...RUNNING HEAD: Criminal Law Paper Criminal Law Paper John Butler Bachelors of Science of Criminal Justice Maryland v. King, 569 U.S., On June 3, 2013 the United States Supreme Court ruled that it is not a violation of the fourth amendment right by having your DNA swabbed while being booked into a detention facility. And that a simple swab on the inner check was no different than taking a photo or being fingered printed during the booking process. This case came to be after a individual was arrested and booked for assault and during the booking process the individual had the inner cheek swabbed as part of the booking process as part of Maryland DNA Collection Act (Maryland Act) . After this individual DNA was process per the Maryland Act, the DNA matched that of an unsolved rape from years earlier. Because of the match DNA this individual was convicted and sentenced of the rape. When appealing the verdict the individual argued that his fourth amendment right was violated. What interested me about this case was the taking of DNA during the booking process. I have always thought that giving a DNA sample was something that was voluntarily given, rather than being forced. Or if there was a court order to obtain one’s DNA. I know that many states across the county have been creating laws regarding the collection of DNA from individuals who are involved in the criminal justice system. Some states collect DNA during the booking process, while other states only...
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...Criminal Law Supreme Court case Missouri v. McNeely, 569 U.S. __ (April 17, 2013) On October 3, 2010 Officer Mark Winder stopped Tyler G. McNeely for speeding and driving over the center line. Officer Winder noticed that McNeely was apparently intoxicated, his eyes were bloodshot, his speech was slurred, and he smelled of alcohol. McNeely admitted to Officer Winder that he had been drinking, but only had a couple of beers. Officer Winder had McNeely run through a series of field sobriety tests, which he failed. Officer Winder asked McNeely to submit to a breath test, but McNeely refused. Officer Winder placed McNeely under arrest and was transporting him to the police station, and again McNeely told Officer Winder that he would not submit to the breath test. Officer Winder decided to take McNeely to a local hospital where he would submit to a blood test; however, Officer Winder did not make an attempt to obtain a search warrant before doing so (Cornell University Law School, n.d.). Officer Winder informed McNeely that under Missouri state law if he did not submit to the blood test there would be an immediate revocation of his driver's license for a term of one year, and his refusal would be used against him in future prosecution. McNeely still refused to have the blood test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without a warrant would fall under the exigent...
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...Criminal Law August 5, 2013 Criminal Law Supreme Court case Missouri v. McNeely, 569 U.S. __ (April 17, 2013) On October 3, 2010 Officer Mark Winder stopped Tyler G. McNeely for speeding and driving over the center line. Officer Winder noticed that McNeely was apparently intoxicated, his eyes were bloodshot, his speech was slurred, and he smelled of alcohol. McNeely admitted to Officer Winder that he had been drinking, but only had a couple of beers. Officer Winder had McNeely run through a series of field sobriety tests, which he failed. Officer Winder asked McNeely to submit to a breath test, but McNeely refused. Officer Winder placed McNeely under arrest and was transporting him to the police station, and again McNeely told Officer Winder that he would not submit to the breath test. Officer Winder decided to take McNeely to a local hospital where he would submit to a blood test; however, Officer Winder did not make an attempt to obtain a search warrant before doing so (Cornell University Law School, n.d.). Officer Winder informed McNeely that under Missouri state law if he did not submit to the blood test there would be an immediate revocation of his driver's license for a term of one year, and his refusal would be used against him in future prosecution. McNeely still refused to have the blood test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without...
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...The foundations of criminal law paper 484 5/4/2015 Dwayne Carr The foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth amendment...
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...The foundations of criminal law paper 484 5/4/2015 Dwayne Carr The foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth amendment...
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...sources and purposes of criminal law is to serve and protect society. The purpose of the criminal law is to guide citizens to follow guidelines and regulations that will give order to society. These guidelines and regulations will try to limit society’s actions that will cause harm to one another citizen or property. The criminal law if violated will provide punishment , sanactions and penalities. There are three primary sources of criminal law in our criminal jsutice system. Common law, Criminal Statutes and Model Penal Code .Common law is a traditional law of an area or region created by judges from individial cases and disputes. Common law changes with time and due to society changes as well. Criminal statues serves for retribution, deterrence, rehabilitation and protection. The reason for these actions serves multiple purpose for the victim as well as the defendant. Retribution serves the victim as an act of repaying or repairing something that has been damaged to property or personal injuries done to the victim for medical expenses and distress. Deterrence is a goal of the criminal justice sentencing that seeks to inhibt criminal behaviro through the fear of punishment. (Schmalleger, F., 2009, pg.374). Deterence shows scoiety that acts of deviance do have consequences and they will less likely committ crimes because of the fear of pinishment that comes from it.Rehabiliation is used in perspective to curing an offender of his or her criminal tendencies , personality...
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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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...October 27, 2011 CJA/204 In the following paragraphs choice theories will be described as well as how they specifically relate to crime. Common models on how society determines which acts are or are not criminal in nature and how they impact choice theories directly will also be made known in this paper. The first topic at hand is choice theories. What are choice theories? According to Wikipedia (2011) “the term choice theory is the work of William Glasser, MD, author of the book so named, and is the culmination of some 50 years of theory and practice in psychology and counseling. Choice Theory posits that behavior is central to our existence and is driven by five genetically driven needs, similar to those of Abraham Maslow: Survival (food, clothing, shelter, breathing, personal safety and others) and four fundamental psychological needs: Belonging/connecting/love, Power/significance/competence, Freedom/autonomy, and, Fun/learning” So in short it is safe to say that choice theories would be perspectives on crime causes states that criminal activities are the after thoughts of a conscious decision or choice. Choice theory is also known as rational choice theory. Rational choice theory is when a criminal feels the need to defy the law even though they know the consequences do not outweigh the benefit of doing so. Choice theory states that there is a central behavior to our existence and this is driven by five needs. These needs consist...
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...Julie Hurden Abstract This paper will discuss three policies within the criminological field and the theories that might have influenced them. The three policies and two theories that will be discussed in this paper are the death penalty, three strikes laws and expunging of records, the classical school of criminology and the labeling theory. This paper will discuss rulings by the Supreme Court concerning the “Three Strikes and You’re Out” laws and the death penalty policies. It will review the Eighth Amendment and the Fourteenth Amendment of the Constitution of the United States. Criminological Relationships between Theory and Policy Three Strikes and You’re out Law (TSAYO) The Three Strikes Laws are basically laws that order increased sentences for repeat criminals, this increased sentence is given after three felony crimes have been committed by an offender. Most state and federal laws in the United States require harsher punishment for repeat offenders but they are not as severe as the “Three Strikes and You’re Out” (TSAYO) laws. TSAYO was passed into law to help protect society from persons that are dangerous and have exhibited a pattern of criminal behavior, to break it down this law simply takes repeat offenders out of the game by putting them in prison and hopefully deter others from committing the same kinds of criminal acts. According to Justice James A. Ardaiz, "Three Strikes...
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...Criminal Justice System Paper Pablo Zausa CJA/204 September 25, 2012 Professor Brent Kagawa Criminal Justice System Paper In CJi module interactive learning, crime is defined “ a conduct in violation of the criminal laws of the state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.” There are many points of view and controversies in defining what crime is, it is complex and very difficult to agree upon. From a sociological standpoint, it suggests that the concept of crime should include many behaviors that are not defined by laws or the political process. It views crime as any antisocial act the needs to be repressed to maintain society. In psychological standpoint, it suggests that the crime is an individual’s way of expressing the inability to follow the social norms. The psychological view does not care about the traditional elements of crime, if a person cannot respond appropriately or effectively to the demands of the environment, then the individual is criminal or maladaptive. Other people define crime that any wrongdoing and action against the law of God whether as revealed in the Bible, the Koran, or the Torah which naturally recognize as against God’s will irrespectively of what the State of law say it is still a crime. My definition of a crime is any unethical behaviors, actions that a person committed against the law whether it is the State, Federal government, local jurisdictions...
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...Criminal Law Pinky Salmon is the leader of Independence for Stratford Party that is spearheading campaigns for Stratford to be an independent republic. Salmon’s deputy mayor, Allie Daring, is leading the opposition to the proposal for the independence. This implies that the issue will be decided through a referendum. However, Pinky carries out three major actions that amount to criminal liability based on the Criminal Damage Act of 1971, which is a law that was enacted to deal with cases of damage to property (The National Archives, n.d.). The criminal liability of Pinky Salmon is evident in the following… 1. Reckless, unreasonable action – The first action carried out by Pinky to intimidate or threaten Allie is going to his home and carving...
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...Prisons | | | | | | Our country has come a long way in the way that it disciplines those who break the laws. Once convicted, criminals can be sentenced to many different punishments depending on the crime they committed. Punishments can range from lenient, such as probation or community service, or more severe, such as jail or prison. Punishments increase in severity depending on the severity of the crime committed. A person who has committed a non-violent crime will have a better chance at seeing a probation sentence than someone who has committed a violent crime. Prior criminal record also plays a role in the sentence an offender receives. Even if the crime committed was not violent, if the offender continues to commit the same crime, their sentence will increase. The main idea behind prisons is to provide a facility that houses individuals being punished for committing a crime. There are several different types of prisons that people may be sent to depending on the kind of crime they committed. The most well-known are medium to high security facilities that are also referred to as general population prisons. These are the penitentiaries that most people would think of, where inmates who were found guilty of crimes ranging from theft to assault and even murder are housed. Minimum security prisons typically house convicted criminals who have not committed a crime of violence against another person. These misdeeds are better known as white collar crimes,...
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...Communication Paper Alloys P. Ceballos CJA/304 July 10, 2014 Technology and Communication Paper Technological advances in today’s digital world are in a fast pace development. Almost every year, new technologies or gadgets come out and constantly changing the way people interact, communicate and deliver the basic services needed. Since the 1800’s, police officers armed with gun and nightsticks to perform their duties and include in late 1870’s the use of telegraph and telephones, the installation of police call boxes and the adoption in 1880’s of the Bertillon system of criminal identification and in the turn of century, the use of fingerprinting systems to assist law enforcement agencies to identify and apprehend criminal offenders, whatever technological development have made there’s only one goal for these officers is to serve and to protect innocent lives. The criminal justice system also has to advance in ways to communicate with different agencies because communicating quickly and effectively can positively affect the results of prosecuting the offenders such as gathering and preserving evidences, collecting and recording interviews with victims and witnesses. “Computers have provided police with important technological advances like computer mapping to pinpoint crime areas”. (William Bratton, former New York City, Police Commissioner)There are many specialized and newer technologies that are available in the market and used today by different law enforcement agencies...
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...The Role of Sociology in Criminal Justice A person cannot avoid the experience of making decisions from a list full of options and choices in this life. The choices that an individual makes are vital in determining the shape his or her later life will take. Making the choice to attend or not to attend college is one of the choices a high school graduate has to make. It is essential for an individual standing at the cross roads after high school to be visionary in making a decision to join a college. Attending college is worth it because the knowledge obtained cannot be taken away from you. College education contributes significantly to the person development. College learning is both inside and outside classroom. The college experiences are a reminder that adulthood comes with more responsibility. In addition, it instills in a person the virtue that it is essential to work hard for one to succeed. There exist studies that support the need for a student to attend college. In a survey investigating the importance of college education today as compared to high school education, it was found that almost 90% of the respondents admitted that college education is important. The presentation of this paper agrees with these findings. With the changing societal needs, college education has become important like high school education. Therefore, the perception toward college education makes it important. There are other ways in which attending a college is important. First, college...
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...Criminal Justice System Paper Steve Hunter CJA/204 February 6, 2011 Gary Howard Criminal Justice System Paper A crime is which one breaks the law, meaning an individual or a group partakes in an event to do something wrong and one is accused in which a crime was committed. A crime (1981-2005), according to The Free Dictionary is defined as “A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties. There is some sentiment for excluding from the "crime" category crimes without victims, such as consensual acts, or violations in which only the perpetrator is hurt or involved such as personal use of illegal drugs.” The laws are structured in such to protect Americans against harm or harm’s way in the event of various crimes and to protect one’s property, animals, people, rights, etc… against one’s violence. Laws are structured to maintain order in the United States; it would be chaotic without them. Regardless, of an individual’s relationship to one’s career or statute, when a crime is committed the law has standards and is structured in which the accused is to be punished or released. The police, courts, and corrections are three components that make up the criminal justice system. Within the criminal justice system, there is a process which takes place. “Whether part of a system or a non-system, the agencies of criminal...
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