Essays on Convicting

Paper Outline

Introduction Thesis Statement: The use of DNA in a criminal prosecution has helped advance justice for both victims and suspects by, among other things, eliminating the possibility of wrongful conviction due to inaccurate identification. This way, it has also tremendously helped the law enforcement agencies in the criminal justice system in fighting and solving crime through effective investigation of offenses. However, there are also legal -particularly human rights- and ethical challenges regarding DNA application in criminal prosecution (Naughton & Gabe 245).

Sub-Points

-Improved the functionality of the criminal Justice system The use of DNA in a criminal prosecution has enhanced the ...

Abstract

The research paper is based on non-conviction based confiscation system. The system was recently proposed by the European Commission. In general, the paper gives a comparative approach between non-conviction based confiscations and conviction-based confiscation. However, in some nations, non-conviction based confiscation is referred to as Civil Forfeiture. The main aim of conducting this study, therefore, is to have a comparative study of the conviction-based confiscation in Kuwait and non-conviction based confiscation in Australia. The study as well will identify the gaps involved in non-conviction based confiscation that will enhance its adoption or not. The significance of the study, however, ...

Based on the case study, it is evident that burglary can be defined in various ways. Breanna comprehends the different aspects of burglary. Burglary is an unlawful entry into a structure with an intention of committing an offense. Breanna has clearly indicated that burglar breaks into a building to commit theft, assault or felony. The offender may not necessary have to physically break into a structure. Trespassing through an open door is another form of burglary. As Brenna defines, there are occasions whereby there are occasions whereby there is no victim present during the burglary. The elements that are ...

On Feb 5, 2016, a judge in a California Court sentenced Dr. Hsiu Tseng to life in prison for 30 years for the involuntary murder of her patients who totalled 3 in number. Her patients had according to the District Attorney overdosed on the prescriptions that she wrote. When Dr. Tseng joined Rowland Clinic in California in 2007, little did she know that it would be the last place she would ever practice in her professison. On her short-lived career at Rowland Clinic, she wrote prescriptions for more than 27,000 patients. This translated to about 25 patients in ...

Introduction

Criminology refers to the branches of Sociology and Law which are focused on the way a country comes together to institute their criminal justice system and deal with crime and criminals to ensure the harmony of the society. Every society has its own system of detecting, trying and convicting criminals. The purpose of this essay is to examine the main institutions of the criminal justice system of England and Wales. This will include the identification of the roles of the different institutions and how they work together to achieve control and reduce crime in the country. Officially, the aim ...

Introduction

Miscarriage of justice is defined as the wrongful convictions of people due to the control of the police department and the prosecution during the investigation or pre trial when the individual could be proven innocent. This kind of injustice has been experienced throughout the world a good example is Australia in cases such as the Andrew mallard conviction, Lindy chamberlain Creighton conviction in 1982, Farah Jama conviction in 2008 and Terry Irving conviction in 1993. There are many factors that contribute to wrongful convictions in areas such as Australia. These factors are false confessions, eyewitness identification and testimony, tunnel vision, ...

A popular saying goes “to err is human” which has been proven true in many instances that human beings are generally fallible. People can be wrong but contrary to many skeptics arguments, their fallibility shows that not only would they be wrong, but can also be right. Being wrong does not only carry the possibility of one being right, but implies that often he/she is. Fallibility is a mark of objectivity as it shows there is no standard other than oneself which determines what is right or wrong. Most people can be wrong in given instances but that does ...

Introduction

Cases of miscarriage of justice have been reported in our news channels for many years. Today, thousands of political prisoners languish in jails, all over the world, and they do so, unjustly. Increased terrorism in the 21st century has made it even worse. With wrong convictions as a result of prejudice with regard to ethnicity, religion, activism among other perceived evils, the numbers swell by day. This paper advances the view that the law has been applied selectively in many cases, and especially in America, leading to significant cases of misplaced justice, with regard to victims of terror. Borchard, ...

The death penalty in Texas has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully convicted, the ...

The Patty Hearst Trial presents one of the most controversial cases that have attracted attention of many scholars. Various legal experts and other analysts have presented different views in relation to this case by evaluating circumstance that surrounded the entire trial from diverse perspectives. The case revolves around Patty Hearst, a renowned newspapers heiress who engages in various unlawful activities especially after being kidnapped by the Symbionese Liberation Army (SLA). Hearst trial presents a rich scenario, which explores various social-economic and political issues in relation to the justice system. The trial highlights the general use of customary psychiatric defenses including the ...

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the shaky level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully ...

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully ...

A. People v. Watson B. 30 Cal. 3d 290, 637 P.2d 279, 179 Cal. Rptr. 43 (1981). C. Decision &Year Decided In the year 1981, the California Supreme Court rendered a verdict convicting the defendant of secondary murder on the conduct of causing a fatal accident as a result of reckless driving. The court found rationality in concluding that the defendant’s behavior was deliberate and unprovoked, and he consciously disregarded human life. However, it can be argued that the court failed to define exactly when the conduct of an intoxicated driver can be regarded as an implied malevolence. ...

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. Despite the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not an unconstitutional measure. Given the research that shows that the death penalty is an effective deterrent for murder, it should remain a viable and permissible measure for punishment for ...

The Exclusionary Rule

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution

The Exclusionary Rule

The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary Rule, ...

I chose my essay to be ‘an argument for making the death penalty mandatory for murders’ because it has been a dilemma in the society. There have been sections advocating for its abolishment and those for its reinforcement. However, statistics show that murder rates are increasing and break outs in prison increase due to advanced technology, hence there have been calls to make the death penalty for murder mandatory so as to rid offenders from the society and prevent the crime reoccurring. To make my essay stronger for the portfolio, I did revisions in the four sections of the ...

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully ...

Should the death penalty be mandatory for people that kill other people?

The saying goes do unto others what you would have them do unto you. Therefore, the price for taking away life should cost the offender his or her life. Different kinds of punishment have been used to discourage criminals from unlawful actions, and the greater the criminal act the greater should be the punishment. The death penalty is a controversial issue and people base their arguments for or against death penalty on practical, emotional, religious or practical grounds. People in favor of the capital punishment argue that it improves peace in the society by ensuring that such people do not ...

INTRODUCTION

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully ...

THESIS

The death penalty in the United States has long been a controversial issue – the idea of putting someone to death for their crimes is thought, by some, to be an antiquated idea that went out with the stocks. However, there is still significant public support for the measure as a deterrent. When considering the prison costs and the flaws inherent in the justice system, it becomes somewhat clearer that the death penalty is not a cost-effective or ethical measure. Given the non-unanimous level of support for the death penalty, as well as the possibility of executing innocent citizens who have been wrongfully ...

ABSTRACT

In this paper, the author examines the various talking points associated with the debate over capital punishment, in order to determine whether or not it is still feasible as deterrent, and ethical as a form of punishment. The statistics of public approval and actual usage are compared, and the prison costs of death row inmates are compared with those who face life without parole. The possibility of executing an innocent criminal, and the discriminatory factors involved in choosing who gets sentenced to death, are also cited as possible reasons for the impracticality of the death penalty. In conclusion, the death ...