...Scenario Involving Civil Liability and Civil Action Jacquelyne Anderson Professor Phillip Edwards CJ499-01 September 14, 2014 In this scenario project I will identify four alleged crimes and one criminal civil action. In addition, I will apply principles involving criminal law relevant to the criminal justice practice, and I will demonstrate my understanding of civil liabilities relative to criminal justice agencies, and practitioners. Furthermore, I will identify case laws relevant to the possible civil action that could be brought against the police officer, the department and the city. After addressing these issues, I will have described a scenario involving a civil liability and a civil action. When identifying the four alleged crimes and the one criminal civil action, regarding this scenario project, the four alleged crimes are: 1) attempted robbery, 2) drug possession, 3) carrying a gun, and 4) assault and battery. After speaking to a female victim, Officer Jones noticed an individual who partially fit the description, and walked toward them. Officer Jones identified himself, and told the individual to stop. Unfortunately, this individual did not stop, and kept on walking from the officer, and the officer shouted again identifying himself, but this time the individual stopped. When the individual stopped he looked at the officer and there was a big bulge in his right pocket, but refused to put his hands where the cop could see them. The subject began...
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...Kevin May Criminal Law Exam part B 08/17/2014 kevinmay1911@gmail.com In criminal law, there are two types of crimes, misdemeanors and felonies. However, within those two groups, there are several varieties of crimes such as crimes against people and crimes against property. Within the several variety of crimes, there are legal defenses to go with them. Criminal law is a simple concept, however, it has multiple complex elements that go with every concept. In this paper, I will be discussing the different aspects of the law covered in our criminal law course, and how it all comes together to impact the individuals and organizations (e.g. businesses and institutions) in society. In order for criminals to commit a crime, they must have intent....
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...Relationship Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different...
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...Criminal law, also known as penal law, refers to different jurisdictions of various bodies of rules whose general characteristic is incomparable and often impose punishment for failure to comply. Criminal punishment includes execution, loss of liberty, government supervision (either parole or probation), or fines depending on the offense and jurisdiction. Murder is one example of some of the archetypal crimes, but the acts that are prohibited are not entirely consistent between different criminal codes, and even among a particular code lines may be confused as civil infractions give rise to criminal consequences. Criminal law is typically enforced by the government. Civil law, or branch of law, deals with disputes between organizations and/or individuals, in which compensation may be given to the victim. Civil courts provide a confabulation for deciding disputes involving torts (such as libel, accidents and negligence), contract disputes, property disputes, the probate of wills, trusts, commercial law, administrative law, and other private matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an...
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...The Criminal Justice System and Process The criminal justice system and process refers to violations of the criminal laws put in place to apprehend and punish violators. The criminal justice system intends to protect the innocent through fair treatment with three main parts in the systems that consist of agencies as law enforcement, courts, and corrections. These agencies work together following the rules of law and maintaining these rules. The first part of the criminal justice system is policing investigate suspects for any wrong-doing. When the violator is arrested he or she is processed for booking and put in the system. A warrant can be issued for the violator where law enforcement officers can apprehend the suspect for arrest. The main purpose of law enforcement is to protest the public and keep social order. Law enforcement also has the duty to provide emergency and services in protecting the rights, individual freedom, and maintaining order. The next procedure is the court system. The criminal courts system provides impart and fair trails to ensure due process, decide the violators’ innocence or guilt, decide the cases on imposing a guilty sentence, provide fairness throughout the process, and provide protections of the rights of the individual. The criminal justice personnel have duties by courts to provide fairness, integrity, impartiality, and professionalism in criminal case proceedings. The courtroom has important people ensuring...
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...Performance and Actions of Law Name Course Date Instructor Performance and Actions of Law Albert Einstein according to BrainyQuote once said, “Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced,” (para. 1). Laws are intended to be a model and regulations make use of common sense. However, an individual may argue that a law is carried through ethics. Laws perform and actions enforce the law in business as well as in society. Meaning of Law According to Bryan Gates Attorney at Law (n.d.), “law is the set of rules that guides our conduct in society and is enforceable through public agencies,” (para. 2). Some rules of conduct according to Bryan Gates Attorney at Law (n.d.), “are considered so important that they are enforced through the government,” (para. 3). Fundamentally law is the benchmark and authority assist in executing conduct, supervising disputes as well as grasping illegal activity. Roles of Law The law delivers several directions in society as well as business. This is most credible in three arrangements. Criminal law is one classification where the law is a social charge of crimes and is arraigned by governing bodies (Melvin, 2011). Along with criminal law civil law is when private affairs may bring lawsuits against one another for wrongdoings (Melvin, 2011). For example, if an individual causes destruction to property or to a person the civil law would be the lawsuit...
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... Criminal Justice System Crime is an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by the law. Committing any action that is forbidden by the law can be considered a crime. There are some actions that can result in punishment that can be considered criminal. Knowing and understanding what is forbidden by law can be confusing. There are so many things that an individual can commit every day that can be seen as a criminal act. Crime is internal to the law, and thus cannot be adequately analyzed separately. Crime breaks the law and law repairs the crime. Law and crime assume and require each other. “Law has as one of its main purposes to make men go around in more or less clear ways. Law purposes to channel behavior in such manner as to prevent or avoid conflict; and law does in important degree so channel behavior. Without the purpose attribute, law is unthinkable, without the effect attribute, law cannot be said to prevail in a culture. “(The Cheyanne Way, pg.20) Crime is not only theorized as an aspect of law, it is professionally managed through law, and specifically managed on the basis of this normal and conventional character. The two most common ways society determines which acts are criminal are consensus and conflict model. Consensus model defines the criminal behavior as those acts conflict with the values and beliefs of society...
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...inferiority to others. These feelings of inferiority may derive from one's position in the family constellation, particularly if early experiences of humiliation occurred; a specific physical condition or defect existed; or a general lack of social feeling for others was present (Adler, n.d.)”. These feelings in society guide the professional behavior that makes up the theory of criminal justice is a crucial part of criminal justice system, and the ethics that make up moral principles of right and wrong, administration that distributes burden and stresses common good in our legal system. We are, faced with ethical issues every day and must deal with components that make up our involved system in a professional manner. The administration of criminal justice, especially the policing of society and individual rights requires professional behavior in certain situations and may often for those on the outside looking in to find it difficult to handle. The criminal justice system has obligations of making moral judgments of what is right or wrong and must be done professionally and with the use of critical thinking. Because law enforcement its successes and failures are often judged by society vise right and wrong the system is under great scrutiny even from those that manage the system, and understand the stresses involved. The relationship between theories, and how they are defined like the principles of utilitarianism, and the manner in which agencies are defined through professional behavior...
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...Author Bio Gemma Halliday is a teaching assistant in the School of Law Enforcement and Justice Administration at Western Illinois University, where she has commenced study on a Master of Science in Kinesiology and exercise science. She holds a Bachelor of Social Science (Criminology) from Bond University Australia, where she was awarded undergraduate outstanding academic achievement. She is a recent graduate of Western Illinois University with a Master of Arts in Law Enforcement and Justice Administration, and was made a member of both Phi Kappa Phi and Golden Key International Honor Societies. Ms. Halliday has worked with and studied criminal justice issues in Australia, the United States, and the United Kingdom. Her current research interests include transnational sex and drug trafficking, and police fitness testing and standards. LEJA 518 - Issues paper: Police discretion. Gemma L. Halliday Western Illinois University “Enforcing the law without fear or favor” (Goldstein, 1963, p. 141). The very nature of police work is extremely complex in today’s society. Police officers play an important role comprising of many different tasks concerning; actually enforcing the criminal law, performing order maintenance and other miscellaneous services. It is through these duties and services that police are constantly intersecting and interacting with the community on a daily basis. Thus,...
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...Cover (host, time, place): Ethics in Criminal Justice Attendees: Law enforcement officers, corrections officers, and professionals within the criminal justice profession. 5 areas of ethical conduct: 1. Proper use of professional and ethical authority It is common for criminal justice professionals to act beyond the limits of their authority. Proper training to help officers learn to control their actions and to uphold their reputation will reflect positively on the agency. 2. Racial Discrimination Both fellow employees and the community are affected by discrimination in law enforcement. Treating all individuals fairly and ethically will show proper professional behavior, and help them be a positive role model for the criminal justice system. 3. Bribes Unethical behavior included the acceptance of gifts for bribes from the community, agencies, criminals, or fellow co-workers in return for special treatment. 4. Honesty Trust is necessary for a positive professional relationship with the community. Immoral or deceiving actions cause a lack of trust in the criminal justice profession. Law enforcement officers are held to a higher ethical standard because of their role to keep the community safe. They take an oath of office, are expected to comply with professional code of ethics, and are subject to various laws, rules, and regulations (Gleason, 2006). 5. Excessive force Officers need to be able to think critically in stressful situations, and learn to react...
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...system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting...
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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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...Court System of the United States Curtis Sweed May 19, 2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail...
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...Relevance of Free Will in the Criminal Justice System Ja’Nea M. Jenkins North Carolina Central University According to the Merriam-Webster’s dictionary, free will is the freedom of humans to make choices that are not determined by prior causes or by divine intervention. However, free will is the power of self-determination; one’s ability to choose between courses of action is not completely determined by circumstances. The author personally believes that all human beings have free will; however, this particular issue has become a debate over the years among other authors. Cotton inferred that the criminal law is based on the idea that an individual is responsible for their own actions unless the force was out of their control (Cotton, 2005). Every person has the right to make choices at their own free will; unless someone is threatening another or using force to harm them. In 1988, the court case, Smith v. Armontrout states that the Supreme Court expresses the fact that a “universal and persistent” element of our law the “belief in freedom of the human will and a consequent ability and duty of any normal individual should have the ability to distinguish the difference between good and evil” (Cotton, 2005). Whether or not any human being influences another to act a particular way in violation of the law when the individual knows the difference between right and wrong, both of them should be responsible, due to free will. The allegiance of courts and legislatures to free...
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...Criminal Defense Analysis CJA/354 July 18, 2011 Criminal Defense Analysis To define what criminal defense is there should be a clear understanding of what criminal law is before analyzing the various levels of defense. According to Worldwide Legal Directories (Criminal, n.d.) the term criminal law or penal law is defined as the prosecution from high levels toward an individual for an act that has been categorized as an offense. As a group of laws that consists of common and statutory laws, they are distributed according to the crime and sentences involving the illegal offense. When crimes are committed they will be classified by either misdemeanor or felonies based upon the degree of the crime that had been committed and what form of punishment may be granted will differ. After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial. Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her...
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