Drug Courts came about as a result of a backlogged court system and a steady‚ rapidly increasing prison population. Drug courts are a form of diversion that helps the offender through rehabilitation and the community through an increased sense of protection‚ which serves the best interest of everyone. Drug Courts are community based intermediate sanctions that incorporate treatment principles into the Criminal Justice System and divert drug offenders from traditional punishments of probation and
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We all must obey them‚ but why? For fear of going to jail‚ or being fined? Those are the individual effects of civil disobedience‚ but what happens what is the purpose of law in society? Thomas Hobbes‚ John Locke‚ and Jean-Jacques Rousseau all attempted to interpret the need for laws in society‚ in order to maintain the good of the whole and the individual. Each of their examination of the need for laws in society arose from the individual ’s departure from the "state of nature" to community living
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fundamental principle which is guaranteed by the constitution that every person is innocent until proven to be guilty by the courts of law‚ in criminal law there are two principles of criminal liability which have to be relied upon in order to determine the guilt or innocence of the accused person. Therefore the aim of this essay is to discuss the two principles of law for criminal liability with reference to the Penal Code Act‚ Chapter Eighty Seven (87) of the Laws of Zambia and Zambian decided cases
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1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting an appropriate definition. Mens Rea is concerned with the
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Court System Court System The United States Constitution is the uppermost law of our country and creates the federal system of government where federal and state governments distribute power. “The Constitution gives specific powers to the federal (national) government. All power not delegated to the federal government remains with the states. Each of the fifty states has its own state constitution and governmental structure” ("Federal Judicial Center"‚ 2011). The United States Court system
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Magistrates’ courts All criminal cases start in a magistrates’ court. Cases are heard by either 2 or 3 magistrates and a district judge There isn’t a jury in a magistrates’ court. A magistrates’ court normally handles cases known as ‘summary offences’‚ eg: most motoring offences minor criminal damage being drunk and disorderly It can also deal with some of the more serious offences‚ eg: burglary drugs offences These are called ‘either way’ offences and can be heard either in a magistrates’ court or a Crown
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results in the assaulter’s death. On the other hand it is considered a crime if you kill someone out of anger. To decide on what is or is not a crime there are two common models of how society determines which acts are criminal. The consensus model deals with how the majority of people within a society have the same beliefs and value as to what is right and wrong‚ such as the right to bare arms or freedom of speech. The conflict model deals with an economic or political
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serve on the jury and will consider the recommendation of the jury in a bench trial. The judge selects what evidence may be shown at trial and what evidence will be reserved for the appeals court. Points earned on this question: 5 Question 2 (Worth 5 points) During a jury trial‚ each side in a criminal or civil case will present evidence to support their position the prosecution presents evidence supporting the innocence of a defendant respondents bring suit against individuals or groups
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Running head: KOHLBERG ’S STAGES OF MORAL DEVELOPMET 1 Kohlberg ’s Stages of Moral Development into the Justice System Yvonne Constantine Strayer University Ethics and Leadership in Criminal Justice Professor Pionke November 18‚ 2012 KOHLBERG ’S STAGES OF MORAL DEVELOPMET 2 Kohlberg ’s Stages of Moral Development into the Justice System Justice is a concept of moral rightness based on ethics. Justice is fairness‚ and implemented in an attempt to protect society from the wrongs committed
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Court History and Purpose Court History and Purpose Within the United States‚ the court system is the last stop in our judiciary system because it renders decision that can and will affect the lives of the citizens. This article will explain the role of the court and its purpose‚ identify the dual court system‚ illustrate the role that early legal codes‚ the common law‚ and precedent played in the development of courts‚ and also recognize the role of courts in criminal justice today. What is
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