...spirit of protecting human rights, criminal defense effectiveness is a practice to solve and important problem in theory have to consider. The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense. Although the effects of related program design is an important factor in achieving effectiveness to defend, in today's defense system is increasingly perfect, defense effectiveness problem especially criminal entity effectiveness is cured, the most fundamental problem actually lies not in the program system is imperfect,...
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...Victim and Crime Evaluation Larry Fulse CJA /354 May 5, 2014 Joeseph Caulfield The Criminal Justice system today is our scale of judgment. It plays a major part in how we live and how we continue to live among all the dangers, evil and corruption that surrounds us. Without it there wouldn`t be the fine line of right and wrong, there wouldn`t be justice. Those that are considered victims in our criminal justice would turn and become the aggressors and the criminals if we didn`t have a Legal System, and we would live in a world of chaos. Many individuals each have a role to play in our Criminal Justice System; there are the criminal and the victims who create the unfortunate events to which justice has to be served and then there are the defense attorneys and the prosecutors who do their best to upload the justice system and make sure that justice is served. What are the goals of sentencing associated? A defense attorney is a hired contractor, charged with representing individuals or entities in criminal or civil matter. People and organization facing criminal charges or being sued civilly hire a defense attorney to ensure their legal rights are properly protected and guide them through the legal counsel, is ethically and professionally required to watch over only the interest of his clients, within the boundaries of the law. He is legally and morally considered an “officer of the court,” and is required to refrain from lying or misrepresenting the facts of the...
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...Hoover the theory is “a set of related propositions that suggest why events occur”. We can define theory as "Statement of a relationship between two or more propositions and concepts . which explains and/or predicts some behavior ". Introduction to Theories of criminology : There are many "theories" of criminology suggested by many writers. It would not be practical to list them all. a few only that have received some support. The almost prominent schools of criminology Were : The Classical School, "which began about 1755 to 1764" after Beccaria (1738-94) published his famous Essay on Crimes and Punishments; Along with Beccaria, the thinkers of the Classical School were Rousseau, Montesquieu, Voltaire, Jeremy Bentham, William Blackstone, Samuel Romilly, and others. The Positive School, " which began after the publication of Lombroso's L'uomo Delinquente (The Criminal Man) in (1896-97). Along with Lombroso, the thinkers of the Positive School were Enrico Ferri (1856-1928), Rafaele Garofalo (1852-34), and others. The Social Schools which began in 1889, after Colayanni published his famous Essay . _____________ (1) Franklin P. Williams III and Marilyn D McShane , Criminological theory , A Paramount Communications Company ,...
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...Deadly Deceivers: Why criminals shouldn’t be able to plea insanity Just imagine for a second this scenario. Its premier night for the most anticipated movie of the year “The Dark Knight Rises” and you’re finally making it into your seat after standing for about an hour outside the theatre. The lights dim as the movie starts, and bang! A guy busts through the door fully armed and starts firing into the seat. Seventy people are injured, twelve of them die. The man responsible for this crime is currently on trial, and has the chance to be acquitted because he plans on pleading insanity. Prosecutors in this case proclaim: This just allows the defense to think through how they want to proceed…That makes it easier for the defense to plan its best case. Holmes could plead insanity and would wind up in a mental hospital indefinitely – and would never face execution, if the jury finds in his favor (Campbell). This would not be fair to the people who were injured and to the loved ones of the people who lost their lives in the shooting. Just as a kid would do anything not to get in trouble by their mother, so would a criminal who could face life in jail or execution, which is why pleading insanity shouldn’t be up to a criminal, because they would do anything to get out of jail time. The insanity plea, also known as the insanity defense, is a type criminal defense used in order to reduce their liability in court. Barry S. Edwards, a Minnesota criminal defense attorney, asserts that...
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...Criminal Justice System Paper CJA/204 8/2/2011 Criminal Justice System Criminal Justice is known as a system of rules and institutions of governments focused on upholding social control, deterring or reducing crime, or dealing with subjects who violate laws with penalties and rehabilitation efforts. In order to have a system in place to counter crime and those who commit it, we must first understand what crime is. According to Eagle Systems Home Security (July 10, 2006), “A crime is an act that violates law of any person or social grouping. It is a violation of criminal law, which is the standard of bad behavior”. Subjects accused of crimes have certain protections against abuse of power during investigation and prosecution. The United States Criminal Justice System is broken down into three sections; Police, Courts, and Corrections. Each component is critical in achieving the goal of protecting individuals constitutional rights through enforcement of standards of conduct. The first component in the Criminal Justice System is Policing. The Police are at the tip of the spear in the system. Police are the first entity in the criminal justice system that an offender will come into contact with. Officers will conduct an investigation into suspected wrong-doing and make an arrest of the suspected offender. Police Officers in America are tasked with a wide-ranging mission that grows increasingly more dangerous. Never before in the history of the United...
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...The Criminal Justice System Tina M Sample CJS/200 June 22, 2012 Ronald Rucker The Criminal Justice System System of institutions and practices of governments is what makes the criminal justice system; it is directed at upholding mitigating crime, deterring, social control, and discipline individuals that choose to disobey the laws with rehabilitation efforts and consequences. Three parts make up the crime justice system: corrections, law enforcement, and adjudication. These organizations develop rules of law and sustaining laws within society in the criminal justice system. Corrections Most publicly form of corrections is prison, prisoners may serve as detention centers after the person is found guilty; jails are used for containment of the accused. Offenders are turned over to the correctional authorities, from the courts, after they have been found guilty. Punishment can be served for a variety of purposes; the most obvious is to take them from the general public so they cannot perpetrate any more crimes. Many other forms of punishment besides prison are offered, rehabilitation is now offered in prison punishment. House arrest and probation can also be offered as forms of punishment, which limits a person’s mobility. While execution is still acceptable in some societies, others save execution for the most brutal crimes, while others have outlawed it totally. Court Disputes are settled and justice is administered inside the courts. Significant individuals among the court...
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...and Crime Evaluation paper Juan Martinez CJA/354 Criminal Law November 6, 2013 Alin Sahagian Victims and Crime Evaluation paper There are many different roles that take place in the criminal justice system some of those roles from the prosecutor, defense attorney, the criminal and of course the victim. The prosecutor presents the case against an offender to the court on behalf of the state. The prosecutor has a duty to tell the court about all the circumstances of the case and the facts of the offence. He will stand in front of the court and present to the judge explanations of harm committed to any victim of an offence. He provides the court with assistance on the sentencing range, and then he will identify relevant case laws and legislations that may apply to the case. The prosecutor can make submissions on an appropriate sentence and try to do everything reasonable to ensure the court is acting only on truthful information, and to protect the judge from making an error in sentencing that could lead to an appeal. Defense Attorney are there to perform an important role in the criminal justice system which is to ensure that their clients accused of a crime receive due process of law and enjoy every possible benefit from their talent that justice allows. The key participant to a defense attorney is the public morality that plays an essential characteristic of the criminal trial. The natures of the role require defense attorneys to perform a number of sometimes unpopular...
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...| A Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System | | | Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, “The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged” (Santobello v. New York, 1971). The practice of plea bargaining has generated thoughtful ethical debate with effective arguments on both sides. Prior to offering an opinion, an understanding and comparison of the points of view regarding its use along with the purpose, types, and effects of plea bargaining must take place. A plea bargain is a criminal case pact wherein one side offers sentence prearrangement to the other in return for a guilty plea (Bikel, 2004). This permits those who have been suspected of serious criminal acts the opportunity to considerably lessen the charges and escape a more severe penalty. The prosecuting attorney will usually bargain this, or the initial charge will endure with a recommendation for a lighter punishment. With these forms of inducements, the courts save time and money swiftly and efficiently (Feješ, 2012). A plea bargain can be introduced by either the prosecuting or defense counsel with both sides negotiating throughout the process. This practice can be swift or entail...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...Criminal Justice Today CHAPTER 4 BOOK COVER Criminal Law Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved Nature of Law • Rules of conduct inherent in human nature and in the natural order • Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws Ten Commandments The U.S. Declaration of Independence Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved English Common Law • Originates from usage and custom rather than from written statutes • The major source of modern criminal law in the United States • Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Definition of the Rule of Law • The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members Criminal Justice Today, 13th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved The Categories of Law • Statutory law Substantive criminal law • Describes what constitutes particular crimes and specifies the appropriate punishment...
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...Week Three Read Me First criminal courts INTRODUCTION This week focuses on the criminal court system. Courts are typically limited in geographical jurisdiction and in the cases that they can hear. The United States has a dual court system in which the courts closely resemble and complement one another. The courts also have what is known as a courtroom work group that consists of the judge, prosecutor, defense attorney, baliff, clerk, and court reporters. The roles of the courtroom workgroup will be discussed at length this week. This Week in Relation to the Course This week, you explore what happens after arrest. All offenders must go through a series of steps following arrest and detention. This process involves the court system and a number of players who have an integral role in the criminal justice system, such as mental health workers, probation officers, jurors, and so on. The defense attorney, prosecutor, and judge are three of the most important positions involved in this process. The roles of the prosecutor, defense attorney, judge, and other members of the court are examined. You learn about the options that judges consider when determining punishment. You also explore the premise of determinate and indeterminate sentencing and how it affects the actions of the court. The differences between the federal and the state courts and between adult and juvenile court systems are another important aspect of this week. You discuss the various steps during...
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...CJA/224-Introduction to Criminal Court Systems October 22, 1013 Deborah Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the options with his or her defense attorney (Siegel...
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...in the criminal justice systems. There are two types of plea negotiation, but there are three main categories of plea bargains. They all include sentence reduction, and that’s were some of the controversy starts. Plea bargains also have some positives and negatives about them. Many people can argue for the use of plea bargains, but many can also argue against the use of plea bargains. I personally think they are helpful, but may be offered to easily. Plea bargaining is the process by which a person accused of a crime may bargain with the prosecutor to receive a lesser punishment. Typically, the accused person will plead guilty, sometimes to a lesser charge than the original one (to manslaughter rather than murder, for example). As stated by the Boston College Law Review, the U.S. Supreme Court estimates that at least ninety percent of criminal convictions are based on guilty pleas. Typically, defense counsel and the prosecutor negotiate the charges to be brought. If the bargain pertains to the sentence to be meted out, a judge may also participate unless barred from doing so. The main purpose for plea bargains is this process saves the government the time and cost of a jury trial in exchange for a reduced sentence. Defendants who plead guilty as part of a plea bargain give up three constitutional rights: the right of trial by jury, the right to confront and question one's accusers, and the right to refuse to incriminate oneself. However, it can speed up the criminal justice...
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..."the moral fitness in a decision or action" Ethical decisions and moral decisions influenced by every person’s ethical code, the ethical code of their profession and further on of their society as a whole. Without knowledge of ethics, criminal justice professionals may be naïve about moral issues occurring within the criminal justice system. The study of ethics helps criminal justice professionals quickly recognize the ethical consequences of various actions and the moral principles involved. Within the criminal justice system, ethics is germane to most management and policy decisions relating to punishment and is the rationale used in making these decisions, such as whether to rehabilitate, deter, or impose just deserts. (Springer, 1995) The criminal justice system comprises professionals who exercise power and authority over others and who in some cases are authorized to use force and physical coercion against them. The law, or accepted standards of behavior, imposes ethical rules and responsibilities on these professionals. It follows that professionals in the criminal justice system must be aware of ethical standards in carrying out their functions. Ethics is crucial in decisions involving discretion, force, and due process, because criminal justice professionals can be tempted to abuse their powers. (Springer, 1995) Ethics is reflected usually in how people relate to those whom they are close, whom they interact with on a friendly level frequently while Laws generally...
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...The Criminal Justice System and Process The criminal justice system and process refers to violations of the criminal laws put in place to apprehend and punish violators. The criminal justice system intends to protect the innocent through fair treatment with three main parts in the systems that consist of agencies as law enforcement, courts, and corrections. These agencies work together following the rules of law and maintaining these rules. The first part of the criminal justice system is policing investigate suspects for any wrong-doing. When the violator is arrested he or she is processed for booking and put in the system. A warrant can be issued for the violator where law enforcement officers can apprehend the suspect for arrest. The main purpose of law enforcement is to protest the public and keep social order. Law enforcement also has the duty to provide emergency and services in protecting the rights, individual freedom, and maintaining order. The next procedure is the court system. The criminal courts system provides impart and fair trails to ensure due process, decide the violators’ innocence or guilt, decide the cases on imposing a guilty sentence, provide fairness throughout the process, and provide protections of the rights of the individual. The criminal justice personnel have duties by courts to provide fairness, integrity, impartiality, and professionalism in criminal case proceedings. The courtroom has important people ensuring...
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