The first offence attracted a lengthier sentence than the second offence, in which his liability was accessorial rather than…
We have already gone over the exclusionary rules associated with unwarranted searches and seizures, now we need to look at warranted searches and seizures. The Fourth Amendment requires that no warrants be issued unless based on probable cause by a sworn Affirmation, this applies to all warrants whether they are for search or seizure. In order to understand the concept behind warrants, we must also understand probable cause. The Supreme Court has defined probable cause as more than mere suspicion. The facts an officer is acting upon must be enough to convince the average person that the suspect committed or is committing the offense being investigated. (Worrall, 2012) In the academy they stressed this as less than beyond a reasonable doubt, but more than a hunch; which leaves a large area in between.…
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense…
The criminal justice system has within it a set of rules, regulations and guidelines, known as criminal laws which are based on various sources, some dating back to England. Criminal law also has a purpose for which it was designed. Criminal laws have jurisdiction which keeps it structured and in order. Within criminal law are various offenses for which there must be standards of proof. Criminal law addresses liabilities as well, such as criminal liability and accomplice liability. In addition there are various types of offenses, one set of offenses known as inchoate offenses, which will be discussed and compared with other types of criminal offenses here.…
Criminal justice is a profession that is widely known around the world. Many people dream about pursuing a career in the law enforcement field. The law enforcement field like any other profession has its own terminology, to be effective as a police officer, lawyer, or detective a person must have a good general knowledge of the law enforcement field terminology. This paper will explain and define some law enforcement terms such as Pseudospeciation, social constructions, bigotry, racism, hegemony, disparity, and discrimination.…
Honestly, I have listened to David Foster Wallace’s speech prior to this assignment. But, was I truly listening the first time? I don’t think so, or rather it took time for me to discover the true intention of his presentation.…
The criminal justice Act (2003) is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and to a lesser extent in Scotland and Northern Ireland. It is also an act to make provision for criminal justice including the powers and duties of the police and dealing with the offenders to amend the law relating to jury service .This act includes extensions of powers to stop and search warrants to enter and search arrestable offences, bail, disclosure allocation of criminal offences, prosecution appeals, bad character evidence sentence and release on licence to mention a few. It also expands the circumstances in which defendants can be tried twice for the same offence (double jeopardy) when new and compelling evidence is introduced. However this has had an impact on the penal policy and practice.…
Someone can be affected by their surroundings, whether it is the community, they live in or peer pressure. In addition, someone’s genetics can have an influence on his or her behaviors. That person could suffer from a mental illness that causes irrational behaviors. There are also the individuals that just want to do it on their own free will (Schmalleger, 2011, p.…
Crime is a very fragile word that could be portrayed into many different understandings. The definition of a crime; According to "Dictionary.com" (2014), " is an action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state, and that is legally prohibited" (Noun 1.) Law means having a set of rules and regulations in which communities and society as a whole abide by. Crime can be understood as acting against those laws (rules) that have a punishment in return for those actions. There are two models that are most commonly used by society to determine whether certain acts…
A judge will take into account the guidelines set forth by the State’s Penal Code, as well as those brought forward by the defense attorney. An offender’s criminal history, involvement in the crime, and the circumstances surrounding the commission of the crime will all be considered in deciding whether to hand down a harsher or more lenient punishment. An offender who is considered a first-time offender may be granted leniency or a reduced sentence, but strong arguments can be made in favor and opposition of such a practice. Finally, punishment serves multiple purposes, for the victims of crime as well as the public, and the benefit for all involved should be considered. Ultimately, the judge will review all mitigating circumstances and deliver what he or she believes to be a fair sentence for each individual…
One of the greatest right’s we have in America is the right to be innocent until proven guilty in a court of law. It is ultimately the job of the prosecutor to prove to the people, the jury and to the court that the accused is in fact guilty of a crime. The accused either has his own or appointed attorney to present his various defenses to argue why he acted the way he did during the crime. According to Criminal Law Today, “A defense consists of evidence and arguments offered by a defendant and his or her attorneys to show why that person should not be held liable for a criminal charge” (Schmalleger 2010, pg. 114). This paper will discuss various forms of criminal defenses and how they are used in court.…
Physician assisted suicide is a dangerous and an immoral choice for a patient to choose. There are many reasons why physician assisted suicide is a bad idea. For example, mistakes are made by doctors, it is a violation of the hippocratic oath, and there are other options that patients can choose. Physician assisted suicide may feel like the only option for a patient but there are many other options that a patient can choose.…
death penalty. These factors make the defendant out to be a monster while the Mitigating…
Many children, regarding their talents, will participate in sporting events. Alayna is only 7 years old, and she has been playing softball for the past two years. Her coach was recently put into a predicament when Alayna’s team did not win the championship game this year. Her coach saw how hurt Alayna and her teammates were when they did not receive a trophy, so he and the other team’s coaches came up with the idea to give out participation trophies. Some parents were in favor of participation trophies, and others absolutely hated the idea. Many people have a strong opinion when it comes to participation trophies; in order for there to be peace for everyone, a compromise must take place.…
Mitigating circumstancescircumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.…