Essays on Criminal Prosecution

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 ...

This article accesses the use and application of the Garrity rule in internal investigations of police officers. Apparently, the Garrity rule has not been applied consistently throughout police departments in the country. Some departments have applied the rule as stated by the Supreme Court, others have expanded the rule, while still others have limited the rule. Additionally, the Garrity rule has provided police officers with immunity from prosecution when immunity may not have been appropriate.

Facts

In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court established a rule pertaining to statements made by officers during internal investigations. ...

Abstract

Daigle (2012) suggests that the rampant misuse and misunderstanding of the Garrity warning is something that has a profound effect on the administrative and managerial part of law enforcement. Law enforcement has to have a way to elicit responses from employees to determine employees’ willingness and ability to do their jobs; this should be entirely separate from the criminal prosecution that can occur as a result of criminal misconduct (Daigle, 2012). Administrative and internal affairs professionals must be able to appropriately understand how and when to use the statements given to them by personnel. When an officer issues a ...

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 ...

Can you (or Mr. Youprop’s Supervisor) search Youprop’s personal vehicle parked in the Company lot for digital evidence?

No. The situation that has been developed after the incidence with Mr. Youprop is a matter that needs to be handled delicately because of the possibility of application of the 4th amendment. Privacy, particularly in areas of work has been an issue that is steadily gaining attention from the justice system. More people are currently concerned with matters of employee searches, be it their personal property or their workspaces. Workers such as Mr., Youprop are usually searched when they are suspected of theft. One of the best ways to handle this issue with minimal law infringement would be, first ...