...states that the defendant has the right to council. According to Cornell University Law School (1992-2013), the 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (para. 1). In other words, defendants obtain the constitutional right to be represented by an attorney during a trial even if the defendant cannot afford one. When one cannot afford an attorney the government appoints one to handle one’s case, at no cost. At almost every important phase of the criminal process, the suspect has the right to a lawyer. The right to council is important to defendants because they are the ones who will be most likely facing charges and without the right to counsel defendants run the risk of serving a long term jail time and/or death. * This paper will analyze two cases and discuss how the historical development of right to counsel relates to the cases, when the right to counsel attaches to criminal procedure, whether the defendants in the cases exercised their right to self-representation, and the role of the attorneys in the cases as it...
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...A Failed/Corrupt Criminal Justice System Management ABSTRACT Is the U.S. Justice system a failing system? Are policemen allowed to take the law into their own hands? Are crime labs paid to send innocent people to prison? In my brief research paper we will look at some of the injustices facing U.S. citizens in today’s society and we will discover solutions to some of these problems plaguing our society. A Failed/Corrupt Criminal Justice System The United States of America is well known for her justice system catering to the wealthy (ones who can afford the top lawyers) and no so much to the less fortunate. Those who cannot afford to be represented by their own lawyers are faced with a tough upward struggle proving their innocence in an arena that would label them guilty before any true defense begins. How far does this injustice go? Are innocent people being persecuted based on race, social standings and incentives for prosecution? Is there an issue with law enforcement carrying out their duties? Is there truly justice in our justice system? There has been, in recent months, an upheaval in the U.S. Justice system due to the procedures done by officers detaining criminals. The actions, which have been perceived by many to be infringement on civil rights, leave the lives and the law totally into the officer’s hand. It reminds me of one of my favorite movies growing up, Judge Dredd, where the police can also act as the jury, judge and executioner with no penalty to...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...Extreme Makeover: Criminal Court Edition This paper is going to discuss and argue points regarding tattoos and the meaning behind the tattoos, which will also disagree with Article titled: Extreme Makeover: Criminal Court Edition, By John Schwartz, and Published in December 5, 2010 in Clearwater, Florida. A Florida judge has agreed with a defense request to have John Ditullio’s tattoos covered up by a makeup artist so that they cannot influence the jury in his murder trial. The court paid $125 a day for the services of a cosmetologist and the process took process 45 minutes. Criminal “John Ditullio goes on trial for murder charges related to a double stabbing that wounded a woman and killed a teenager in 2006. This is Mr. Ditullio’s second trial for the murder; the first, which also involved the services of a cosmetologist, ended last year in a mistrial. If convicted, he could face the death penalty. Jurors will not see the large swastika tattooed on his neck. Or the crude insults tattooed on the other side of his neck, or know about the taunting Christmas card he sent to the victim’s family from prison. Or the fact that he was a Neo-Nazi group member. The judge was wrong to have agreed with defense to cover up John Ditullip‘s tattoos by a hiring maker-up artist, because tattoos have a communicative value, especially the ones with high public visibility (see plot below). According to research performed by Kathleen Doss & Amy S Ebesu Hubbard , tattoos...
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...Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism Author(s): Ethan Michelson Source: American Journal of Sociology, Vol. 113, No. 2 (September 2007), pp. 352-414 Published by: The University of Chicago Press Stable URL: http://www.jstor.org/stable/10.1086/518907 . Accessed: 29/09/2013 06:25 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . The University of Chicago Press is collaborating with JSTOR to digitize, preserve and extend access to American Journal of Sociology. http://www.jstor.org This content downloaded from 203.101.161.82 on Sun, 29 Sep 2013 06:25:22 AM All use subject to JSTOR Terms and Conditions Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism1 Ethan Michelson Indiana University, Bloomington This article uses the case of Chinese lawyers, their professional troubles, and their coping strategies to build on and develop the concept of political embeddedness. Data from a first-of-its-kind 25-city survey...
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...are unbeknownst to the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how the criminal justice system is in need of much repair and how the Michigan Innocence Clinic can combat troubling trends of the system. In each case that have been worked on, the Michigan Innocence Clinic have uncovered overlapping causes of wrongful convictions. There...
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...SEMESTER 2 SUBMITTED ON 10TH APRIL 2015 Name of the supervisor Signature of the supervisor TABLE OF CONTENTS CHAPTER 1: INRODUCTION……………………………………………………3 1.1 Background study………………………………………………………..3 1.2 Problem Formulation and solution……………………………………....3 1.2.1 Problem Definition…………………………………………4 1.2.2 Justification…………………………………………………4 1.2.3 Objectives…………………………………………………..4 1.2.4 Scope………………………………………………………..5 1.2.5 Research Questions…………………………………………5 1.2.6 Basic Assumptions of Study/Project………………………..5 1.2.7 Basic Limitations of Study/Project………………………….5 CHAPTER 2: LITERATURE REVIEW…………………………………………..6 2.1 Introduction……………………………………………………................6 2.2 Review of Relevant Literature and Opinion…………………………….6 2.3 Existing Systems………………………………………………………...7 2.4 Re-Definition of Problem………………………………………………..8 CHAPTER 3: RESEARCH METHODOLOGY………………………………....8 3.1 Participants………………………………………………………………8 3.1.1 Leading/senior counsel…………………………..……………8 3.1.2 Junior Associate Attorney………………………..……............8 3.1.3 other non-legal staff……………………………..……………8 3.2 Research Design…………………………………………………………8 3.2.1 Descriptive Design……………………….….………………...8 3.3 DATA COLLECTION…………………………………………………9 3.3.1 Interviews………………………………………………………9 3.3.2 Questionnaires…………………………………………….........9 3.3.3 Literature Review………………………………….…………..10 3.4 DATA ANALYSIS……………………………………………………….10 2 3.5 RESOURCES AND TOOLS REQUIRED FOR THE PROJECT…….10 3.5.1 Development Tools……………………………………………...10 3.5.2 Hardware…………………………………………………………10...
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...speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation. Address the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Include videos, audio, photos, diagrams, or graphs as appropriate. Format your presentation consistent with APA guidelines. Option 2: Right to Counsel Attorney Interview Research one case involving right to counsel using the Internet or University Library. Analyze the case and identify two or three questions you want to ask an attorney regarding the right to counsel. Find an attorney to interview by searching the Internet, checking your local phone book, or referring to the National Association of Criminal Defense Lawyers. Write a 700- to 1,050-word paper that incorporates the attorney’s responses about the right to counsel for the case. Include the following: •...
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...Science in the 21st Century By: Crystal Lyle AJS/584 - FORENSIC SCIENCE AND PSYCHOLOGICAL PROFILING STEVEN HOENIG 2-29-16 This paper will examine my perception and concept of forensic science in the 21st century. It will also examine the importance of forensic science to policing criminal investigation court process, and the efforts of various levels in security. In addition to analyzing the importance of forensic science, I will give a historical approach. I will discuss the accuracy of the media representation of forensic science and how issues. Lastly, I will discuss the influence the CSI effect have on the judicial process. Forensic Science is the application of science to criminal and civil laws that are enforced by law enforcement agencies in a criminal justice system. Another definition of forensic science is principles and techniques to matters of criminal justice, especially as it relates to the collection, examination, and analysis of physical evidence. In 1929, a Los Angeles police department establish the first American forensic lab. Forensic science has been around over 300 years or more and it continues to improve and emerge today as science and technical knowledge find more improved and accurate techniques. Forensic science has come to be a critical instrument in allowing guilt or demonstrating innocence in the system of criminal justice. In the late 80’s (DNA), society was accepting of (DNA) and forensic science continues to develop and unfold Technology in...
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...Plea bargains are extraordinarily common in the American legal system, accounting for roughly 90% of all criminal cases. Many countries, however, do not allow plea bargains, considering them unethical and immoral. Below is a discussion about what plea bargains are, why we use them, and different types of plea bargains as well as what happens if both parties don't [Contractions are inappropriate in academic writing--write it out.] live up to the terms of a plea bargain (http://criminal.findlaw.com/criminal-procedure/plea-bargains-in-depth.html). [If this URL is in a citation, it should not appear here but rather on the references page.] Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence. Plea bargains are often referred to as really just establishing a "mutual acknowledgment" of the case's strengths and weaknesses, and don't [Write out contractions.] necessarily reflect a traditional sense of "justice". In theory, courts are happy to have the respective parties work out a solution by themselves, but it begs the question of who is best served by allowing plea bargains. A plea bargain is a contract between the defendant and the prosecutor. If either side fails to live up to its end of the agreement, the most likely remedy is to go to court to enforce the agreement. In particular, many plea bargains ask a defendant...
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...Diversity Issues in Criminal Justice The diversity issue focused on in this paper will be racial disparity in sentencing. This paper will also focus on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of victim and/or offender. (The Sentencing Project, 2005). Here in the United States, African Americans criminals are over represented compared to their number in the general population. According to (Calderon, 2006) “the idea of a racially discriminatory process violates the ideals of equal treatment under law as well as under the constitution that these laws were based on.” Racial discrimination within sentencing is often a complex process, along with other factors, as well as producing racially discriminatory outcomes in certain situations. Racial discrimination has been a big part of this country for a very long time and just because things have started to change it does not mean people’s perception have changed. However, people who are in...
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...Kkkkkkkkkkkkkkkkkkkk The Criminal Justice System The United States Criminal Justice System is a system that acts to enforce the criminal laws in this country. The system is somewhat different depending on where you are and depending on the level of government that you are involved with. The criminal justice system can be overwhelming, confusing and intimidating for anyone who does not work within the system on a regular basis. As a matter of fact, the system can be challenging for those that work in the field. So imagine the response of a crime victim as he or she attempts to navigate the very imposing “criminal justice system.” The criminal justice systems have been in place throughout history to ensure the safety of citizens. From its inception, the U.S. criminal justice system has upheld the concepts of checks and balances (Sayre et al, 2006). Today, the U.S. Criminal Justice System is more refined than it has been in the past due to the fact that modern laws are cohesive, defined and uniform for the entire nation. The punishments for each offense are recorded, and judges are required to treat each offender in the same manner. Offenders and crime victims also have more rights than they once did in the beginning days of the U.S. Criminal Justice System. (Sayre et al, 2006) Research indicates that there could be three, four, or five components of the criminal justice system. It just depends on the source that you are looking at. For the purposes of this paper, I am going...
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...referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...devastate a company, force investors to lose billions of dollars, and destroy people’s life savings. Through L. Dennis Kozlowski’s and Mark Swartz’s scandal reported in 2002, the Tyco Company lost over $28 billion dollars in debt. However, the biggest lash came to its shareholders who lost over $90 billion. The Tyco two were tried and found guilty in 2005, and are currently serving a 25- year- sentence. Crime never pays and it is only a matter of time before one is caught. The damage done affects all people involved including the innocent families of the victims and criminals. These two may not have ruined the company, but they ruined themselves. The question is was it worth it? Partners in Crime: The Tyco Threesome When people think of criminals; they tend to stereotype this to involve thugs and the lower class. However, this is not always the case. Participants of the privileged society are also capable of criminal behavior, but usually in a more complex manner. One of the more popular high society crimes involves business scandals and is termed “white-collar.” These crimes stem from greedy business and government professionals who become financially motivated to commit a nonviolent work related crime that usually includes hoarding large amounts of money. In 2002, the world came to realize that Tyco International was such a company to fall victim to this type of crime. In 2003, Ex- Tyco CEO L. Dennis Kozlowski, CFO Mark Swartz, and chief legal officer Mark Belnick were accused...
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...capita incarceration rates vary from state to state, This paper will analyze the current trends and the impact incarceration has on communities of color and how criminal justice policy and practice plays a role in this. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are black or Latino, though these two groups constitute only 25 percent of the national population. Some of the greatest racial disparities in rates of incarceration happen in states in which minorities are massed in urban areas, which tend to have both higher rates of crime and greater law enforcement activity. This paper will also discuss how these incarcerations affect the offenders, public safety, criminal policies and procedures. Racial Disparities in Corrections There are many factors regarding the disproportional rates of incarceration in communities of color. Data generated by the U.S. Department of Justice predicts that if current trends continue, one out of every three black males born today will go to prison in his lifetime, as well as one of every six Latino males. The rates of incarceration for women overall are lower than for men, but similar racial/ethnic disparities still apply. Some law makers are looking at ways to develop policies and practices to reduce insupportable racial disparities in the criminal justice system, it is essential to analyze the factors...
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