Related Essays
Criminal Law and Psychopathy
I. Introduction
Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The debate on whether or not psychopaths should be held criminally responsible for their acts, and thus be subjected… Continue Reading...
of society than it is about me….I believe society needs to be protected from criminals.”
Criminal law professor George Fletcher followed the trial closely. After the acquittal, he commented:
The facts of the Goetz case were relatively clear, but the primary fight was over the moral interpretation of the facts…I am not in the slightest bit convinced that the four young men were about to mug Goetz. If he had said, “Listen buddy, I wish I had $5, but I don’t,” and walked to the other side of the car the chances are 60-40 nothing would have happened. Street-wise kids like that are more attuned… Continue Reading...
Civil vs. Criminal Law
Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The… Continue Reading...
society's criminal justice organization. As a result, these institutions impact the manners in which criminal law is implemented and administered and corrections put into place (Law Library, 2017).
Police agencies are part and parcel of the law enforcement. In a police agency undertakes its law enforcing operations in a political system that is corrupt, then it becomes just about unmanageable to eradicate and abolish the corruption within the police agency. In particular, it has been acknowledged that taking into consideration that police departments are the enforcement arm of government, the correlation between the police department and the administering executive branch of government have to… Continue Reading...
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of… Continue Reading...
local, regional, county, and state customs and practices should be revered, it's essential to have one overarching court interpreting criminal law to help avoid confusion. Therefore, Supreme Court practices can be improved through considering these customs when interpreting criminal law.
The Process after a Criminal Trial
The process of a criminal trial varies somewhat across states because of differences in criminal justice policies. However, most criminal cases or trials follow relatively similar stages until the case is decided or resolved. Generally, a criminal trial is the proceeding during which the plaintiff and defendant present evidence to argue their claims. The main aim of a criminal trial is to determine… Continue Reading...
United States are heard in the state courts. These include crimes that are violations of state laws, including criminal laws, disputes about constitutionality, cases in which the states are a litigant, such as violations of tax policy, and real estate cases. State courts also often have special juvenile and traffic courts to hear those specific offenses (“State Courts and Federal Courts,” 2018). These cases often have unique features, such as the additional protections and restrictions offered to juveniles, which is why they are deemed to be more appropriately relegated to a separate system.
The critical difference between trial and appellate courts is that trial courts hear matters pertaining… Continue Reading...
criminal justice system has gone through several modifications after historic events occurred within the criminal law context that uncovered the system’s shortcomings (Mueller, 1996). These events, perhaps, influenced lawmakers to enforce amendments and change the case execution process, for appropriately upholding justice. One such case is that of OJ Simpson, who was tried for killing Nicole Brown (his former wife) and Ron Goldman (who worked as waiter at the Mezzaluna Restaurant); the two were found dead on 13th June, 1994.
The victims’ bodies were discovered just before midnight. According to the prosecutor, the killings probably took place somewhere around 10:15-10:35 P.M., as indicated by… Continue Reading...
to federal control over the healthcare sector relate to expenditure, taxation, criminal law and public property, in addition to a general authority of lawmaking for sound governance, peace, and order in the nation. The Canadian federal government's general Constitutional influences enabled it to start financing a single-payer, nationwide healthcare structure in the year 1966, and update it with the 1984 Canada Health Act's enactment (Mcmillan). Further, the Canadian federal government utilizes its Constitutional influence over the sphere of criminal law for regulating medical instruments, medication, and other medical product sales. Major statutes in this regard are the Criminal Code, the federal… Continue Reading...
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;
And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw).
Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search… Continue Reading...
the criminal law," ("In Re Winship").
The Supreme Court decision underscores the unnecessary nebulous nature of the "preponderance of evidence" clause that had tainted the original Family Court case, noting that such "abstract weighing of the evidence" is "susceptible to misinterpretation," ("In Re Winship"). The justices also write that the "reasonable doubt" standard "plays a vital role in the American scheme of criminal procedure. It is a prime instrument for reducing the risk of convictions resting on factual error," ("In Re Winship"). Given that juveniles are frequently tried for acts that… Continue Reading...
criminal law issues, jurisdiction matters. Each and every state, and in some cases even local municipalities, will have different legal guidelines, procedures, bylaws, and stipulations impacting a case. The reader is strongly advised to seek advice from a local attorney familiar with the laws of their state or jurisdiction, even though the information in the Nolo articles is a good starting point. Although mainly objective, one of the goals of the Nolo website is to… Continue Reading...
