...Appeal courts outline the criminal courts that can hear cases involving adults. Outline the types of criminal offences that are dealt with by these courts (10 marks) Criminal offences are classed as either summary, either way or indictable offences. Summary offences are minor, and include things such as assault and are always heard in the magistrate’s court. Either way are middle ranking offences such as theft and can either be heard in the magistrates or crown court. Indictable offences are the most serious such as murder and are always heard in the crown court. From the magistrates court the D can appeal to the crown court against their sentence and also against conviction but only if he pleaded not guilty. If the appeal is against his conviction the case is completely reheard by a judge and two magistrates. If the appeal is against the sentence the crown court can confirm it or decrease or increase it. Both the prosecution and defence can appeal to the High Court, Queen’s bench division by way of case stated, which is an appeal on a point of law. There is a further route to the Supreme Court on a point of law of general public importance. Both can also appeal if they feel there has been bias in the case and can seek Judicial Review. The D can appeal from the crown court against conviction and/or sentence to the Court of Appeal but they must get permission to appeal from the CA. They can appeal if their conviction is unsafe and they can have their conviction quashed or have a retrial...
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...In Scots criminal law, questions of sufficiency of evidence focus on the corroboration rule. This means that nobody can be convicted of a charge on the evidence of a single witness. Therefore, in criminal trials, evidence must be corroborated for the accused to be prosecuted. The Supreme Court decision of Cadder regarding ‘right to a fair trial’ and the change in the legislation, led to Lord Carloway publishing a review of the legal system of Scotland. Many of Lord Carloway’s findings were welcomed and supported but its recommendation to abolish the requirement of corroboration on the basis that it is “archaic” has been strongly opposed by top Scottish lawyers and judges. I believe that discussing the possibility of abolishing corroboration is a dangerous and controversial move. There needs to be much greater time and care taken when discussing the removal of such an integral part of Scots law. This essay will analyse and discuss the possible modifications to corroboration and why I disagree with Kenny MacAskill’s view that it should me removed completely from Scottish criminal law....
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...Foundations of Psychology Jackie Bartlett Abstract Kowalski, R.,& Westen. D. (2005). Psychology (4th ed.). Hoboken, NJ: Wiley This paper will examine basic concepts of human interaction from a psychology perspective. It will describe at least two examples of how human behavior changes based on social situations. The two behaviors that this paper will examine are teenagers who drink in a crowd of their peers but don't drink when they are alone and taking part in bullying in a group but not alone. In both of these scenarios the individual who participates in the behaviors to fit in are “changing their attitudes or behavior to accommodate the standards of peers or group by a process called conformity (Kowalski & Westen, 2005).” The paper will also discuss precursors and consequences of both of these behaviors. Next, the paper will analyze and identify any associated phenomenon like social facilitation, social loafing , or groupthink. Last, there will be some discussion from the NIMH on whether or not these behaviors necessitate intervention. Social Influences Paper Introduction “Sociologist and philosophers have recognized that people behave different in crowds than they do as individuals and that a crowd is more than the mere sum of its parts (Kowalski & Westen, 2005).” Human behavior changes based on the social situations they encounter. This paper will examine basic concepts of human interaction...
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...the validity of this statement. The Criminal Law (Sentencing Act) 1988 determines that during the process of sentencing an offender, the nature of any indictable offence must be taken into account by a judge, along with a range of aggravating and mitigating factors. Essentially the judge must order a sentence that is fair considering the gravity of the offence and the particular circumstances of the offender; this is known as the "principle of proportionality". Comprised of objective and subjective factors, aggravation and mitigation factors often encompass key aspects of a judge's ruling - as evident in most sentencing remarks; they play a pivotal role in ensuring that each guilty individual is sentenced appropriately. As outlined in section 29A of the South Australian Criminal Law (Sentencing Act) of 1988, the court may “indicate an appropriate range of penalties for a particular offence or offences of a particular class” and “indicate how particular aggravating or mitigating factors (or aggravating or mitigating factors of a particular kind) should be reflected in sentence.” True justice, in terms of sentencing, can only be achieved if consideration is given to the offender's criminal history, personal circumstances, and post-crime actions: the nature of the offender as well as the nature of the crime must be considered by the judge. As made apparent by most sentencing remarks, alongside the nature of the crime committed, the criminal history of the accused is one of the...
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...group must work together in order to form stable working relationships and work toward the common goal of effectively delivering justice. “Stable and familiar relationships among the group members are more likely to lead to close working relationships. This often leads to better negotiations, less reliance on formalities, more utilization of informal arrangements, and the creation of cooperative relationships. Group interactions play a significant role in the way that one group member responds to another” (Mays, Chapter 3, 2011). One of the major key players in the work group is the prosecutor. Schmalleger (2011) stated, the prosecutor is “an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses” (p. 315). The prosecutor has several duties which cannot be effectively managed by one person which is why there are assistant district attorneys that handle much of the in-court work. A prosecutor must work with the police department in order to obtain much needed evidence for a trial. Before a trial begins, a prosecutor must decide on the charges to be brought against the accused, examine and determine the...
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...The function of the prosecutor is highly important when concerning reform of the administration of criminal justice. Prosecutors have high amounts of power in the decision-making process. In which they are responsible for the prosecutions, in order to seek justice. Since the prosecutor is there to represent the citizens when a crime is committed it is important for them to be ethical and focus on uncovering the truth so the wrong individual does not in up in jail, and the wrong individual does not end up scotch free. It is the prosecutors job to make sure the right individual is being charge with committing a crime. In regard to the statement “"The role of a prosecutor should focus on winning the case rather than uncovering the truth" I do...
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...privileges and rights should be restored by allowing them to cast votes. According to them, blocking felons from voting is undemocratic, unfair, racially, and politically motivated while opponents state that felons have poor judgment, and should not be entrusted with this fundamental right. This research paper gives a clear summary of two articles concerning their position on felon voting. The first article is Liberal and republication argument against the disenfranchisement of felons by Jeffrey Reiman, and the second one is Locked out: felon disenfranchisement and America democracy by Jeff Manza and Christopher Uggen. Both articles indicate that disenfranchisement of criminal offenders who are already through with their sentences is ethically and morally wrong. The two authors lobby for the enfranchisement of all criminal offenders including those in prison. They indicate that blocking them from voting is undemocratic and unlawful. In their articles, they argue that all Americans should participate in elections since they have a democratic right entrenched in the United States Constitution. Liberal and republication argument against the disenfranchisement of felons by Jeffrey Reiman...
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...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
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...discriminates against criminals will have a disparate racial impact, employers must show a business necessity before automatically disqualifying criminals. Employment Discrimination Toward Felons In today’s society we have over 12 million felons in our employment epidemic. Where do we draw the line when it comes to our economy, our fellow Americans living and job opportunities for those who have criminal backgrounds wanting to make positive changes in their lives? Do we continue to use a past life against the possibility of change and let them suffer because of the choices made or do we give that chance of a life time and let them transition into a more positive life? How do we determine who is fit for employment today?, we the people of today’s workforce should be helping those ex-felons or one’s with a criminal background to transition without judgment giving them a chance to make better choices without falling back into their old habits of criminal activities. According to one estimate there are currently 12 million felons in the United States, which cannot even apply for simple jobs nor certain licenses in many states, as of 1998, seven states absolutely barred felons from public employment. (Thompson and Manza 2000). Other states had more narrow restrictions, for instance, only covering infamous crimes or felonies involving moral turpitude. Some laws have been criticized for being over inclusive;(Ben Geiger July 2006) for instance, a law banning all criminals from working...
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...ABSTRACT in Six States A link between a history of criminal conviction and a risk of professional misconduct highlights the importance of criminal background checks. O BJECTIVE : The researchers sought to determine what factors might affect the outcomes of remediation, including the likelihood of recidivism, among nurses who had been the subject of disciplinary action and had been put on probation by a state board of nursing. M ETHODS : Boards of nursing in six states, Arizona, Maryland, Massachusetts, Minnesota, Nebraska, and North Carolina, chose to participate in this exploratory study. A 29-item questionnaire was used to investigate the records of 207 RNs, LPNs, and advanced practice RNs (APRNs) who were disciplined and put on probation by a state nursing board in 2001, as well as to collect data on their employment settings, the boards’ actions, and remediation outcomes (the presence or absence of recidivism); 491 nurses who had not been disciplined served as controls. RESULTS: Among the disciplined nurses studied, 57% were RNs, 36% were LPNs, 3% held both RN and LPN licenses, and 3% were APRNs. Of the disciplined group, 39% recidivated between 2001 and 2005. Three factors were shown to influence the recidivism rate: having a history of criminal conviction, having committed more than one violation before the 2001 probation, and changing employers during the probationary period. Data on history of criminal conviction prior to state board disciplinary action were available...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners 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...
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...The chief of police in a large city government describes the problem of getting his officers to do paperwork. Officers enjoy working with the public and apprehending criminals, not sitting at a desk. The paperwork is boring, but can make the difference in convictions. The chief has no financial rewards (budget crunch) and promotions are determined by seniority, not the quality of paperwork. Officers were trained to perform street work, not fill out forms. Arrests, not paperwork, get noticed. Conviction success is due to too many factors to be a performance criterions. 1. What performance problem is the captain trying to correct? The main problem in this case is poor police reporting of incidents, as well as the resulting lost cases in court. 2. Use the MARS model of individual behavior and performance to diagnose the possible causes of the unacceptable behavior. Motivation. There are several facts that suggest that the poor paperwork is due to lack of motivation. First, officers come into this profession because they want to work with the public and catch criminals, not sit in an office filling out reports. Thus, the paperwork task does not fulfill their needs for personal growth. Second, social rewards (praise, recognition) result from the outside activities, not paperwork. Third, financial rewards do not encourage people to do paperwork. Promotions are based on seniority , so they motivate officers to stay with the force, not to complete paperwork. Competitions...
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...the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more than once for an alleged offense. The idea was not to give the State too much over the individual, this way...
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...Peter Marzuk, psychological disorders and persons with mental illnesses and personality disorders are strongly linked to crime? Marzuk notes that new studies of violence among the mentally ill are well designed and quite convincing. His studies do state that most people who have mental illnesses are not criminals., and the ones that are do not commit not violent crimes. Marzuk says, "In the last decade, the evidence showing a link between violence, crime, and mental illness has mounted. It cannot be dismissed; it should not be ignored." This research found that people with a background of psychiatric hospitalization were more likely to have been found guilty of a criminal offense than persons without a history of psychiatric hospitalization," a finding that was true for both men and women. According to Marzuk, depending on their sex and diagnostic categories, subjects with psychiatric hospitalization histories were three to 11 times more likely to have criminal convictions than those without such histories. Offenders with personality disorders and hospitalization backgrounds were convicted of all types of crimes, and, surprisingly, averaged the same number of convictions as never-hospitalized...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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