to present evidence for the innocent. The Fifth Amendment is the United States constitution states a defendant is not compelled to under oath criminate themselves, however in most cases the defendant want the chance to prove their innocent in court by having a defense. Criminal law is define as a code, rules, or statute that prohibits the conducts this is prohibit in region or state, federal government. However, when laws results in violations where the individual charged with the crime and haul off to jail. Although once the individual charged, they have the right to defend themselves in court with legal representation. This paper aims to examine and identify the different kind of criminal defense used in a criminal trial. This paper will discuss the two common defenses used in our justice system legal I did it but and factual I did not do it, the defense I did not do it means presumption of innocent and the defense I did it but means guilty with reason. Factual defense is the legal defense offers two group defense excuse and justification that has six categories for them. In......
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...On September 15th, 2015, I attended the General District Court of Williamsburg and observed an hour of the Court’s proceedings. The only background knowledge I have, of what Court proceedings may look like, all comes from watching hours of Law and Order: SVU. While sitting and observing the Court interactions, I focused on the criminal procedures being discussed during each case and the overall “culture” of the Court in regards to the judge and the two attorneys present for each case. In total I saw seven court cases presented before Judge Killilea. In television shows criminal procedures are long and rigorous. There is a lot that takes place between the arrest of the criminal and the court debates that last for hours or even days to determine...
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...A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case......
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...Ethics in Criminal Justice Administration Analysis CJHS/484 March 23, 2015 In this paper I will discuss and “analyze the relationship between ethics and professional behavior in the administration of the criminal justice system. Also discuss the role of critical thinking with the regards to the relationship to ethics and professional behavior” (The University of Phoenix, 2015). And a proposal a seminar on due process and how there are several steps that fall into the classification of the professional standards and values that have to do with the criminal justice system. The due process model meets the criteria for professional and ethical standards that are within the criminal justice system. The model goes to show that those in the criminal justice system is conducting themselves in a professional and ethical manor that uphold the rights of all those involved from inmates to co-workers within the criminal justice system. Due process model “is a type of justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life liberty or property without appropriate legal procedures and safeguards” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). “The due process generally requires fairness in government proceedings” ("USLegal: Due Process Model Law & Legal Definition", 2001-2015). In example a person that is charged with a crime has the right to counsel, “right to a speedy trial and to be heard......
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...In Making Sense of Criminal Justice Mays and Ruddell discuss in chapter ten the alternatives in criminal justice. One form is rehabilitation, which helps offenders better themselves and try prevent them from committing future acts. They also discuss specialized courts, which are problem solving courts, these courts would try to help better the relationship between the victim and the offender. Proposition 36 in California also known as the Substance Abuse and Crime Prevention was passed, which gave offenders the option of going to jail or to community treatment program. This act showed that there was a decrease in arrest, there was an increase in savings, and reduced the numbers of minority confinement. There’s intermediate sanctions, which...
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...Criminal Defense Case Analysis Melissa Bowman CJA/305 January 30, 2016 Jerri Green Introduction This paper will go over two cases that explain the nature and types of defense used and the evidence used to demonstrate the defense. The first case explained will discuss Andrea Yates, a mom who killed her five children on grounds of insanity. The next case Jean Harris also claimed to be insane and by accident killed someone by accident as she tried to commit suicide. It will also address how justification and excuse play a role in the cases. Lastly, the outcomes of each case will be given. Explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. There are multiple types of defense, justification and excuse are affirmative defenses. This is when it must be raised or asserted by the defendant independently of any claims made by the prosecutor. The first case to be explained is about Andrea Yates, the type of defense she chooses was innocence by reason of insanity Andrea Yates Biography. (2016). She had cited postpartum psychosis. Yates was treated for postpartum depression and psychosis; they showed that the illness ran in her family. The birth of her fifth child and death of her father was shown as a reason she fell into a severe depression. She had been admitted to Devereux-Texas Treatment Network and was put on psychotropic drug treatments Andrea Yates Biography. (2016). She was accused of drowning all......
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...In the last decade, DNA analysis has become a mainstay of the criminal justice system the gold standard for identification (Liptak). The role of deliberation in the integration of technology and society examines where we, as a society, have reached a consensus or should on the use of DNA in the justice system, and also points to the unsettled areas of debate in which there remains room for reasonable disagreement. DNA technology has been rapidly and fairly easily integrated into the courtroom; its integration into the pre and post-trial areas has been slower and more complex. Nevertheless, some broad areas of agreement exist, or should exist, in these areas, including: that some level of post-conviction relief is warranted; and that some forms of DNA databases are effective and appropriate investigatory tools. Areas of Consensus There are two broad areas of consensus. First, that DNA changes the meaning of time in the justice system. From this principle follows a number of measures to take in consideration: that evidence must be preserved; that there should be statutory criteria for post-conviction access and review of evidence; and those statutes of limitation should be increased or abolished. The second area of consensus is that DNA databases in some form, at least are legitimate and effective investigatory tools. Time has been deeply programmed into justice both pre conviction, with respect to statutes of limitation, and post-conviction, in limitations on......
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...NARCO-ANALYSIS AS A TOOL FOR CRIMINAL INVESTIGATION Project Submitted in Partial Fulfilment of the Requirements For The Degree of Master of Laws of the Mahatma Gandhi University. By NIJIL.D PREFACE . In India scientific methods have emerged as a tool for interrogation and extraction of information from uncooperative suspects and witnesses. But the legality of these methods is in peril, mostly because of the procedure involved and the nature of information obtained through these method. Most of these modern techniques are non invasive methods, which can detect deception without causing physical or mental injury to the subject. Narco-analysis is one of the important techniques among them. It makes use of scientific methods by which the medicine “truth serum” is injected to the convicts so as to prove the crime. But they often raise doubts regarding basic human rights and also about their legal validity. Also when some up holds it’s validity in the light of medical and legal principals and others rejects it on the ground of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to......
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...Our country, America: “the land of the free”, is one of the most diverse countries anyone could ever visit, live in or hear about. Although it may appear as if every race has equal power and opportunities in the big picture, it does not seem to be the case when a close is taken at things like our judicial system. The amount of inequality that takes place in this country is atrocious. In her article The New Jim Crown, Michelle Alexander asks the question: “ how exactly does a formally colorblind criminal justice system achieve such racially discriminatory results? “ (p 100). She says that there are two reasons why such results occur. The first reason is because law enforcement agents have a lot more discretion than necessary when it comes to...
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...The criminal justice Administration Analysis and ethics 484 4/20/2015 Dwayne Carr The criminal justice Administration Analysis and ethics Professional conduct and ethics are essential pieces, to the criminal justice administrations with ethics is defined what a person moral beliefs is right from wrong. The criminal justice administrations have to deal with a problem that are ethical on a daily basis and have to handle the ethical situation in behavior that is professional. The criminal justice administration and the law enforcement administration have a terrible time with professional conduct, and ethic’s particular matters might be hard to take on for the reason. Because of administration of criminal justice have a duty of creating moral decisions of what counts as right or wrong makes them have to be very professional. Also, employ critical thinking skill as well. Within this paper, it will analysis discuss, the critical thinking with the concerning association with ethics. In addition, professional conduct role with police officers, as well as the five areas of the ethical conduct, should communicate within the seminar. Also the reason to choice those areas and the suppose benefits, with the training for each the public and law enforcement. Professional Code of Ethic for Law Enforcement With the professional organization, concerning with certain parts of the law, medicine, also the criminal justice system as......
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...When an individual is charged with a criminal act they need to appear in court and this individual is considered the defendant. The defendant and their attorney will attempt to prove that the prosecution is wrong and that the defendant is in fact not guilty. With this there are various types of defenses available. These types of defenses are described below. Insanity Defense – One of the most argumentative types of defenses available is the insanity defense. In this type of defense, the defendant’s attorney attempts to show that the defendant is insane and is unable to be held responsible for the crime that they have committed. In this type of defense, there are two different plea options that are available to the defendant, not guilty due to mental illness and psychologically ill. One needs to be sure they understand the difference between the medical and legal position of psychological insanity and illness. In medical terminology, psychological illness can be any type of disaster that shocks an individual’s mind. Any individual can be affected by an illness during any given period of time and there is not any real categorization as to what could decide whether an individual is insane or not (“Addington v. Texas”, n.d.). For example, an individual might be suffering due to a psychological illness and could still be capable of holding down a job as well as carry out everyday activities needed to live. As far as the medical field goes there is no such thing as insanity, and......
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...Ethics in Criminal Justice Administration Analysis Ethics in the criminal justice system is customary when the administration measures are sometime virtuous and imperfect, attractive and unattractive and the ideas of production values are perceptive that this may be right and wrong. Working in the criminal justice system, every decision and results must meet the needs of the citizens and the law enforcement in regards to the balancing concern. The concerns are from prosecuting the guilty and respecting the right of the accused, protecting the victims, and creating a safe community. This paper will give analysis of the critical thinking concerning the relationship between ethics and professional behavior role of the law enforcement officers, and the five areas of ethical conduct that should be communicate in a seminar. Professional Code of Ethic for Law Enforcement According to the City of Detroit (2012), their code of ethic is stated as follows; “As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty; equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to my agency or me. Honest in thought and deed in both my personal and......
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...Lullabies for Little Criminals is a tragic, coming-of-age novel written by Heather O’Neill which focuses on the life of the protagonist, Baby. Near the beginning of the story on pages 8 to 9, the readers first experience the many different themes, and symbols that occur. At this point in the book, the readers receive a sense of understanding of Baby as a character and her traits. Moreover, these few pages are essentially a microcosm of the entire story, as it highlights the overall theme; innocence and how easily it can be taken. It is also clear that Baby wishes she had still had her innocence, and eventually regrets her mistakes. The theme of innocence is eminent throughout the novel considering the experiences Baby encounters, such as living with her drug-addicted father, becoming a prostitute, and doing drugs, all at the age of just twelve years old. The first time the idea of innocence can be seen in this passage is when O’Neill uses...
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...Analysis of Racial Profiling In the Criminal Justice System Police officers today face many challenges. Some concerns include dangers or safety concerns related to being a police officer, questions of the use of force and the public’s perception of officers being corrupt. Additionally, with cases of deaths and accusations that have come to the forefront about police throughout the United Stated, questions about police racial profiling have also come to light. Today’s police are considered to be corrupt and prejudice against minorities. Their image has been tarnished and police are now seen as the enemy. Many compare today’s law enforcement officers to the police officers that were prejudice and brutalized blacks during the civil rights movement. If police are to change the public’s perception of them so they can get back to the business of protecting and serving, they must address issues of racial profiling, police brutality and the criminal just system must partner with the community to reduce crime rates and recidivism rates among minorities. First, racial profiling is defined as “any police action initiated on the basis of race, ethnicity, or national origin of a suspect; rather than on the behavior of the individual or on information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity (Ramirez, 2008, p.3). Originally, racial profiling was used to combat the issue of drugs and assist......
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...QA Concept Introducing LoadRunner • Why should you automate performance testing? • What are the LoadRunner components? • Understanding LoadRunner Terminology • What is the load testing process? • Getting Familiar with HP Web Tours • Application Requirements The Power of LoadRunner • Creating the Load Test • Running the Load Test • Monitoring the Load Test • Analyzing Results Building Scripts • Introducing the Virtual User Generator (VuGen) • How do I start recording user activities? • Using VuGen’s Wizard mode • How do I record a business process to create a script? • How do I view the script? Playing Back Your Script • How do I set the run-time behavior? • How do I watch my script running in real time? • Where can I view information about the replay? • How do I know if my test passed? • How do I search or filter the results? Solving Common Playback Problems • Preparing HP Web tours for playback errors • How do I work with unique server values? Preparing a Script for Load Testing • How do I measure business processes? • How do I emulate multiple users? • How do I verify Web page content? • How can I produce debugging information? • Did my test succeed? Creating a Load Testing Scenario • Introducing the LoadRunner Controller • How do I start the Controller? • The Controller window at a glance • How do I modify the script details? • How do I generate a heavy load? • How do I emulate real......
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