...Ethics in Criminal Justice Administration Analysis Perla M. Flores CJA/484 Criminal Justice Administration Capstone March 10, 2014 Fran Hart Ethics in Criminal Justice Administration Analysis Ethics in criminal justice administration is a very important aspect because professionals within the criminal justice system make important decisions every day that involves critical thinking, and the choices they make will have an impact in society; therefore, it is important that these professionals be unbiased to everyone they come in contact with. This paper will analyze the relationship between ethics and professional behavior in the administration of criminal justice. It will also explain the role of critical as well as a seminar proposal on ethics that will include five areas of ethical conduct. The reader will be informed why these areas were chosen and what the benefits of this training will do for the officers and the community. Ethics and Professional Behavior in the Administration of Criminal Justice “Ethics, also known as moral philosophy, is a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live. Ethics involves making moral judgments about what is right or wrong, good or bad. Right and wrong are qualities or moral judgments we assign to actions and conduct” (Singer, 1995). Furthermore, the criminal justice agencies have code of ethics to follow in every organization...
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...Crime and Its Relationship to Law Mitch Jones CJA/204 INTRODUCTION TO CRIMINAL JUSTICE 6/3/2014 James Smith Crime and Its Relationship to Law Crime is conduct in violation of the criminal laws of a federal government, state regulation, or local jurisdiction for which there is no legal justification or excuse. Crime has been around since the beginning of human civilization, from when one caveman bashed another caveman for any reason, originally crime was any action deemed immoral or against the decisions of a collection of people, which usually included the elders. Since then laws have been written to define criminal activity, as well as, the attempt to keep said crimes and criminal activity away from the good citizens of any given civilization. Many theories have been born from the attempt to combat crime before it occurs, and one such theory explains people commit crimes when they consciously decide the benefits of committing the crime outweigh the risks of punishment. The structure to combat crime has been evolving as much as the definition and ways crime can be committed, from the middle ages and the conduct of ordeals to heretical laws from the church and the punishments that were included to modern times of specific written laws, their interpretation, and the attempted rehabilitation of criminals to be functioning members of society. Modern structure of the criminal justice system include the police, courts, and corrections to provide a continuity to the system...
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...the author describes them, to effective law enforcement due to societies’ attempt to over-criminalize? Due to excessive dependency upon the criminal law for curing the illegal issues has posed a challenge for the administration of the criminal justice system. We can of course enforce law to solve all the prevailing criminal issue within the society. It is important to provide social services, to enforce morals and avoid legal restraints on law enforcement so as to prevent the moral offenses in the society. However, it has been found that, the American Criminal Law has revised its law versions in order to extend the criminal sanctions. These sanctions go well beyond the basic offenses. The law seems to be revised in such a way so as to protect the criminals rather than protecting the society. The consequences seem to be quite adverse. It has been noted that, after revising the California Criminal Law, the number of crimes increased outside the Penal Code. The author has even provided examples to support his rational argument in the paper. There have been certain State Laws that seem to be discouraging several conducts. They are not only wasteful but also turn out costly. There have been issues of abortion, sexual offenses, juvenile conducts and many more that could harm the society in many ways. The lives of the people are at risk and hence, it is important for the court of law to take not only strict actions but also to implement laws that will protect the lives and property...
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...Criminal Law Midterm Part B Crime has been part of the human condition since people began to live in groups. Ancient documents indicate that activities such as murder, theft, and robbery were defined as criminal by civilizations that existed before biblical times. The bible recounts stories of crimes such as Cain killing Abel, and the parable of the Good Samaritan, who came to the assistance of a man who had been assaulted and robbed.[i] Criminal laws regulate human behavior and tell people what they cannot do and in some instances, what they must do under certain circumstances. Throughout history, all societies have had criminal codes regulating conduct .Democracies have always sought to transform their basic principles and ideals into achievable goals through a system of laws that balance the rights of individuals with the compelling needs of society as a whole. These goals include public order, domestic tranquility, and protection of the basic rights of individuals.[ii] Because governments in democracies are the servants and not the masters of the people, laws should be the product of the will of the people. Criminal justice systems in democracies operate most successfully when the majority of people believe that the laws are reasonable and that the system can operate efficiently and effectively. The issue of what laws should be enacted often causes serious public debate. Laws are enacted by elected representatives of the people they are enforced...
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...often governed by a set of rules commonly known as law. Although the rules might be different from one nation or society with another one, but it is important and necessary in regulating human’s behaviour. Law tells us what we should do and should not do. In every nation or society, there are different type forms of rules and laws. Rule is form through morality or customs while law is enforced by the state or courts. If one break the law, you need to be punished either by fine or go to prison. English law has been in existences for a very long time nearly a millennium year. Before the Norman Conquest, different area of England is governed by their own set of laws which is different with other state or area. After Noman Conquest during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
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...The Criminal Justice System refers to the process by which persons committing criminal offenses are arrested, followed by systematic investigation to determine proof. After which charges are laid, defense is raised, trials conducted and sentencing rendered if found guilty or acquitted if innocent. Criminal offense is an The C act or omission punishable by law; and/or a long record of crime. An offense can be a minor or major violation, example of minor offense is jaywalking and some major offenses are murder, arson, and treason. Crime, offense, and criminal offense are used interchangeably. Mens rae (awareness of guilt) and actus reus (the act) are two important elements necessary to prove a crime. Criminal conduct is the violation of the law of a state or country which prohibits certain conduct. Criminal conduct evaluates the individual’s behavior in the criminal offenses raised and is not based on whether the individual was prosecuted or convicted. Criminal offenses are usually investigated by researching the facts and/or incidents, situations, scenarios, to prove the guilt of the individual. Thorough investigation is carried out systematically, capturing minute details, analyzing and scrutinizing information to arrive at a conclusion to prosecute the individual committing the criminal offense. The evidence collected determines the charges laid against the individual, and a defense is made to oppose or defeat the prosecution of the criminal offense. The trial is a judicial...
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...The criminal justice system and the criminal justice process has shaped the laws of this country into what they are today from the concerns of politicians and government leaders as far back as the 1800s with crime control. (Wilt, Harman, 2012)The criminal justice system consists of three main parts Legislative create laws adjudication courts corrections jails, prisons, probation and parole. In the criminal justice system, these distinct agencies operate together both under the rule of law and as the principal means of maintaining the rule of law within society. Crime is conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse. This can be an action or an instance of negligence that is deemed major to the public welfare or morals or to the interests of the state and that is legally established. Crime is any specific act by law for which the society has provided a formal use upon each person punishment. This can include the failure of a person to perform an act specifically required by law. Crimes relationships to the law are several of them such as, criminal laws. The criminal laws pertain to crimes and punishment; however this justifies the relationship between crime and the law. The two most common models of how the society has determined what acts are criminal by what society itself considers normal. This is defined by how society interacts within itself. This leads...
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...or cash obtained from unlawful conduct before a magistrates’ court, sheriff or justice of the peace. Civil forfeiture combats organised crime and relies on the legal fiction that the property, and not the owner, has disobeyed the law. As a result, conviction or even criminal charge is not placed against the owner. The powers conferred by this Act are exercisable regardless the conduct of any proceedings related to an offence in connection with the said property. Under civil recovery, properties are considered as recoverable property that is obtained through unlawful...
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...Crime and the Criminal Justice System Alicia Gilbert CJA/204 October 16, 2012 Bill Keller Crime and the Criminal Justice System Crime is conduct in violation of criminal laws set by the federal government, state, or local jurisdiction for which there is no legal justification or excuse (Criminal Justice Today, 2011, p. 7). In order for society to distinguish criminal acts, two different models are considered: crime control and due process. Crime control oversees the efficient arrest and conviction of criminal offenders, and due process emphasizes individual’s rights through all stages of the justice system. Criminal justice fails society when it fails in either of these two perspectives. There are three different branches of government: legislative, which passes laws; executive, which enforces laws, and judicial which interprets and explains laws. The legislative branch for the federal government is Congress, which is broken down into the Senate and House of Representatives, at the state level, the state senate, and state house of representatives pass the laws, and on the local level, city council passes the laws. The President of the United States is the executive over federal law, the governor is the executive for state law, and the mayor is the executive for local law. Judicial law is interpreted by the Supreme Court at the federal level; states Supreme Court at the state level, and district courts at the local level. There are several components within...
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...The criminal justice Administration Analysis and ethics 484 4/20/2015 Dwayne Carr The criminal justice Administration Analysis and ethics Professional conduct and ethics are essential pieces, to the criminal justice administrations with ethics is defined what a person moral beliefs is right from wrong. The criminal justice administrations have to deal with a problem that are ethical on a daily basis and have to handle the ethical situation in behavior that is professional. The criminal justice administration and the law enforcement administration have a terrible time with professional conduct, and ethic’s particular matters might be hard to take on for the reason. Because of administration of criminal justice have a duty of creating moral decisions of what counts as right or wrong makes them have to be very professional. Also, employ critical thinking skill as well. Within this paper, it will analysis discuss, the critical thinking with the concerning association with ethics. In addition, professional conduct role with police officers, as well as the five areas of the ethical conduct, should communicate within the seminar. Also the reason to choice those areas and the suppose benefits, with the training for each the public and law enforcement. Professional Code of Ethic for Law Enforcement With the professional organization, concerning with certain parts of the law, medicine, also the criminal justice system as well...
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...Guild Hall, High Street, Westhampton, WE2 5HL Dear clients, The two elements of a crime are the actus reus and mens rea. The actus reus is a crime comprises an actus reus, or a criminal act or omission, and a mens rea, or a criminal intent. Actus reus generally involves three elements or components: first one is a voluntary act or failure to perform an act, second is who causes, and third one is a social harm condemned under a criminal statute. The conduct itself might be criminal. For example the conduct of lying under oath represents the actus reus of perjury. It does not matter that whether the lie is believed or if had any effect on the outcome of the case, the actus reus of the crime is complete upon the conduct. Examples of conduct crimes are things like Perjury, Theft, Making off without payment, rape and possession of drugs or a firearm. The actus reus may relate to the result of the act or omission of the defendant. The conduct itself may not be criminal, but the result of the conduct may be for example it is not a crime to throw a stone, but if it hits a person or smashes a window it could amount to a crime. Causation must be established in all result crimes. Examples of result crimes are things like Assault, Battery, ABH, Wounding and GBH, Murder & Manslaughter and Criminal damage. For state of affairs crimes the actus reus consists of 'being' rather than 'doing' for example 'being' drunk in charge of a vehicle (Duck v Peacock 1949) or 'being' an illegal...
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...1. Identify areas of law addressed in the media report, and explain how they are relevant to matters outlined in the media report. This article is a report on the prosecution of an un-named 35 year old male, 15 year old female and four other male individuals aged between 22 and 28 after an incident outside a bar in Kalgoorlie. Criminal Law Section 378 of The Criminal Code Act 1995 states anyone who steals something is guilty of a crime and is liable to serve up to 7 years in prison. Part 2:a of section 378 of The Criminal Code Act 1995 states that if a stolen motor vehicle is driven in a manner that causes an offence under section 60 of the Road Traffic Act 1974, the offender is liable to serve up to 8 years in prison for reckless driving. The Road...
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...reason justice also security associations deal with risk, expenditure connected with overseeing risk, penalties for not supervising the risk, Benefits also accurately performed risk analysis has for management and key partners, also the conclusion. Therefore, the reader can have an in-depth, understanding of the security and criminal justice organizations. Role and nature of organizational risk management Risk management considered one, of the best assets that an organization could have. They make sure the business is financial safeguarded when finding different business endeavors they interested in investing into to broadening their company enterprise. “The Risk Management Function has been regarded as an advisory function for senior management rather than a control function within the business” (Martin, P., 2010). For that reason, it has made the risk managers essential when they view thing start; to take a turn for the worse however still disregarded from the senior management within the organization. Risk managers do not have the control certainly the responsibility, of the fulfillment task, which is capable of preventing certain conduct if it...
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...Criminal Justice Evaluation CJA/354 Criminal Justice Evaluation Criminal law defines what conduct is considered criminal. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. (Schmalleger, 2010) Criminal law protects society from harm, punishes individuals who have broken the law, maintains social order, rehabilitates offenders, and deters criminal activity (Schmalleger, 2010). The sources of criminal law include the U.S. Constitution, the Bill of Rights, statutes, ordinances, and regulations. According to the American Heritage Dictionary 2009, a jurisdiction is a “right or power to administer justice and to apply laws”. Jurisdictions include a territory, state, or entity in which the law is enforced. The United States has federalism which consists of two governments who have authority over Americans. These two governments are federal and state governments. Federal governments have authority over “interstate and international commerce, foreign relations, warfare, immigration, bankruptcy, civil rights, and certain crimes committed on the high seas and against the “law of nations” (international law)”. (Schmalleger, 2010, p. 26) State governments have jurisdiction over the welfare of the people within the state and local cities. State governments have the power to make laws to ensure the wellbeing of the people within the territory. Law enforcement agencies, and of the justice systems like the courts and the correctional system...
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