631 Search Results for Constitutional Protections in American Criminal
This essay discusses how the criminal justice system is an important part of the government, allowing for the prosecution, imprisonment, and rehabilitation of criminals. Apart from the court system and police, the criminal justice system has other co 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 Theory, Procedure, And Constitutional Protections
What is Criminal Law?
Criminal law is the branch of the legal system that pertains to enforcing penal rules, laws, regulation, and codes that define conduct that is deemed by society to war 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...
The defendant is presented with a written accusation dealing the facts of the crime and his or her involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor or a police officer. If the defendant enters a not gui 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...
Criminal Justice:
On September 18 at around 2:30 PM, the victim, a famous citizen in the community was assaulted and robbed of his wallet by the defendant on his way home. The victim was not only assaulted but he was also pushed against his car and 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...
Constitutional Violations
Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evid Continue Reading...
Criminal Justice
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain 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...
To the extent that crime is a function of larger social issues, it is unrealistic to expect those underlying social problems to be rectified by law enforcement efforts. Even with respect to specific incidence of criminal behavior, law enforcement au 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...
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
Patterns in juvenile delinquency also vary throughout the world, as do the way countries define "delinquency" among juveniles. The Japanese according to Platt (2005) ha Continue Reading...
Appeals
If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.
Although there are is no constitutional right to appeal convic Continue Reading...
Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend Continue Reading...
Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) Search Incident to Lawful Arrest Continue Reading...
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances Continue Reading...
Criminal Justice System: Criminal Cases and Civil Cases
Civil and Criminal Liability
Civil cases are private disputes arising between individuals following violations of legal responsibilities owed to each other. Criminal cases, on the other hand, Continue Reading...
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already t 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...
The legalistic method of policing also provides laws and mandates that provide not only officers but citizens the ability to enforce social order. A citizen's arrest allows a citizen who has witnessed a crime to arrest the suspect even if an office Continue Reading...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...
Criminal justice system normally refers to the compilation of the prevailing federal; state accompanied by the local public agencies those pacts with the crime problem. These corresponding agencies procedure suspects, defendants accompanied by the co Continue Reading...
Criminal Law Foundations Evaluation
Criminal Law Foundations Paper
Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of Continue Reading...
Criminal Justice System
The fourth amendment to the United States constitution is a constituent of the Bill of Rights which prohibits unreasonable seizures and searches and requires that any warrant presented has t be sanctioned and supported by a r Continue Reading...
Both the U.S. Senate and the U.S. Congress are slowly coming to the realization that they will have to address this issue which the Bush administration left behind to muddy the waters of citizen privacy rights in combination with the cases that are Continue Reading...
Criminal Justice: The Death Penalty
Reasons for topic selection
Causes of racial prejudice and discrimination
Juvenile in delinquent society theory
Culture and values
Official and unofficial values
The effectiveness of the death penalty
The de 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...
However, the courts did find that police officers at any time may be forced to appear in a lineup, although this constituted a seizure of the officer's physical person.
Explain how the free exercise of religion can pose problems for criminal justic Continue Reading...
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all
50 states.
One could argue that certain areas of search and seizure laws Continue Reading...
The proposal must first be promoted to a sympathetic Representative in the House who has sufficient power and support in Congress.
This representative will introduce the bill while the House is in Session. The bill will then be assigned a number at Continue Reading...
Criminal Proceedings -- Probable Cause
The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an Continue Reading...
Criminal Defense Homicide Case
Fourth Amendment Searches and Seizures in Contemporary America
The conviction of a client charged with murder is threatened by evidence the prosecution holds. There are indications that this evidence was obtained unco Continue Reading...
The major participants in the Cuban Missile Crisis were in many ways driven by intelligence information to make the decisions upon which the crisis centered. The Soviet Union and its puppet nation Cuba relied on the heavy detail they received from Continue Reading...
Criminal Law
Edwards v. South Carolina, 372 U.S. 229 (1963)
Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when 187 people peacefully marched upon the state capital of South Carolina to voice their p Continue Reading...
Baker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on Black defendants and thus serves the extra-legal function of preserving majority group interests. He viewed d Continue Reading...
Gun owners should be forced to lock their guns in order to limit the access of kids to them, instead of limiting the gun ownership drastically.
Another argument in favor of bearing arms is that this is a right granted by the Second Amendment, which Continue Reading...
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poo Continue Reading...
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are Continue Reading...