...loved one is facing criminal charges, a basic understanding of the justice system is essential to mount a proper defense. Not only will this aid your criminal lawyer in representing your case, but also dramatically increase your odds of avoiding a conviction. Below, Goshen, NY criminal lawyer Marc D. Orloff, Attorney At Law answers several criminal law FAQs. Criminal Law FAQs Do I Need a Criminal Lawyer? Consulting with a seasoned criminal lawyer is crucial when facing criminal charges. An attorney will assess the details of your case, offer valuable guidance and advice, file necessary paperwork, negotiate with the prosecution, and ensure you are treated fairly throughout the proceedings. When Should I Call a Criminal Lawyer? You should contact a criminal lawyer as soon as you are arrested, become aware you are under investigation, or suspect you have committed...
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...collar crimes vs. white collar crimes, the way in which the FBI reports and measures these crimes in their Uniformed Crime Reporting (UCR) system. The author further elucidates blue collar crimes and how their culture is more populated by the media. This paper also includes the variations of Index I and Index II crimes and the manner in which they are reported either as violent or property crimes under the UCR system, as well as, the sentence that accompany such crimes. The author concludes this paper with a basic understanding of these three fields and the importance of their role within our criminal justice system that together create a unified force to battle crime. Introduction To get a better understanding of how our criminal justice system operates, society needs to know the involvement and the many specialists that are needed to keep our communities safe as well as, get the criminals off the streets to prevent them from committing future crime. One should look at it like baking a cake and each ingredient is an important part of the recipe. 1st ingredient is the investigation, 2nd ingredient is solving the crime, 3rd ingredient is corrections for these offenses. Finally 4th ingredient is the icing on the cake, preventing criminal behavior and preventing crimes associated to this behavior from being committed. * Explain the differences between criminologists, criminalists, and forensic psychologists and their respective areas of study. ...
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...I. Justification of Punishment a. Theories of Punishment and Purpose of Criminal Law Sentencing i. Deterrence 1. Utilitarian concept, forward-looking, premise: humans will act in their own interest 2. Individual Deterrence: general public is protected 3. General Deterrence: helps to protect public at large, justified on grounds of 1) prevention of crime by threat of arrest, conviction, punishment 2) prevention of crime by strengthening of moral norms 3) prevention of crime by stimulating law-abiding contact based on the impulse to conform. 4. Criticisms: 1) ineffective in cases where criminal is motivated by emotional concerns 2) one person might be used as a means to an end in order to deter others and benefit society as a whole ii. Retribution 5. Premise: humans act under free will and must be punished when they choose to violate society’s norms, backward-looking 6. Based on proportionality of punishment: the evil done to the victim is paid back to the perpetrator iii. Rehabilitation/Reform 7. Criticisms: 1)allocating resources to those who least deserve them 2) remaking humans with what society deems is the best 3) assuming that humans can simply be reconditioned iv. Incapacitation 8. Renders def unable to cause further harm to society 9. Criticisms: 1) too costly 2) ineffective in reducing recidivism 3) further...
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...guidelines and even those can be different from the Federal sentencing guidelines. Sentencing Guidelines are rules that a judge is supposed to follow to determine sentences for individuals and organizations convicted of felonies and serious misdemeanors. These Guidelines do not apply to less serious misdemeanor crimes. The United States Sentencing Commission was created by the Sentencing Reform Act of 1984 and created these guidelines. In the beginning they were mandatory and very strict. People kept calling for longer, harsher sentences (Marvell 1995 p. 696). Congress enacted the Sentence Reform Act to satisfy...
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...Federal Prison Comparison Matrix Angel Kennedy CJS/255 March 7, 2016 Richard Gilbert Jail vs Prison Is there a difference between jail and prison, and if so, what factors separate the two? The belief each place is practically the same is a common misconception, however; there is one fundamental component in which governs the temporary or permanent placement of an offender. A jail’s and prison’s quality of food, facility resources, and availability of rehabilitative programs are all different, but; “the fundamental difference between jail and prison is the length of stay for inmates” (HG.org, 1995-2016) Jail and Its Place in Corrections The correctional mission of jails today is to use the combination of incarceration and rehabilitative methods to deter criminals from recommitting. Once officers have detained an offender, he or she is escorted to a local jail. Upon arrival, the criminal is taken into the "booking area" where he or she will undergo a process in which will determine placement: finger printing, photographing, stripping of personal property, examination, and bathing. If the criminal cannot make bond due to lack of funds or a bond was not given, the criminal will remain in custody until a trial is set, usually within the first twenty-four hours. According to BI, the average jail stay is twenty-three days, a sixty-four percent increase from fourteen days (2015). Rehabilitative programs are offered to those who have been sentenced to a year or more. The majority...
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...3 Учреждение образования «Брестский государственный университет имени А. С. Пушкина» Кафедра английского языка с методикой преподавания М. В. Гуль EDUCATIONAL SYSTEM. COURTS AND TRIALS СИСТЕМЫ ОБРАЗОВАНИЯ И ПРАВОСУДИЯ ВЕЛИКОБРИТАНИИ И США Практикум по английскому языку Для студентов 4-го курса гуманитарных и педагогических специальностей (специальность 1-21 06 01-01, современные иностранные языки специальность 1-02 03 06, иностранные языки (английский, немецкий)) БрГУ имени А. С. Пушкина Брест 2009 4 УДК 372.016 : 811.111(076) ББК 74.268.1(Англ)р Г94 Рецензенты: Кандидат филологических наук, доцент кафедры иностранных языков технических специальностей БГТУ Д. В. Новик Зав. кафедрой кафедрой иностранных языков второй специальности БрГУ имени А. С. Пушкина, доцент В. М. Иванова Практикум направлен на совершенствование навыков и развитие умений диалогической и монологической речи по темам: система образования, система правосудия Великобритании и США, а также на совершенствование письменной компетенции студентов. Каждый раздел содержит тематический словарь, ряд упражнений на закрепление лексики, достаточное количество текстов по теме, упражнения на повторение. Практикум предназначен для аудиторной и самостоятельной работы студентов 4-го курса, изучающих английский язык как основную специальность. 5 Educational System (the USA and the UK) Topical Vocabulary Nursery school, kindergarten, elementary school, high school (junior, senior), secondary school...
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...Crime, Corruption and Cover-ups in the Chicago Police Department Anti-Corruption Report Number 7 January 17, 2013 Authored by: John Hagedorn Bart Kmiecik Dick Simpson Thomas J. Gradel Melissa Mouritsen Zmuda David Sterrett With Ivana Savic Justin Escamilla Magdalena Waluszko Dalibor Jurisic Tricia Chebat Published by University of Illinois at Chicago Department of Political Science 1 The Chicago Police Department has a legacy of both heroism and corruption. On the one hand, the department’s officers risk their lives on a daily basis to enforce the law, protect the public and preserve the peace. On the other hand, Chicago has a checkered history of police scandals and an embarrassingly long list of police officers who have crossed the line to engage in brutality, corruption and criminal activity. An analysis of five decades of news reports reveals that since 1960, a total of 295 Chicago Police officers have been convicted of serious crimes, such as drug dealing, beatings of civilians, destroying evidence, protecting mobsters, theft and murder. Moreover, the listing of police convicted of crimes undoubtedly underestimates the problem of corruption in the Chicago Police Department (CPD). The list does not include undetected and unreported illegal activity, serious misconduct resulting in internal disciplinary action, and officers who retire rather than face charges. Our analysis of police corruption in Chicago yields four major findings. First, corruption has long persisted...
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...Running head: FIREARMS IN AMERICA Firearms in America Joyce W. Davis Oklahoma Wesleyan University Abstract The prevalence of guns in the United States and the frequency with which they are commit crimes has made gun control a much discussed and contentious issue. There are an estimated 200 to 250 million firearms in America, and of these, about a third are handguns. According to health researcher, Etienne Krug the homicide rate in the United States is six times higher than that of other developed nations. Though it varies from year to year, according to the FBI, in general guns are in about 70 percent of homicides. In 2000, for example, 52 percent of homicides were committed with handguns, and 19 percent were committed with other guns. The simple fact is that murder and other crimes committed with firearms occur more frequently, where gun control laws are least stringent. Firearms in America There is probably never a time in America history when guns were less popular in the culture. People fed up. Half the households in America are armed. Thirty-eight thousand Americas die from gunshots every year. A recent survey Yankelovich Partners found that 70 percent of Americans favor stricter gun-control laws. Yet, even in the face of lifelong anti-handgun convictions, more women than ever seem to be taking up guns. The Gainesville murder, the Los Angeles riots, the Florida Tourist killings, the California kidnapping and murder of 12-year-old Polly Klaas—every time...
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...THE EMPLOYER AND THE EX-OFFENDER: THE DISCRIMINATORY EFFECTS OF CRIMINAL BACKGROUND CHECKS TABLE OF CONTENTS I. INTRODUCTION………………………………………………………………………… 3 II. OFFENDER AND EX OFFENDER HISTORY IN THE UNITED STATES………….. 5 A. LEGAL HISTORY OF EMPLOYMENT DISCRIMINATION AGAINST EX OFFENDERS ……… 5 B. THE NUMBER OF EX OFFENDERS IS RAPIDLY INCREASING .............................................................................8 C. IMPACT OF CONVICTION ON EMPLOYABILITY OF EX OFFENDERS ................................................................. 10 III. CRIMINAL BACKGROUND CHECKS AID IN THE DISPROPORTIONATE EXCLUSION OF MINORITIES ………………………………………………………………………………… 13 A. EMPLOYERS ARE PREJUDICED UPON FINDING CRIMINAL CONVICTIONS .................................................. 13 B. BLACKS AND LATINOS ARE EXCLUDED FROM THE WORK FORCE DUE TO STIGMAS OF MINORITY STATUS AND CRIMINAL RECORD ....................................................................................................................... 15 IV. HEIGHTENED SCRUTINY TURNS ON EMPLOYER HIRING PRACTICES INFLUENCED BY CRIMINAL BACKGROUND CHECKS………………………………………………………………………………………… 18 A. THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ATTEMPTS TO PROVIDE MUCH NEEDED GUIDANCE ON CONDUCTING CRIMINAL BACKGROUND CHECKS AND SUBSEQUENT HIRING PRACTICES ..................................................................................................................... 18 B. NOTABLE LEGAL ACTION STEMMING...
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...(Cole 5) Some feel no matter the crime, the rich and famous will find a way to settle out of court, pay off witnesses or just erase some or all charges against them. Celebrities get the best lawyers and the best chance at justice that money can buy”. (“Times”) There are many court cases that lead people to believe the justice system is unfair. Celebrities, in the eyes of the public, receive less time than the average American citizen for the same crime. Furthermore, celebrities also receive more publicity than the average American citizen. Why do celebrities receive more camera time and less punishment time? However, our judicial system claims that all men are equal in the court of law. For example, in the court case of Marcus Dixon, a high school football player at Pepperell High School in Floyd County, Georgia, the state Supreme Court sentenced Dixon to ten years in prison. He was a black athlete accused of sexually assaulting a 15-year-old white girl in a small Georgia town. In addition, many believe that the justice system is not equal because of the outcomes of celebrity court cases. Some may disagree with the fact that celebrities get special treatment in the courtroom, but their court cases seem to prove contrary. Celebrities in America are able to get any and everything that money can buy. Hence, wherever they go they get...
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...| The Massachusetts Trial Court | We’re Not Quite Done Yet | | | | Marissa Pina | May 11, 2015 | | Table of Contents The Massachusetts Court System: Massachusetts Trial Court 2 Functions of the Human Resources Department 6 The Massachusetts Trial Court Human Resources Department 8 My Role within the Human Resources Department 9 Old Practices 10 Turning Point 13 The New Hiring Process 14 We’re Not Done Yet! 18 Review of Kotter’s 8 step Model 22 Human Capital, the most Important Asset of an Organization 25 My Hopes 26 The Massachusetts Court System Massachusetts Trial Court Focus The Massachusetts Court System consists of the Supreme Judicial Court, the Appeals Court, and the Executive Office of the Trial Court, the 7 Trial Court Departments, the Office of the Commissioner of Probation, and the Office of the Jury Commissioner. For the purpose of this paper I will be discussing my place of work which is the Massachusetts Trial Court consisting of: Executive Office of the Trial Court, the 7 Trial Court Departments (Boston Municipal Court, District Court, Juvenile Court, Superior Court, Housing Court, Land Court, and Probate and Family Court), Office of the Commissioner of Probation (OCP), and the Office of Jury Commissioner. Exhibit 1 Massachusetts Trial Court is committed to fair and impartial administration of justice; protection...
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...Part 1 Study of the Law in General Chapter 1 LEARNING OBJECTIVES After reading this chapter, the learner should be able to: 1. Differentiate between public and private law. 2. Compare and contrast contract and tort law. 3. Compose a scenario that illustrates the difference between the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental...
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...COPYRIGHT INFRINGEMENT. Copyright infringement is the use of work under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office. An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include: The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it. The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the screenplay...
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...* LEGL 200 * Course Outline Chapter 1: Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ...
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...Principles of Measurement Mosso member of the FASB FASB’s Conceptual Framework project over the period 1973-1985 Define measurement Measurement is the assignment of numerals and other symbols to represent the magnitude of an attribute of a phenomenon Phenomenon A thing or event of interest E.g. a table, a performance, an exam Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities...
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