...Code, 1860 141. Unlawful assembly.-- An assembly of five or more persons is designated an" unlawful assembly", if the common object of the persons composing that assembly is- First.- To overawe by criminal force, or show of criminal force, 10[ the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.- To resist the execution of any law, or of any legal process; or Third.- To commit any mischief or criminal trespass, or other offence; or Fourth.- By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Central Government Act Section 447 in The Indian Penal Code, 1860 447. Punishment for criminal trespass.-- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Central Government...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...Supreme Court of the United States, In the case of the Supreme Court of the United States, Michael D. Crawford v. Washington. Michael Crawford was tried for assault and attempted murder for stabbing a man who was named, Kenneth Lee. Crawford stabbed Lee at his apartment on on August 5,1999. Police arrested petitioner later that night. Crawford claimed he had acted in self-defense when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him. Michael Crawford contended that Lee had attempted to rape his wife, Sylvia. The police arrested him for the stabbing, and after giving both Michael and his wife, Sylvia, Miranda warnings, they interrogated both husband and wife twice. The statement Michael challenged under the Confrontation Clause came from a tape recorded interrogation of Sylvia. In her second interrogation, she gave a version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described by...
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...MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant was charged with four charges of voluntarily causing grievous hurt, criminal trespass, mischief and public nuisance. Before the commencement of the trial, the prosecution successfully applied for him to be discharged in order to enable him to complete a course of treatment at a drug rehabilitation centre, such discharge not amounting to an acquittal. On appeal, the appellant contended that the discharge ought to amount to an acquittal and in the alternative asked that the matter be reinstated and disposed of expeditiously on the grounds that it was unjust that he should be left under indefinite apprehension of the recommencement of these criminal proceedings. Held, dismissing the appeal: (1) When the public prosecutor decides to inform the court that he will not further prosecute a defendant upon a charge, he does so in the exercise of the discretionary power vested in him by art 35(8) of the Constitution and s 336(1) of the Criminal Procedure Code (Cap 68)('the CPC'). There can be...
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...Is the U.S. Criminal Justice System a true system? William H. Watson IV University of Maryland University College Is the U.S. Criminal Justice System a true system? The criminal justice system in the United States (U.S.) is not a true system; or at least not a true functioning system. A true system is a fine tuned process, where all participants involved work towards a common goal. Every transition in a true system, is a smooth change, where no participants in the system will do anything to jeopardize the proper functionality of the next process in that system. This is not the case of the U.S. criminal justice system. The U.S. criminal justice system is comprised of numerous individuals, groups, organizations, and agencies funded by both government and non-government sources. Because, the U.S. criminal justice system is funded from different entities, there are several different agendas being carried out. There are three major components to the administration of the U.S. criminal justice system: the police, the courts, and corrections. In a perfect criminal justice system the police would arrest violators of the law, the courts would prosecute all law violators, and corrections would punish and rehabilitate violators, to integrate them back into society. While this is the formula the U.S. criminal justice system governs itself by, reality shows us that this quite often this is not the case. Only ten percent of court cases ever go to trial, with almost...
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...Civil Procedure v. Criminal Procedure ENC 1102 34 Week 11 Individual Work Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different. Firstly, civil procedure requires that a civil case must begin by filing a complaint. The complaint is then, served to the offending party. Once the defending party receives the complaint, they then drafts and files an answer with the court. A party in a civil case can be anyone including people, businesses, and government personnel. When the parties go in front of the court in a civil case, it is to determine whether a person was injured and if they were injured, how much should be compensated for that injury. All of this information pertaining to the civil case is specifically drafted into the court documents (American Bar, 2012). Civil cases, also, have some Constitutional protection in place. For example, the parties involved in a case must file and receive consent of the...
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...primary purpose is to review and report in the ever expanding study in criminal justice organizational behavior areas in the workforce. This discussion focuses on the forces of change and the approaches to managing organizational change in criminal justice agencies, including identifying observable aspects of organizational cultures (Robbins & Judge, 2013). What social, political, and organizational behavior can influence change in criminal justice agencies? The criminal justice field is an ever evolving field. As today’s technology changes so does the way the criminal justice field interacts with that technology. As our society changes the technology that we use will also be altered to fit the situation. The barriers that come along can affect how the criminal justice field interprets what to do next. The basis of the criminal justice system is to protect and serve the community as a whole. Keeping up with the changes in society in our social, political, and organizational behavior is a vital part of our criminal justice system. There will be fewer barriers as it relates to females in the criminal justice field as well as minorities in particular roles in the different departments because of the social, organizational, and political behavior changes in the criminal justice system and these barriers are being torn down consistently. Statistically there will be more women and minorities in the criminal justice field by the year 2020 than white males (Schmallager, F., 2011)....
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...Verbal communication consists of written and spoken information. In the criminal justice setting, information is passed on through reports, memoranda, and directives. Non-verbal communication ensures the speaker to communicate what he or she is saying to the reader with a certain tone and body language; which depicts what the speaker is attempting to say. Within the criminal justice system, convictions, arrests and punishment can be assured through the proper body language of an officer when communicating to the judge or district attorney. The channel of communication is brought forth in the criminal justice agencies through formal and informal communication. Upon following the chain of command; which includes policies and procedures is part of the formal communication. These procedures are considered to channel from the top of the agency to the downward structure of the agency. For instance the chief of police many dictate a new police to the officers which needs to be instituted. The downward communication happens within officers’ instituting the policy via their practice as actual officers. Officers replying back to the agency whether it is by memoranda, reports, departmental meetings, suggest systems, and exit interviews are considered within the upward communication process. Horizontal communication occurs between officers as they discuss entry-level information concerning policies and concerns through email, personal contact, memo Orinda and meetings. Informal...
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...Organizational Effectiveness Rita Goforth March 10, 2014 CJA/474 Professor Mathew Workman Introduction Organizational effectiveness can mean many things for different organizations, from making sales to managing employees and even time and data management. Within the criminal justice organization it is much more important than just making sure the criminal justice agency is merely operating properly. Achieving and maintaining efficient productivity, performance values, and efficiency are crucial in order for any organization to be successful (Mihalicz, 2012). Applying the theories of organizational effectiveness to the management aspect of criminal justice organizations and personnel will help supervisors and administrators to be truly effective in operating and managing a criminal justice entity. Prioritizing, obtaining constructive feedback, and keeping your focus on specific tasks at hand are all important tools to successfully and effectively manage a criminal justice entity. Define Organizational Effectiveness Organizational effectiveness is the concept of how effective an organization is in completing and achieving the greatest outcomes within the organization that will produce the best results, according to Dwight Milhalicz 2012. He believes that the short term areas of organizational effectiveness are just as important as the sustainability, concerns for others, and the corporate culture of the organization (Milhalicz 2012). Strong management and...
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...Rights of the Accused POL110 Jeanette Ramirez Professor Rogers May 1, 2013 Introduction This paper will discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer. Define due process and its origins. According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of converting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black’s Law Dictionary, 6th Edition, page 500. Due process is a very complex subject to try to explain and define to where it is understood. In all its complexity due process just simply means that it holds the government subservient to the land of the law. Due process originated from the Magna Carta (1215), which were the Great Charter of English liberties where the nobles limited the King’s authority...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...is set free on that basis. The principle ensures that innocent people are not jail. Historical Background In doctrine it is shown that by the form given to the presumption of innocence in article 23 of the Constitution and the similar provisions in article 6 paragraph 2 of the European Convention and article 52 of the Criminal Procedure Code there is at least one contradiction regarding the moment up until to which the presumption functions. Jean Lemoine created the principle of presumption of innocence with the aim of protecting the defendant, based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All these presumptions known to as the golden thread, dictate that the verdict should be made solely from the evidence presented by the prosecution. It is the duty of the judge in ant criminal court to ensure that, there is a balance between the principle and the evidence presented by the prosecution. It is a hard task but a necessity in accordance with the law. The U.S Supreme court has stated...
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...Factors persuading criminal justice staff conduct paper University of Phoenix Factors persuading criminal justice staff conduct paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee have in guaranteeing authoritative forces not manhandled as it applies to policies, procedures, risk, monetary elements, and discretion. Assess obligation, responsibility, and financial effect working together with discretionary power practiced by staff in the criminal justice system. Every organization to attain and maintain, a culture of honest a more efficient model with discipline has to apply also sustained. The administrators must embrace the new paradigm with self-accountability for each staff member one of them were head managers are not free from which means. The objectives should be to obtain self-accountability rather than just making officers liable following their act of indiscretion. Even though punishing staff members, for violating a policy that includes each tradition also common sense. There are more than numerous various approaches which could...
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...disparity and discrimination as they relate to the criminal justice system. The discussion will be supported with examples from law enforcement practices, court procedures, corrections populations. When you first look at discrimination and disparity one may believe they were similar but that is further from the truth. When people see a great number of blacks or Hispanics arrested for many drug related incidents it may seen discrimination had a lot to do with it whether it occur at the start of an arrest, during the justice procedure, or during the sentencing process. Although it seem very easy to come to that conclusion; it is vital that people have a receptive mine and look further for the reason of disparity instead of believing what they see from the exterior. The way to find out whether the case is disparity or discriminating is to investigate the whole case from the beginning to the end, and along with examination the population of that particular town. Maybe the truth will be revealed, do the justice system contribute or intentional discriminate or is it disparity without any form discrimination. The defining of disparity according to Schrantz and McElary (2000), racial disparity in the criminal justice system exists when the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in the general population. There are many cause of disparity in the criminal justice system such as legislative decisions, higher...
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...There are various assumption of the American Criminal Justice system which considers the system as a failure to its people. We must ask ourselves, what are the problems with the criminal justice system? How can we resolve those issues? In this article some of the issues of the criminal justice system are being addressed and some solutions to those issues are given as well. Many problems foreseen in the criminal justice system are, laws that criminalize behaviors that should not be criminal, client populations at every stage who are disproportionately mentally ill, drug-dependent, or both and are often dealt within appropriately or inhumanely, pretrial detention systems that are over used and undermine the already disadvantaged lives of the mostly poor and minority people they hold,...
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