...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 justification...
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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 law: 13 Conclusion...
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...The Criminal Justice system is a set of laws and different agencies that was established by the United States governments in order to control crimes and give penalties to those who oppose the laws. There are two different types of Criminal Justice: State and Federal. Each State and Federal Criminal Justice jurisdictions differs depending on: government, State, Federal, City and County (Siegal & Worrall, 2015, pg. 9). Since there are five different components that make up the Criminal Justice System, it is important to understand the differences and their importance to the system as well as the processed. One of the main components that every Criminal justices system has is law enforcement. The roles of Law Enforcers are to investigate various...
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...In each component of the criminal justice system, there is an important decision to make pertaining to if an offender will be arrested, tried, or arrested. To best explain the flow of the criminal justice system, one must look to the formal criminal justice process. An offender starts the criminal justice process by first engaging in initial contact with the police. When this phase has past, an investigation must take place; this phase can last anywhere from a few moments to several years, and can involve only one officer or several hundred. The police must gather enough sufficient evidence to identify a suspect and to support a legal arrest. In order for an arrest to occur there must be probable cause, the officer deprives the suspect of his individual freedom, and finally the suspect believes he or she is now in police custody and lost his or her freedom. For smaller cases, such as a misdemeanor, the officer must have witness the crime personally in order to make an arrest....
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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 and...
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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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...While the courts were overflowing with drug violators, who were sometimes dubiously charge, the police on the street were also experiencing hardship of the own. In 1991, Alex Kotlowitz reported on Officer John Gamble who while questioning a suspected drug criminal, “grabbed a hot iron off the nightstand and repeated touched it to the bare skin of the prisoner.” Kotlowitz effectively showed the negative impact the war on drugs was having on the psyche of the people employed within the justice systems. As the courtrooms and law enforcement we adapting to the often times negative changes brought about by the war on drugs, so would our prisons. Increases in drug related prison sentences became apparent rather early...
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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 five...
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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 bringing...
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...Criminal Minds What if the person that standing next to you deep down is a psychopath? What if the house across the street is home to a serial killer? Lastly, what would you do if you know your lifelong partner is “sick” and has problems for the longest time and you never know about it? These questions have come to my attention ever since I start catching the show. When I found out about the TV series, Criminal Minds - an American crime drama created by Jeff Davis, my affection had been captured by it. The first episode aired Wednesday, September 22th, 2005 through the CBS network. Each episode is a crime story of its own, but connects with the personal narratives of the main characters – BAU, the Behavior Analysis Unit. Because most the...
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...not what drives a juvenile to becoming a lifelong criminal and deviant, but instead, the “fate” that’s is tagged on by society and enforced by the conscience. According to a study performed in Malcolm Gladwell’s psychology book, David and Goliath: Underdogs, Misfits, and the Art of Battling Giants, a person’s “self-identity” in college is just as important as the student’s actual intelligence. Gladwell begins to explain that if you are in a class where you feel smart (or have a positive self-identity); you will perform extraordinarily better on examinations. On the contrary, even though one is highly intelligent, if they are in a class containing students who are smarter than they are, then they will feel less smart and perform worse on examinations. If we compare college students to juvenile’s delinquency, we can get a better idea on how the self-fulfilling prophecy operates. If a society treats someone like a criminal, regardless of the offender’s...
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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 narco-analysis...
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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 well...
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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 psychological...
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