If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. The Miranda rights are very clear and they are for the purpose of protecting a client or defendant from making self-incriminating statements to law Continue Reading...
Defendants and Victims A crime resulting in the death or severe injury to the victim can have a profound impact on a spouse, children, co-workers, Christian brothers and sisters, and the community. Some contend that the focus is too often on the tro Continue Reading...
Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of way 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...
This means that high-profile cases that successfully use the insanity defense will likely generate criticism of the plea, even in those instances where its application was justified. In this regard, Cromier reports that, "The details of the insanity Continue Reading...
Defendants and Characteristics of Victims The criminal justice system has a seemingly impossible task: balancing the rights of the accused with the rights of victims. Further complicating this delicate balance is the demand to recognize the potenti Continue Reading...
difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more apparent than in a situation where one obtains privileged informatio Continue Reading...
People of the State of California v. Conrad Robert Murray The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows Continue Reading...
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result Continue Reading...
Peace Officer Trainee Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant. criminal just Continue Reading...
Plea Bargain The objective of this study is to answer as to whether justice is served when a defendant is allowed to plea-bargain his or her case in court and why. This process is such that the prosecutor enables the defendant to plead guilty to a c Continue Reading...
Sentencing Arguments For the charge of homicide, the defendant was found guilty. There was no indication of whether the charges were for first or second degree homicide, but in this case we decided that given the heinous nature of the crime and the Continue Reading...
Victim Advocate Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim a 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...
The true source of drama, then, is in the accounts of the genuine events, or fictionalized versions of true events. The Nuremberg war crime trials presented many thorny jurisprudential issues, such as the problem of ex post facto criminal law and t Continue Reading...
In an environment where violent crimes outweigh white-collar crimes, the prosecutor will allocate his resources to fighting violent crimes. Resource availability thus determines how many cases will be pursued by the prosecutor's office. The prosecut Continue Reading...
IV. Justice Sutherland's Argument (1932) Justice Sutherland argued that the defendants in the Scottsboro Boys trial were only youth and were illiterate and uneducated. The sole inquiry, according to Sutherland "is whether the Federal Constitution Continue Reading...
The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal Continue Reading...
S. Constitution. Notwithstanding the defendant's claim that the money orders were not his, the DEA and other federally authorized airport security seized the briefcase because they had probably cause to do so. One federal statute 31 U.S.C. § 532 Continue Reading...
bias against minorities in death penalty sentences. The writer uses a research approach to analyze this hypothesis. One of the things the writer does is critique literature that has already been published about the topic. At that point the writer di Continue Reading...
Computer Fraud and Abuse Act was enacted into law in 1986 to deal with the hacking of computer systems operated by the American government and certain financial institutions. Through its enactment, the legislation made it a federal offense to access Continue Reading...
United States of America, Plaintiff -- Appellee, Ann W. McRee, Joseph H. Hale, Defendants -- Appellee. United States Court of Appeals, Eleventh Circuit. Parties: United States of America (Plaintiff) v. McRee & Hale (Defendants) Facts: On Fe Continue Reading...
Death Penalty Abolishment On June 24th 2004 the Supreme Court of the State of New York determined that the state's jury instructions regarding the death penalty was unconstitutional; effectively abolishing the death penalty in New York. The specific Continue Reading...
Juvenile Courts and Adult Court Overview of Juvenile Justice System According to the Office of Justice Programs, the Juvenile Justice System has "undergone significant modifications during the last 30 years." (2013, p.1) The first U.S. juvenile co Continue Reading...
A misdemeanor is punishable up to a year in a country jail (Cooley). In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or s Continue Reading...
Supreme Court vs. The First Amendment: Schenck v. United States, 249 U.S. 47 (1919) While at war with Germany during World War I, the United States Congress passed the Espionage Act, outlawing any attempt to foster insubordination or obstruct the Continue Reading...
Niehaus, Joseph. (2000). Investigative Forensic Hypnosis. New York: CRC Press. 178 pgs. This heavily-researched book by Joseph Niehaus explores a number of areas related to the use of hypnosis in the courtroom. Although hypnosis has come under mu Continue Reading...
victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Continue Reading...
Murder Kentucky defines murder as "a capital offense" that occurs when a person "with intent to cause the death of another person" does so. Thus, accidental deaths may not be categorized as murder. Also, in this state, if a person kills someone "un Continue Reading...
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that Continue Reading...
But the resulting law was too broad, ensnaring legitimate research activities. It showed that the DMCA had become a go-to strategy for companies facing embarrassing revelations about their products." This critique centers around the idea that resear Continue Reading...
DNA Exonerations: John Kogut The Path To Exoneration: John Kogut The Path to Conviction When 16-year-old Teresa Fusco left work at 9:45 PM on November 10, 1984 she became one among several young girls reported missing over the past several years [ Continue Reading...
Joe Lee Simmons Statement of Facts The client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, Continue Reading...
Competency to Stand Trial DRAWING THE LINE At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads gu Continue Reading...
What was particularly ironic was that soccer had always been a game for whites only: blacks were specifically not included. Of course, the movie had a happy ending when South Africa won the World Cup. But the World Cup didn't completely change Sout Continue Reading...
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an Continue Reading...
Prosecutors consider several factors. For effective prosecution to take place there should be the required selected readings, methodology and analysis of the findings of the case (Siegel 2012). A standard case set is also crucial since it is a tool Continue Reading...
