...CRIMINAL BREACH OF TRUST: The principal objective of criminal law is to punish an offender. The nature of the offences, for the purpose of these objectives, varies from offences ranging from theft to homicide, murder, etc. It is, however, imperative to note that the Indian Penal Code, 1860, not only deals with offences that are obviously criminal in nature, but also deals with intricate offences, earmarked with human intricacies and complexities like breach of trust, misappropriation of another's properties, etc. Against this background, let us take a look at the various aspects of criminal breach of trust, which offence is dealt with by our criminal statutes as a penal offence. The offence of criminal breach of trust in India closely resembles the offence of embezzlement under English Law. Offences committed by trustees with regard to trust property fall within the purview of criminal breach of trust. Similarly, a partner in a partnership firm can be held to be guilty of criminal breach of trust in respect of a partnership asset. CRIMINAL BREACH OF TRUST -MEANING: Section 405 of the Indian Penal Code defines criminal breach of trust. In a layman's language, criminal breach of trust may be defined as the fraudulent appropriation of another's property by a person to whom it has been entrusted, or into whose hands it has lawfully come. The ownership or beneficial interest in the property in respect of which the criminal breach of trust is alleged to have been committed...
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...Criminal Justice System Humberto Garcia CJA/204 January 13.2014 David Mitchell, MPA Criminal Justice System To talk about criminal justice is important to define crime, its relationship to the law, and the two most common models of how society determines which acts are criminal. Also is important to describe the government structure as it applies to the criminal justice system. Furthermore, identifying the choice theories and their assumptions in regards to crime is important. As well as describing the components of the criminal justice system and the criminal justice process. In addition, identifying the goals of the criminal justice system is essential when talking about criminal justice, and addressing thoughts on whether the criminal justice system is really a system. Defining a crime and its relationship to the law is an important component when talking about criminal justice. In fact, according to University of Phoenix, CJi Interactive, crime can be defined as “conduct in violation of the criminal law of the state, the federal government, or local jurisdiction, for which there is no legally acceptable justification or excuse.” Meaning, that every crime depends on the location of the person who broke the law, which the same suggest that a person’s behavior may not be consider a crime depending on the status of the person who committed the crime, and even why this person broke the law. Consequently, society determines which are criminal acts...
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...Juvenile Court Process Faye D. Baker CJS 220 July 27 2011 Curtis Turney The juvenile court system was designed to help juveniles rather than project harsh punishment on their lives. It is design to provide social services and assistance. Most juveniles commit crimes or get into trouble with the law, due to rebellion. There are many reasons a child falls into the juvenile court system. A few reasons are death of parents, poverty environment, molestation, child abuse and rape. The maximum age for juveniles is seventeen. At the age of eighteen the child is considered as a young adult. The juvenile court process includes four different processes. The first is called Intake which starts the process procedure to determine the seriousness of the crime, and whether the case should go to court. There are four other processes under intake. The first is detention hearing. The child has to go through a detention hearing to determine court appearance and whether protection is needed until he or she appears in court. The second is the transfer procedure, which consist of transferring the case to another jurisdiction. The third is the Waiver hearing; waiver hearing is when the case requires a hearing before being transferred. The last process is statutory waiver; this process determines whether or not the child is treated as an adult depending on the seriousness of the crime. Adjudication, This level of the process clearly states that juvenile crime process is less than...
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...A School Resource Officer(SRO) is a job that I grew to like during my internship at OCSO. My first weeks at my internship I worked a lot with SROs. My daily duties consisted of monitoring students, writing reports, and being a mentor for students. Also, I assisted several officers with varies projects, in which we presented to the students. Sheriff Murant informed me that our alternate goal is to creating and maintaining a safe ,secure ,and suitable learning environment for students,teachers, and staff. Every since I have started working with the different SROs , I can truly say that the work really hard to make sure every duty is completed with proficiency. I observed how a lot of students looked up to Sheriff Murant as a mother. They never seem to feel afraid to come a talk to her about any problems that they encountered. Also, at Howard Middle School I observed how the students respected all rules that were given to them. I enjoyed working with the students and hearing their stories. A Student Resource Officer is a job I think I would master and become comfortable in. A Student Resource Officer (SRO) is a law enforcement officer who is assigned to a middle or high school. Their main goal is to prevent juvenile delinquency by having a positive relationship with the youth . SRO of Orangeburg County Sheriff's Office( OCSO) have a program that places law enforcement in schools. Their goal is to create a safe, secure, and functional learning environment for the students, teachers...
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...The Levels of Criminal Justice Get Involved in Law Enforcement Your experience at South University will be richer and more memorable if you get involved in there Law Enforcement Career. You will have an opportunity to meet other students, faculty, and staff members and will participate in Law Enforcement activities that will make your learning experience more valuable to you and your college experience. Consider becoming involved in Law Enforcement. You might take part in activities such as these: * Get to watch an autopsy * Get to see what the jail or prison looks like * Get to volunteer in the community to help the police * Get to choose which areas you would like to work * Help make the community better Police Officers As a police officer, you are eligible to attend meetings of the Sergeants to see what needs to be done in the community. At the meeting, you will have the opportunities to learn about what is new in the community and try to better at the same time. At the conclusion of the meeting, the Sergeants invite the officer to voice their own opinions. Eventually, you might decide to run for the Sergeants position. Police officers are to follow these steps: * Enforce the Law * Investigate Crimes * Apprehend Offenders * Reduce and Prevent Crimes * Maintain Public Order * Ensure community safety * Provide emergency and related community services * Protect the Fundamental rights and freedoms of Individuals. Courts ...
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...any questioning, if you wish. * If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. * Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? These rights come into play when you are in custody of the law. A person should always be told these when they are told they are under arrest. If he continues questioning without reading him his rights the court can decide to not listen to the information given by Officer James. He should detain or arrest the suspect and then read him his rights and THEN continue. References Lyman, M. (2008). Criminal Investigation (5th ed). Pearson Learning Solutions. Retrieved from...
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...Criminal Conduct and Criminal Law LEG 320 July 25, 2014 Strayer University CRIMINAL CONDUCT AND CRIMINAL LAW Actus rea and mens rea are both important elements to convicting anyone for any crime. The actual commitment of a criminal act is actus rea. The guilty or criminal mind state is mens rea. Despite the fact that both actus rea and mens rea do not have to exist a conviction is still very feasible. When a criminal act is committed and the individual does not have to mens rea or guilty mind in some instances without the required mental state no crime is committed. Persons incapable of entertaining the required criminal mind because of legal insanity have not committed a crime. Working with individuals who have been diagnosis with mental retardation has really opened my mind to the element of mens rea when the individual has done something illegal. Some of the individuals have it in their mind that because the have been diagnosis with mental retardation they can not be held responsible for the criminal act they may commit or have committed, I have even heard many of the individuals say it. Does this mental state qualify them of the required state of mind for conviction? Immunity as a defense works in some cases not all. Immunity is the exemplification from criminal prosecution based on statues, the U.S. Constitution or international agreements. Diplomatic immunity is granted to those who are visiting foreign officials. Diplomatic immunity can also be waived by...
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...Criminal act is when any behaviour breaks the law. Some people may argue that crime only occurs when someone intends to break the law. Other people say that its when crime is intended and causes harm to people or their property. Criminal behaviour also depends on time and culture. The problems of official crime is: * statistics count the number of criminal acts rather than the number of criminals. So they make a mistake by counting one crime that might be committed by a group of criminals. * some people may not report the crime. * some people may not be aware that they are the victim of the crime. Crime as an act against the law would make most people as a criminal as every adult breaks the law at some point in their lives. The common characteristics of criminals are: * impulsiveness * no feelings of guilt * pleasure seeking * self importance Criminal Personality - attitudes that make a person different from normal. Core Theory: Biological Theory The biological theory states that criminal behaviour is inherited. This means that a person is already genetically programmed to behave in anti social ways. Studies do show that there are criminal families. So if a persons parent is a criminal then there is a high chance of them being a criminal. Criminal personality attitudes that make a person different from normal. The biological Genes have an affect on the brain development also known as brain dysfunction. The areas that the brain gets damaged are: * Pre-frontal...
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...Criminology is the scientific study of the nature, extent, case, and control of criminal behaviour in both the individual and society. Criminology has been studied for many years and it has become a major topic in our society. I believe criminals are not born criminals. It’s our own choice to commit a crime. Also, criminal behaviour comes from our living environments. Lastly if anyone is a criminal they were raised to be a criminal. It is our own choice to commit a crime. Just like it is our own choice to study for an upcoming test in school. In the classical early history of criminology, a guy named Jeremy Bentham believed in utilitarianism which is the view that people’s behaviour is motivated by the pursuit to seek pleasure and avoid pain. It is about what a person wants. The consensus theory is a sociological early history theory which states that people know the difference between right and wrong, some individuals choose to do wrong. We all have a brain and we all know how to use it. Lastly, the rational choice and deterrence theory plays an important part of a criminal. Some people suggest that criminals calculate the costs and the benefits of criminal activity and if the benefit outweighs the cost, the criminal is willing to take the risk of getting caught. These theories prove that a criminal can think before they do. Everybody has a choice in life. Criminal behaviour also comes from growing up in poverty. Some people have less ...
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...to explain the criminal behavior. A theory is an abstract statement that explains why certain things do or do not happen. A valid theory is based on and must have the ability to be able to predict future occurrences of the phenomenon in question. Also, a valid theory has the ability to be validated or tested through experiment or other observation. Today the theories used to explain criminal behavior include what are the onsets, the continuation, and the eventual desistance from a criminal career. The rational theory is when a person commits a crime and their actions are rational and contain detailed planning and making decisions used for personal gain. The person in this theory does everything and thinks outside of the box to avoid capture or punishment. The offender thoroughly evaluates and weighs the potential benefits against the consequences and then decides that the benefit outweighs the potential outcome. There are theories beyond rational theory that we know that these criminals are rational and that their behavior can be controlled or even avoided by fear of punishment. The situational crime control is a theory that state that desperate people may think about crime but only irrational would attack a well-defended, an unreachable target and ultimately risk strict punishment. Crime prevention is reached by reducing the open opportunities people may have to commit particular crimes. The situational crime prevention is focused on the criminal acts being avoided...
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...CRIMINAL JUSTICE Name Institution Course Date Explain how the various aspects of criminal justice relate to one another through a discussion of the criminal justice process and agencies involved in this process. Be specific and use examples to illustrate your points. Criminal equity process differs from state to state, and the government criminal equity framework has its guidelines, techniques, and terms to portray the procedures' phases. Crime obviously, there has to be the person involved in committing the offence, and the criminal equity system starts with the commission of wrongdoing. For instance, theft happens when a man takes property from its owner with the purpose to deny the property's owner the right to have the property. (Smartt, 2010) People involved in the crime have to report the crime to the police. Investigation police are deeply involved in this stage. Search Warrant, if instigating officer’s trust there's proof of wrongdoing at a particular area, they may attempt to get a court order permitting them to seek the premises. Interrogation Law authorization officers can examine witnesses, and even question potential suspects, the length of their sacred rights are secured. After a criminal offence has been reported, the police officer has to conduct an investigation to determine whether the act was illegal or not illegal. (Sales, 2008) If the crime was illegal, an arrest warrant is commanded for the suspect to be arrest and taken to the crown prosecutor...
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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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...deal with the criminals who help in various ways to shape the society that many either admire or fear. The rates of crimes around the world are significantly different from the crime rates that occur within the United States. The political and social structures of these nations often help in predicting the types of crimes that are more prevalent around the world compared to what is more prevalent within the United States. These structures also help to predict the ways in which the nations deal with these crimes within their criminal justice system. Through the evaluation of major global crimes and criminal issues, one can better understand the global impact that these crimes have on the national and international justice systems and processes. First, the prevalence of certain crimes varies from nation to nation and can often be based on the political and social structures of that nation. For example, in middle-income and developing countries, homicide is far more prevalent compared to nations with higher incomes (Shaw, et al, 2004). Research reveals that nations that have high rates of homicide tend to be accompanied by social and political unrest, where crime organizations tend to run the country more than the politicians (Shaw, et al, 2004). On the other hand, there has been a dramatic decline in the rates of robbery among nations included in North America compared to other nations of the world (Shaw, et al, 2004). Second, the ways in which criminals are tried and...
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...Assignment List Unit 1 - The Criminal Justice System Reading Assignment: Schmalleger Chapters 1 & 3 Assignment Type: Individual Project Deliverable Length: 4-6 pages Points Possible: 125 Due Date: 7/24/2011 11:59:59 PM CT You are a peace officer trainee assigned to your first post of duty. Your supervisor calls you into his office and tells you that he needs you to prepare content for a presentation at a local university for students in a criminal justice program. He explains that the public information officer (PIO), the individual previously assigned to give this presentation, is testifying in court and cannot leave. He further informs you that you will need to put the content together from scratch as he has never done this before. Please answer the following questions and requirement to write your 4 -6 page paper. As you answer each question you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles or real-life criminal justice findings that are not found in journals or other academic sources must be used in supporting your answers. Please use APA style for all cited sources including your resource page. The content is to be an overview of the criminal justice system and a description of these roles: police officer or federal agent district attorney's office or the United States Attorney's Office defense counsel federal, state, and local judges/magistrates Discuss the stages (investigative, prosecutorial)...
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...the nature and complexity of the crime. Once these factors are taken into consideration then the best way of controlling crime is sought. The deterrence theory is a theory that has been extensively used as an effective way of controlling crime. The deterrence theory is in two parts: specific deterrence and general deterrence. Specific deterrence tends to focus on the individual with the aim of changing his deviant behavior by punishment. Contrary, general deterrence is whereby an individual is punished in public so as to instill fear to individuals who may prove to be deviant in the future. According to the crimes by Phil Cresta in the United States of America, the deterrence theory is one which would be effective in controlling his criminal nature. The main reason for this notion is his crimes were repetitive. By using deterrence, Cresta would have fear of committing crimes simultaneously and he would finally stop. Therefore, by using deterrence, fear would be instilled in him and this would prevent him from committing the crimes. In Phil Cresta’s case, specific deterrence would not have been as appropriate as general deterrence. General deterrence would have been an appropriate corrective measure because it would use other individuals in the society as a lesson to other individuals who would depict deviant behavior. Behavior change is at times most efficient and effective because it deals with the society at large but not the specific character whose behavior is deviant...
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