999 Search Results for Evidence in Criminal Law the
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
Mandatory Sentencing
Public policy, crime, and criminal justice
Mandatory Sentencing: Case Study Critique
The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and is Continue Reading...
Capital Punishment & DNA
DNA Evidence, Capital Punishment, & the Criminal Justice System
Capital Punishment is an issue of great contention. There are many people who strongly favor the use of capital punishment; there are also a great numb Continue Reading...
American legal system consists of two types of cases, civil and criminal. Civil and criminal cases differ greatly from each other but also may share similarities in certain situations. Crimes are typically viewed as offenses against the state. These Continue Reading...
Variations of the area court model, such as teen courts, medicine courts, and household physical violence courts, focus on specific concerns in order to establish even more extensive options. The underlying presumption of neighborhood courts is that Continue Reading...
S. Congress 2006). Under a military commission's procedures and rules of evidence, the accused may present evidence, cross examine witnesses against him, and respond to evidence presented against him; attend all the sessions of the trial; and have th Continue Reading...
The law's intended purpose of preventing and detecting future attacks was the dominant concern of lawmakers. Yet, the hasty manner in which the law passed through Congressional lawmaking processes causes opponents to argue that lawmakers gave dispro Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
" Giannelli (2003) stresses that advantages and reliability of scientific and technical evidence depend on whether a scientific culture exists. For reliability of DNA and other scientific evidence, there have to be sufficient written protocols and "a Continue Reading...
public to scholars, the death penalty has come under severe criticism in contemporary epoch. The debate between the supporters and criticizers of capital punishment has been going on for decades. Is death penalty constitutional? What are the factors Continue Reading...
Constitutional, Legal and Ethical Issues in Criminal Justice
Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, seve Continue Reading...
This is a form of punishment that is incremental in application, and establishes what the public perceives as unbreakable pattern of individual criminal recidivism (Siegel, p. 110). However, there is no evidence to support incarceration itself as a Continue Reading...
This is not a new development -- international law had long recognised universal jurisdiction for piracy and slavery, for example -- but it marks an extension of the principle, in a modified form, into a new subject area' (emphasis added).
In fact, Continue Reading...
Race Discrimination Justice
Discrimination
RACE DISCIMINATION CRIMINAL JUSTICE
Race and Discrimination in the Criminal Justice System
Racial inequality has long been an issue in the American society. Despite making substantial progress in creatin Continue Reading...
Acquainted With the Law
Various Law Terms-3
Insider Trading
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. T Continue Reading...
Australian Criminal Justice System
Formal mechanisms are required to make certain there is no bias or discrimination against the people. With informal mechanisms there was unfair treatment of the accused even to the point of receiving unjust sentenc Continue Reading...
She had been struck several times in the head with a Toney Penna golf club -- so ferociously that the club had shattered into multiple pieces -- and then stabbed in the neck with the broken shaft the club's handle and part of the shaft had vanished. Continue Reading...
1446) and it also reinforces that the offender's actions are not taken seriously by the government. A retributive system for criminal punishment accomplishes the ideal of equal liberty under law (Markel, 2004). When an individual commits a crime, th Continue Reading...
History Policing, the Law Enforcement Industry America, Police Role Society and the Functions Policing America; a critical analysis
A critical analysis: History Policing; the Law Enforcement Industry America; Police Role Society and the Functions Po Continue Reading...
Within American communities with the highest crime rates, the dynamic relationship between motivated criminals and the myriad opportunities perpetually available in their communities contributes to a continuing cycle of multigenerational crime. More Continue Reading...
National security and intelligence policy focus on offices that the federal government controls. These policies have gained the support of the communities who have the resources used in implementing such policies. Therefore, the national security a Continue Reading...
Sonnier v. State (1992)
John L. Clough found various items from his shop had been stolen and among them were four-amplifier speaker’s value ad $1400. Olga Lee Sonnier was convicted of the theft of the speakers. John found that Burton, his empl Continue Reading...
Q3: Compare FDA Form 483 to an FDA "warning letter."
The intention of a Form 483 is to teach, not to punish, according to the FDA. After it conducts an inspection, the FDA prepares an internal briefing. However, it also presents a Form 483 in priv Continue Reading...
Texas Rules of Evidence
The most recent Texas Rules of Evidence were codified effective January 1, 2007 (Texas Courts Online. December 21, 2011. P. 1); further examination provides an interesting insight into Texas Law. There are Ten Articles with a Continue Reading...
Rule of law Legitimate?
'The Rule of Law is to be Legitimate because the issue of law is not a simple, but a highly complex one, and it involves the analysis of numerous important issues." Law is not as simple as something that can be forced upon o Continue Reading...
Criminal Justice in Todays SocietyAbstractThe modern-day society has evolved, and so are the security and social issues that face it. To determine the specific challenges that face todays society and thus, the criminal justice system, it requires a c Continue Reading...
Biddle v. Commonwealth and Davis v. Commonwealth are two cases that portray different interpretations and application of the law with regards to imputability in criminal law. These cases provide a different view of an individual's responsibility with Continue Reading...
Introduction
One of the crucial criminal-law appeals is R v. Le, which brings up questions about the kind of privacy interests protected under the Canadian Charter of Rights and Freedoms’ Section 8. This section protects against the police&rsqu Continue Reading...
Using forensic medical evidence in court
It is a requirement by the International law for all states to carry out investigations for all allegations of torture and bring to book the culprits. The victims of such torture also need to be compensated ad Continue Reading...
Criminal Justice and Intelligence: ILP Assessment 6-10Learning Task: Week 6Confidential informants are sometimes the criminals themselves who collaborate with the police or the intelligence departments in return for a favor (United Nations Office on Continue Reading...
In “Morality Influences How People Apply the Ignorance of the Law Defense,” Alter, Kernochan, Darley, et al. (2007) present the findings of four empirical studies showing how the perceived morality of the defendant influences decisions re Continue Reading...
Criminal Justice: Sentencing a DefendantThe conviction of child sex offenders for each state and region is different since this is considered a debate upon what type of intentions and urges were involved when the crime was committed. The law has to l Continue Reading...
Abstract
This paper provides an overview of the use of DNA in criminal investigations. It shows how DNA can be helpful and harmful in terms of validating a narrative, how it has been used to exonerate inmates and used to wrongfully convict others. It Continue Reading...
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a Continue Reading...
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various sta Continue Reading...
Business Law
Justice at Bat
The Story of Three Strikes Legislation
It has been said that only two things are certain - death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of Continue Reading...
The Need for Criminal Justice Reform in the United States3.0 Understand the Need for Criminal Justice ReformCriminal justice reforms in the United States have attracted the attention of various stakeholders. According to Galston (2016), Americans acr Continue Reading...
police and law enforcement officers have more or less discretion? Why? Give an example of a specific discretionary power in your answer. What parameters may be used to set the limits to discretion, apart from the provisions of applicable laws? Consi Continue Reading...
Crime
Understanding why crime occurs requires an appreciation for the complexity of human behavior. Behavior is not determined by one factor, but rather influenced by a host of interrelated factors. Modern biological theories in criminology differ f Continue Reading...