The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...
Essays on Criminal Cases
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Introduction
Trials for criminal cases is important to know the level of guilt or innocence of the accused person. It involves the enforcement of public codes of conduct as represented in the rule of laws as supported by the government’s prosecuting institutions or individuals. In general, the criminal case trials, there are efforts to bring criminal charges against the individual who allegedly committed a crime against another person or group of persons. However, the trial process itself is not as easy as it sounds. There are procedural steps that are normally being followed in a criminal trial, which will ...
Overview
Media violence is considered complex. Therefore, its meaning is explained in different ways according to how one views the whole perception. According to David & Hertz, (2007) one of the simple definitions of media violence is the exposure of fights, murder, and forms of injustices through the televisions to the public. When defining media violence, one should keep in mind the ideas like; the aims of media violence that are; do they point at passion or retaliation? The being consequences: whether financial benefits or death and finally, the techniques in media violence like handful fights or shootouts. When watching the ...
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 ...
Steps in Criminal Jury Trial
Upon being charged with a crime, the defendant is provided with some documents including an appearance notice and promise to appear in court, summons, the information, etc. This states the charges, the offense, and then date, time and place of the opening court appearance (Walston-Dunham, 2011). In this instance, the case now proceeds to the trial phase. For a case to be complete, it has to follow through six main steps i.e. selecting a jury, opening statements, evidence presentation and cross-examination, the final remarks, jury instructions, and finally the jury verdict. Selecting the jury - The first step begins ...
The Defense Counsel was called Chris Churchill
Nature of the Matter: Criminal Case What Happened: A Description The accused in this case had been charged with the offenses of possession of stolen property and stolen identity or identity theft. Spitney had been found in possession of a social insurance card that did not belong to him and a boat operations license which he was at pains to explain where he had got it. From the conversations I had with both the Prosecuting Counsel for the Crown and the Defense Counsel for the accused, the suspect admitted having committed these crimes and was thus sentenced by the ...
Identify the three branches of Texas government and describe their functions.
Texas was admitted as the 28th State back on 29 December 1845. This was nine years after its secession from Mexico in 1836. The current constitution of Texas was adopted in the year 1876 (“Texas State Government at a Glance, n.d.”). As a result, the Texas’ government operates under its Constitution, which comprises a type of unitary democracy for its state government, one that uses the Dillon Rule in addition to governments both at the municipal and county levels (“Abbott, n.d.”). The Constitution of Texas divides the power of state movement into three specific departments namely the legislative, executive ...
Abstract
The application of the rule of law as well as driving the use of the law towards the creation of a law abiding society is the limelight towards the creation of a society which does not condone crime and its sycophants. Enforcing law is one of the most effective mechanisms of controlling crime in any area. The use of the police as a law enforcement mechanism encourages peaceful coexistence within the society. The control of crime is usually a major step in discouraging crimes in communities. In the places where there are high cases of criminal cases reported, the ...
Crime scene investigation is an important area of the criminal justice field. The CSI groups are expected to find and collect evidence at crime scenes. They are to follow the guidelines of collecting the evidence and packaging it properly. The proper packaging is to ensure that the evidence stays fresh and does not get contaminated. They then ensure that the evidence is delivered at the proper analyzation and examination teams to further review the evidence. Once the evidence is reviewed and properly understood then the investigators continue with this information to obtain a warrant, capture a suspect, or use ...
Abstract
The application of the rule of law as well as driving the use of the law towards the creation of a law abiding society is the limelight towards the creation of a society which does not condone crime and its sycophants. Enforcing law is one of the most effective mechanisms of controlling crime in any area. The use of the police as a law enforcement mechanism encourages peaceful coexistence within the society. The control of crime is usually a major step in discouraging crimes in communities. In the places where there are high cases of criminal cases reported, the ...
Abstract
The current paper provides a detailed and exhaustive analysis of the contemporary ethical problem that has more than significant social and legal consequences. In particular, the respective paragraphs of the current study are discussing the theoretical and practical perspectives concerning the crimes against women in their most casual and the most underreported form – the acts of violence by their intimate partners. For this particular purpose, the current International, European and American legislature concerning the acts of violence against women have been offered by the beginning of the paper along with the brief insight to the background information that is ...
Almost US, but still Latin America. This is the brief definition one can give to Puerto Rico. US is actively engaged in cooperation with the archipelago, but the chances that this area ever really become an integral part of the United States are still unclear. More so, it is a unique habitat with its own unique development system, including the judiciary. Puerto Rico is a dependent territory of the United States and has the status of "unincorporated organized territory”, which means that the area is under the control of the United States (and is not an integral part thereof), ...
The CSI (Crime Scene Investigation) effect or the CSI syndrome is the phenomenon that shows that the media has been spreading serious concerns on the integrity of the criminal trials which are being influenced by the effects of popular television show – CSI (Dioso-Villa, 2009). It is basically the perception that the forensic science results are false as they do not match with the observations in the television show. This syndrome is the effect of the increase in the mass media. This effect started appearing in the year 2003 after the show became popular on the television. Another side effect ...
The federal court system of the United States has been divided into 94 federal judicial districts in order to efficiently dispense federal justice. The physical extent of the powers of each judiciary is not necessarily bound by state borders or borders of any specific kind, but is decided by Congress (“Court Role and Structure”). For example, the District of Wyoming has jurisdiction over all of Yellowstone National Park, including the areas of the park that are located in Montana and Idaho. Another example is that of New Jersey, where the physical extent of the jurisdiction includes Camden, Newark, and ...
Occupational Safety and Health
1. Citation referred to the U.S. DOJ for criminal proceedings The illustration of penalty for job-related health and safety occupation breach could be referred to U.S. Department of Justice for a legal action. The current violation under this citation was split up further into two sets which are; willful and severe violation (Turney, 2003). 2. Prerequisites that would have to be fulfilled ahead of citations to be represented for criminal procedures. Before the citation could be referred for criminal proceedings, they had to meet the following conditions; if the firm was unsuccessful to ascertain whether the employees were unprotected ...
In my research paper, I decided to open the concept of judicial protection of the juvenile justice system. However, to understand more the problem and all aspects, firstly, I need to explain what the criminal law is and when it was formed. The Criminal Law of the United States was formed and developed under the influence of English law of the precedents. The USA is federal country, which has federal criminal laws and criminal laws of individual states. These two systems are parallel. The federal criminal laws set only responsible for the crimes that infringe on the security of ...
Citation that can be referred to the U.S. DOJ for criminal proceedings Citations of penalty for occupational health and safety violation can be referred to U.S. Department of Justice for a criminal prosecution. The present violation, under this citation, is divided into two categories which are; willful and severe violation (Morey, 1975). Conditions that would have to be met before citations are referred for criminal proceedings. Before a citation gets referred for criminal prosecution, there are criteria that must be met. The most important creterion is the company’s failure to identify whether the workers have been exposed to ...
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 ...