220 Search Results for Constitutional Aspects of Criminal Procedure
In this regard, Wexler (2002), points out that the "reliance by many deeply religious citizens on religious sources of authority raises important civic problems" (p. 1159). Among these problems is the ability of the state to "see your face" when it Continue Reading...
Criminal Court System
Evolution and History of the Criminal Justice System:
When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government.
Prior to t Continue Reading...
The need for mental competency was most recently addressed by the Supreme Court in Indiana v. Edwards, a case that helped to reinforce these fundamental constitutional rights for mentally ill defendants. The research also showed, though, that the cr Continue Reading...
Crime Control/Procedures
The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judg Continue Reading...
The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal proce Continue Reading...
Criminal Procedure
Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of t 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...
Criminal Justice
Law enforcement
Some things are fundamental to the history and progressive development of human society. The evolution of technology brings with it new challenges in the management of the security of the state. For this motive that Continue Reading...
Equal Protection:
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such Continue Reading...
e. height, weight, age, race, etc.), in connection with the investigation of specific criminal activity, that information allows authorities to narrow the search for individuals who match those identifying characteristics. The process is perfectly lo 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 objec Continue Reading...
Criminal law is defined at both the state and federal level of American government. In the United States, "most crimes ...are established by local, state, and federal governments," with the exception of common law crimes ("Criminal Law" 2010). There Continue Reading...
S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members Continue Reading...
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate.
Yes, the crimi Continue Reading...
3. Given what you know about the operations of the criminal courts, is it accurate to call the criminal justice process an "open system"? Why?
Yes, it is accurate to call the criminal justice process an open system. Criminal defendants have access Continue Reading...
As a result, if an illegitimate interrogation or investigation contributes to the identification of physical evidence, the investigation and physical evidence must be excluded from trial. In this case, the interrogation or investigation is excluded Continue Reading...
Horizontal communication is the proverbial 'grapevine' of information, such as gossip between partners. The exchange of information through horizontal channels can impact morale, but not always department policy, at least not as swiftly as in downwa Continue Reading...
Criminal Cases and Their Resolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances Continue Reading...
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislati Continue Reading...
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. When this is done, the objective of defending civil liberties is served but the aim of finding the truth and s Continue Reading...
Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: Continue Reading...
Criminal Attorney
The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or cri Continue Reading...
The stop itself was legal since even though the police had an ulterior motive, they stopped the car for a traffic violation.
3) The tape recorder is properly used as long as it is authenticated via proper chain of custody.
The required proof incl Continue Reading...
"The United States engaged in a pattern of conduct beginning in or before 1989 intended to lead Iraq into provocations justifying U.S. military action against Iraq and permanent U.S. military domination of the Gulf.
2. President Bush from August 2, Continue Reading...
I think that my knowledge of procedure is probably my strongest. I feel very comfortable with the level of knowledge I have about proper police procedure. I feel confident that I not only understand basic procedural rules, but also the justificatio Continue Reading...
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
(Rian)
CJ327W Research Methods in Criminal Justice
The Miranda vs. Arizona rulin Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.
Domicile
Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
Administrative Search Exception
Administrative Search Exemption
Administrative search exception: Why it applies to airport searches
The 'administrative search exception' has often been called the TSA's attempt to circumvent the Fourth Amendment. H Continue Reading...
Classification of Federal Agencies:
The Administrative Procedure Act is regarded as one of the most significant legislations because it focuses on establishing rules and regulations with which federal regulatory agencies enforce major legislative a Continue Reading...
Crime Control Model and the Due Process Model
In this paper we shall examine and differentiate between two "ideal type" models of the criminal process: the Crime Control Model and the Due Process Model. Crime control underlines an efficient criminal Continue Reading...
These areas are illustrating how Harris is violating numerous aspects of criminal justice procedures and the law. ("Training Day," 2001)
Key Criminal Justice Procedures
In the film, there are a number of criminal justice procedures that are contin Continue Reading...
qualified candidate who demonstrates professionalism and aptitude in the field of private security, I urge you to consider the following BSCJA courses that I have recently completed with aplomb. Through this coursework, I have met and surpassed all Continue Reading...
In that regard, officers who misunderstand reasonable suspicion, probable cause, the limits of officer safety as a predicate to conducting frisk searches, and the complex procedures for securing and executing both search and arrest warrants run the Continue Reading...
Physical Evidence
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony o Continue Reading...
Camouflaged Killer: The Shocking Double Life of Colonel Russell Williams offers a thorough treatment of a disturbing story from both criminal psychology and criminal justice perspectives. Gibb does far more than offer a biography and overview of the Continue Reading...
Therefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at Continue Reading...
Paradoxically, states with harsher criminal statutes and higher conviction rates tend to maintain fewer inmate developmental programs because high-volume prisons tend to be run on a for-profit basis that discourages "unnecessary" spending. The most Continue Reading...
The other aspect of Fourteenth Amendment protections that is most relevant to the modern administration of justice in the age of global terrorism and national security concerns is the right to equal protection under the laws of both federal and sta Continue Reading...
Therefore, even staunch proponents of capital punishment share the concern that it be (1) imposed only where extreme punishment is appropriate to the nature of the crime, and (2) applied in a manner that does not cause unnecessary pain or prolonged Continue Reading...
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; Continue Reading...