Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus‚ mens rea‚ and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer‚ Diana R. Grant‚ 2003) The relationship of the two must
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Police Discretion Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning‚ issue a ticket of violation or arrest an offender. Not all circumstances allow police to have discretion. According to a research by Carrington and Schulenber (2004)‚ various factors affect police discretion. These factors include the seriousness and the nature of the crime‚ prior contacts with the police‚ injury to
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Film and digital photography are both used for documenting crime scenes. It is part of the evidence collection process. Crime scenes should be recorded with a minimum of four photographs: an overview photograph‚ a medium-range photograph‚ a close-up photograph‚ and a close-up photograph with a scale. Special techniques and considerations are needed when photographing
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Criminal Justice Policy Process AJS/582 Public Policy Issues April 1‚ 2013 March 25‚ 2013 Abstract The criminal justice policy-making process is interesting to say the least. There are three levels of government branches which are Legislative‚ Executive‚ and Judicial. Looking into how the policy-making process works one finds that Federal and State has their hand in the process of making
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Police Discretion Police Discretion Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions‚ individual choice or judgment‚ power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is left up to each individual officer on the field everyday. Police officers are given the authority to make reasonable and responsible decisions out in the field. Discretion is used in many situations‚ such as when
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The American Criminal Justice Process is designed to keep people safe and ensure suspects and criminals are treated in such a way that follows the Constitution accordingly. The federal justice system carries out this process through a list of steps: Investigation: To first start off the process of criminal justice‚ a crime is reported and evidence is gathered from the crime scene to help investigators reconstruct and determine what exactly happened. They will also start to establish a list of possible
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The Meaning of Discretion By definition‚ discretion means freedom to act or judge on ones own. With this privilege‚ evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion‚ the power would be mainly in judges and government official’s hands. It would be their
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The criminal investigation process (‘the process’) is a complex and necessary aspect of the legal system that aims to gather and investigate evidence lawfully‚ justly and in accordance with the rights of victims‚ suspects and society. The responsibility for enforcing criminal laws and ensuring they are adhered to lies with the police. In the criminal investigation process‚ the role of police is to investigate crimes through gathering evidence‚ interrogating and detaining suspects‚ searching and seizing
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Steps in the criminal justice process are as follows: Crime-is described as any violation of the criminal law. Nevertheless‚ arrest-the physical taking into custody of a suspected law violator in which we see the person taken away in handcuffs. Nonetheless‚ initial appearance- this is when the accused is told of the charges‚ bail is set‚ and a date for the preliminary hearing is set. Consequently‚ bail- is when money or property is pledged as a form of guarantee that a released defendant will appear
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life‚ they have to be protecting from criminals and all other perpetrators by the government through its security agencies and the judicial system. However‚ to ensure that all the arrests made by the police force are legal‚ the suspect should be taken to court where the court has the sole responsibility of proving his or her innocence or guiltiness. The criminal process often begins with a stop or an arrest after a suspect is apprehended. The criminal process could end at any point up to the time
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