...to maintain goals and balance our policies when it comes to criminal sentencing. Although the Eighth Amendment guarantees proportionality in noncapital criminal sentencing, federal and state courts have struggled when deciding individual cases, and the Supreme Court has failed to articulate legal rules that could promote the development of a coherent jurisprudence ( Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment (Victor L. Streib, 2004). The Court looked at the relatively few states that allowed the death penalty...
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...Abstract In the Bill of Rights, the Sixth Amendment gives United States citizens many rights, but one right given in the Sixth Amendment is the right to a speedy trial. A speedy trial means that the defendant has to be tried for the crimes the defendant was accused of doing in a reasonable amount of time after the defendant’s arrest. There are four circumstances when trying to find out if the case is following the speedy trial right: length of delay, the reason for the delay, the defendant’s affirmation of his right, and the prejudice to the defendant. The purpose of speedy trial is to set a certain limit on each case based on its complexity and seriousness. The Sixth Amendment: The Right to a Speedy Trial In the Bill of Rights, the Sixth Amendment is “In all criminal prosecutions, the incriminated has the right to a speedy and public trial, by an impartial jury of the State and district where the crime was committed in, which district shall have been previously confirmed by law, and to be informed of the nature and cause of the incrimination; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Alschuler, Jury: Legal Aspects)” One right that this amendment gives every United States citizen, is the right to a speedy trial. This means that the defendant has to be tried for the stated crimes he was accused of doing within a reasonable amount of time after...
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...Court Issues Analysis Introduction Some courthouse issues that are taking place in this day and may be around in the future are due process and the crime control model, violence in the courthouse, language interpretation, and the dilemma of delay. Some other courthouse issues include should the exclusionary rule be banned, and does plea bargaining belong. Courts and their Administrators’ Current and Future Issues Due process is a citizen’s right to justice same as when a person is presumed innocent, which protects the accused rights. With due process, each court case must involve formal fact finding(s) to uncover mistakes that were made by police and/or prosecutors. The crime control model is a breakdown of a person responsibility and defendants are presumed guilty. There are two types of courthouse violence. One of them is non-targeted violence, which involves an individual who does not have any intention that he/she will act out and become violent. When this person act is this type of manner it is most likely because the outcome of the court case, that is when anger take over. The most violent incidents came from this type of courthouse violence. Targeted violence involves someone who intend on causing harm or starting something in the courthouse. This type of violence is obviously premeditated and the attacker normally tries to avoid any other confrontations because they want everything to go as planned and unnoticed. In order to make security better in courthouses...
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...filed and with the help of citizens who will then be known as the grand jury. The grand jury then must decide on what charge should be given to the defendant .Criminal cases has many consequences for the defendant. These consequences are: * Violation (strike one) it ranges up to about 13 days in jail. * Misdemeanors (strike two) are punishable up to a maximum of 1 year in jail. * Felony (strike 3) is punishable by any state prison sentence of more than just 1 year. The Fourth Amendment “The right of the people to be secure in their person, house, papers, and effects, against unreasonable search and seizure, shall not be violated, and no warrant’s shall issue, but upon probable cause, supported, by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.” Missouri v McNeely (2013) On January 9, 2013, the Supreme Court heard oral arguments in Missouri v McNeely. The question in this case is whether the fourth amendment “exigent circumstances” doctrine permits a law enforcement officer to take a warrantless non–consensual blood sample of natural dissipation of alcohol in the blood stream. The police officer did have a warrant. Missouri Supreme Court was correct when it ruled that this was an infringement of the fourth amendment which protects individuals from warrantless searches. In the United States, our legal system weighs every individual‘s constitutional...
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...Courtroom Participants’ Professional Standards Name CJA 224 Date Professor When entering a courtroom the main common goal is to have a guilty or not guilty verdict. While being in the courtroom you can come across some participant that are in misconduct, which can have a serious consequence. Courtroom misconduct can go any where from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical standards of law practice. Hiding, destroying or tampering with evidence, can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics...
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...There are three amendments to the United States Constitution that are directly related to police and the American people. The Fourth, Fifth, and Sixth Amendments cover probable cause, exclusionary rule, arrests, search and seizure, electronic surveillance and lineups; confessions, interrogation, and entrapment; and the right to counsel and interrogation respectively (Peak, 2012). The goal of the Fourth Amendment is to protect the people from the police illegally performing searches and giving the court system and other agencies the power to protect an individual’s rights and privacy. The Fifth Amendment is most known for giving the people the power to avoid self-incrimination and protecting ones right to remain silent in accordance to the Miranda rights. The Sixth Amendment gives the people the right to counsel during interrogation and at trial whether they can afford the attorney or not they are entitled to representation. With the Amendments in mind and the rights of individuals protected some may argue that the work police can do is limited but with the safeguards in place for not only protecting those suspected of criminal activity the laws and policies protect the police as well. When my nephew was 15 he and a friend were shooting at cans with a bb gun and got the not so bright idea to shoot an aerosol can of hairspray the can exploded and shrapnel cut my nephew’s best friend very badly. When the boys got to the emergency room the hospital called the police because...
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...Despite the concerted efforts of Patrick Henry and all of the rest of the Anti-Federalists, James Madison had succeeded in sponsoring the Bill of Rights and preventing the nation from suffering the consequences of a second constitutional convention. The first two amendments put forward by Congress fell short of ratification and were discarded. Thus, we have a Bill of Rights with 10 amendments. Over the more than 225 years since ratification, the Bill of Rights has assumed greater and greater importance. Originally the Bill of Rights was mostly intended to limit the powers of the new government, however, since then it has become fundamental in securing the rights of citizens against the state and the government. Eventually the Fourth through...
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...exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." (Zalman, 2008, p. 386). The Miranda decision allows an individual his or her Fifth Amendment rights which are the rights of self-incrimination and the Sixth Amendment the right to an attorney. The Miranda decision impacted the criminal justice system because officers could no longer use cruel and unlawful tactics to retrieve a confession. But, overall it just allows the suspect to plead the Fifth with the right to remain silent, and have an attorney present. It does not change the fact the individual will still face charges of the crime the officers will either retrieve a confession or the evidence to convict. I do agree with the Supreme Court holding in Miranda v. Arizona because the tactics sometimes used by officers to make a suspect admit guilt is morally and ethically incorrect. There are some people who are actually innocent but after sitting in a room being pressured and confused about what is really going on I can see that some will admit to guilt just to be done but not understanding the consequences. I believe that police do obey the law and read a suspect their Miranda Rights but that they still have their own ways of manipulating a confession such as the “line-up” description reviewed in our chapter reading. Reference Zalman, M. (2008). Criminal procedure: Constitution...
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...Abstract The first, fourth, fifth, sixth, and fourteenth amendments to the United States Constitution are vital to the citizens of the United States safety and freedoms. These amendments affect the administration of justice and security in different ways we will discuss this relationship and how each are affected. Every division of law enforcement faces challenges, maintains certain objectives to serve, and protect the public. This paper will discuss the roles of the federal, state, and local court systems to public safety and civil rights. Before closing, we will discuss the objectives of juvenile justice, the role of private security organizations with respect to both corporate, and public protection, along with recommendations for solutions to the challenges faced by the criminal justice system, and private security organizations. The Bill of Rights The Bill of Rights are important to every member of society to ensure their rights are protected and justice is serve for all parties involved in civil and criminal cases heard within the courts system of the United States. Victims and offenders have certain rights during the course of a trial and all members of the court and law enforcement must follow special guidelines mandated by the Constitution when pursuing any case under the law. Each Amendment of the Constitution is equally important however, this paper will only explain the first, fourth, fifth, sixth, and fourteenth amendments as they pertain to the criminal justice...
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...One of the largest problems and questions faced around the world is terrorism and how should it be approached. Some Americans think that anyone affiliated with terrorism, or looks like they could be, should be detained immediately with no questions asked because they could potentially be trying to conduct an attack on the U.S.; however, any U.S. citizen should be allowed a trial on any crime they are convicted for. The government should not be allowed to detain suspected terrorists without trial because it is against the constitution, the person could be falsely accused, and they are only suspected, not proven terrorists. All U.S. citizens, to be found terrorists or not, are protected under the constitution. The sixth amendment of the constitution,...
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...A Code of Ethics Nathan Johnson CRJ306 : Criminal Law & Procedure Instructor: Justin Lawrence July 09, 2015 A Code of Ethics A base principle of a functioning society is the existence of a code of ethics. The ethics within a community govern the appropriate actions and values for its members. The correct conduct is conformity to the supported ethical behavior chosen by the leaders of the populace. Without the rules for acceptable behavior, a community becomes susceptible to harsh conditions and mayhem. The laws of ethics are responsible for the founding of the criminal justice system. It is noting the difference between right and wrong, and enforcing the behaviors deemed acceptable, while penalizing those that are offensive. Ethics within the criminal justice system allows societies to finely draw and define the line between good and evil, for the best of the community. Ethics aid tin the application of the criminal justice process. It provides guidance through the criminal procedure in accordance with societal norms. It is more than just the relationship between a community and their law enforcement, because in actuality it defines the morality of intentions, along with a just punishment for violators. Though ethics are a tool used by the criminal justice system to keep order, they are also what control the interactions between a community and its law enforcement. When societal ethics and these interactional ethics are mutually agreed upon, this makes way for cooperative...
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...own decision on whether or not cameras should be allowed into the courtroom. The media has been reporting trials for decades by the use of newspapers and or radio. But in 1935 television broadcasted one of the first trials which they called “The Trial of the Century”. The trial that I am speaking about is the Lindbergh baby trial, it was a highly publicized trial that may have started the debated on whether or not cameras should be allowed into the courtrooms. From the day the trial started hundreds of reporters would flack to the court house in the town of Flemington, New Jersey. The media had gotten so out of control that judge Trenchard had to ban the use of all typewriters within the courthouse which eventually led to “one of the consequences of the 1935 Lindbergh baby kidnapping trial was that the cameras were banned in all federal and most state courts” (Constitutional Rights Foundation, 2011). But in the 1970s, media coverage began in state courts only; they were only allowed to have access to civil and criminal cases under special conditions that...
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...Chummere Yarbro February 14, 2013 HSI-170 A month in a half after 9/11 terrorist attack on the United States, the USA Patriot Act passed Congress, it's also known as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or more simply, the Patriot Act. The Patriot Act was created with the noble intention of finding and prosecuting international terrorists operating on American soil; however, the unfortunate consequences of the Act have been drastic. Many of the Patriot Act’s provisions are in clear violation of the U.S constitution, and that’s why I am against the USA Patriot Act. The Patriot Act basically gives almost unlimited anti- privacy powers to domestic law enforcement and international intelligence agencies. Privacy Invasions are one of the down falls of the Patriot Act. USAPA II dramatically widens the powers of government to invade the privacy of Americans and others living here. This includes, broad new authority to compel information from ISPs, friends, relatives, businesses and others, all without informing you. Immunity for businesses that voluntarily turn over your information to law enforcement. Extra punishment for use of cryptography no connection to terrorism needed. Instant police access to your credit reports upon certification that they are sought "in connection with their duties", again with no connection to terrorism needed. Relaxed requirement of specificity for warrants for multi-use...
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...or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE CRIME A. Background – During the 1960’s courts around the country were deliberating multiple issues regarding overzealous law enforcement tactics seeking confessions from detainees. Prior to this case, in 1964, the U.S. Supreme Court held in Escobedo v. Illinois, 378 U.S. 478 (1964), that the Sixth Amendment prohibits the admission at trial of confession obtained during police...
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...Criminal Procedure Policy Paper Devone Calloway University of Phoenix Criminal Procedure Policy Paper “A due process model is a type of criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For...
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