...and magistrates may be personally biased and influenced by different cultures, which are said to have caused the inconsistency within the criminal justice system. If we are placing the importance of judicial discretion on a full spectrum, the concepts of intuitive synthesis with high importance, and mandatory sentencing marked with least, will possess their positions at...
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...Leadership Skills for Criminal Justice Professionals Leadership involves the commitment, dedication, and risk taking attitude of the individual, which also includes other skills to accomplish the tasks. “In a criminal justice organization, leadership is essential to the success of the goals of the organization” (McKinney, 2008).Criminal justice professionals should develop and maintain leadership skills in their professional and personal lives because they are role models, and their decision-making is suppose to be trusted by the public. The field of criminal justice is very broad, which includes professions like law enforcement, information security, and forensic science; however, there are many career choices in that field that require some of the same skills in leadership. Communication is a major skill in the success of careers in the criminal justice field. “Professionals in this field should possess excellent communication skills because they must be able to give suggestions to employees, give orders to people over whom they have authority, and explain clearly to the community what legal issues are involved” (“Qualities of Good Criminal Justice,” 2011). Professionals will need to be able to speak clearly, effectively, and with confidence and authority. In addition, a professional in the criminal justice field must be able to write in a manner that is understandably clear and relayed effectively. They will be writing anything from reports, press releases to parole orders...
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...Outline The Main Ways By Which Offending By Children And Young People May Be Prevented. Explain Any Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common Law;...
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...precept of the criminal justice system. The death penalty has been in existence for thousands of years and has gained wide acceptance in the United States since early colonial times. Even those who framed the Constitution specifically the Fifth Amendment approved of it though implicitly (McCord and Latzer 9). Despite the growing acceptance of the death penalty as an appropriate punishment for certain kinds of crimes such as first degree murders, there are still some people who argue against it on certain grounds. The debate as to the justification of the death penalty has raged on for a long time. On one hand, there are those who are of the opinion that the death penalty is a cruel punishment which is morally wrong and a violation of the right to life for its victims. Others defend their opposing views by citing the wave of abolition of other types of corporal punishment such as branding and flogging and propose that imprisonment should also replace the death penalty (McCord and Latzer 9). However, the death penalty has proved to be a punishment befitting certain crimes such as horrific murders as it is the ultimate punishment. It has taken many harmful elements off the streets besides acting as a deterrent for both the convicted criminals and other potential murderers out there. In essence, it has saved many innocent lives that otherwise would have fallen prey to the evil schemes of murderers. Indeed, there is no course more worthy than saving innocent lives. This essay presents...
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...precept of the criminal justice system. The death penalty has been in existence for thousands of years and has gained wide acceptance in the United States since early colonial times. Even those who framed the Constitution specifically the Fifth Amendment approved of it though implicitly (McCord and Latzer 9). Despite the growing acceptance of the death penalty as an appropriate punishment for certain kinds of crimes such as first degree murders, there are still some people who argue against it on certain grounds. The debate as to the justification of the death penalty has raged on for a long time. On one hand, there are those who are of the opinion that the death penalty is a cruel punishment which is morally wrong and a violation of the right to life for its victims. Others defend their opposing views by citing the wave of abolition of other types of corporal punishment such as branding and flogging and propose that imprisonment should also replace the death penalty (McCord and Latzer 9). However, the death penalty has proved to be a punishment befitting certain crimes such as horrific murders as it is the ultimate punishment. It has taken many harmful elements off the streets besides acting as a deterrent for both the convicted criminals and other potential murderers out there. In essence, it has saved many innocent lives that otherwise would have fallen prey to the evil schemes of murderers. Indeed, there is no course more worthy than saving innocent lives. This essay presents...
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...There have been some major changes in the police response to domestic violence however there are still many areas that need improving. The purpose of this essay is to analyse the relative response made by the police to crimes of domestic violence by examining the theories and statistics from the study of various criminology scholars as well as scrutinising the impact of any changes or improvement that may have since occurred in policing. The Government defines domestic violence (DV) as "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality." This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour killings' [homeoffice.gov.uk]. In analysing the adequacy of police response to domestic violence, it is vital to firstly understand the scale of abuse against victims of DV. Several statistics, such as Stanko’s study in the year 2000, found that police in the UK received one call every minute for support concerning domestic violence. According to Dodd et al (2004), only 40.2% of actual domestic violence crimes are reported to the police. Moreover, 20 incidents of DV may have occurred before it is reported [Walby and Myhill, 2000]. As of 2005, 17% of all reported crimes were of Domestic Violence (Nicholas et al). What's more, even though the concept of domestic violence...
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...January 3, 2014 David Manweiler Plea Bargaining Plea bargaining is important in the criminal justice system. It is an essential tool that benefits not only the prosecutor but the defense attorney and the defendant. Plea bargaining allows attorneys to decide cases without needing the judge or a jury to decide the case. It can be beneficial to both the prosecutor and the defense attorney because the prosecutor will have a conviction and the defense attorney would have gained a lesser charge for his client. Throughout this paper I will lead you through the process of plea bargaining, the pros and cons, and how it reflects on crime control and the due process model. History of Plea Bargaining Plea bargaining can be dated back to the nineteenth century. One of the earliest cases reported Commonwealth v. Battis. In this case the defendant who was charged in a capital crime was given time to think about the guilty plea he had entered. The court was reluctant in accepting the plea and was satisfied only after insuring that there had been no tampering, promises, or any persuasions to the defendant. Following the Commonwealth v. Battis case there were other cases that began to be reported that had some level of plea bargaining. It seemed that plea bargaining became more common in the mid 1900’s. The reasoning behind it becoming more common was back in the early days of the English justice system, juries would hear up to 20 cases in a day. What is plea bargaining? According to Black’s...
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...Nidhal Abubakar 100896803 2015 2015 There are many issues surrounding the content of Bill C-10. This essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other relevant legal documents (parl.gc.ca). Bill...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Simon (1994) as being a defined approach to crime control and management which dispenses with concerns about the meaning or motives behind offending and replaces these with an emphasis on ‘technologies’ of ‘risk minimization’ and the elimination of potential threats to social order. The Risk Factor Prevention Paradigm (RFPP) uses risk assessment and survey to identify factors in the key domains of a young person’s life that statistically increase the likelihood of offending or decrease its likelihood (Case, 2007. p. 92). Youth justice today is increasingly dominated by risk management however it has been heavily criticized. In this essay an explanation will be given of what the risk factors are, what the RFPP is and how actuarial practices are based on this methodological approach. It concludes that a focus on actuarial principles in the current youth justice system works against the fundamental principles of individualization in the criminal justice system . Society has become increasingly concerned with risk and the management of it. It is defined as being an uncertain prediction of future behaviour with the possibility that the behaviour will be harmful or negative. The National Crime Council’s Document Tackling the Underlying Causes of Crime (2002) provides five categories of risk factors which are quantified as contributing to anti-social behaviour. They are as follows: Neighbourhood and Community Factors include: community disorganization and physical deterioration; high...
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...law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited...
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...Leilani Stertz Jane Zunkel Writing 121 29 April 2013 Justice The word justice evokes passion in the people who speak it but what is Justice and where did it come from? Justice is a noun and the word has origins in Middle English, from the Anglo-French word justise, further in Latin justitia, from justus. The current definition according to the Merriam-Webster Dictionary is: 1(a) The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment. (b) Judge (c) the administration of law; especially the establishment or determination of rights according to the rules of Law or equity. 2 (a) the quality of being just, impartial, or fair (b) 1. The principal or ideal of just dealing or right action. 2. Conformity to this principal or ideal: righteousness. (c) The quality of conforming to law. 3. Conformity to truth, fact, or reason: correctness. Justice can only be satisfied through law, legislation, and impartial judgment. Without justice a society cannot survive. In modern society the very system who decides how to serve justice is the only system not ruled by it. (Merriam-Webster ) In 1215, a document giving birth to the English legal system, which grants rights to 'freemen' or non-serfs, was enacted. The Magna Carta limited the power of King John and provided legal securities only allowing prosecution through the 'Law of the land'. "No free man shall be seized or imprisoned, or...
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...Outline The following essay is divided into the following sections: • Introduction • Definitions • Positivism • Realism • International law • Conclusion • List of works cited Introduction Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population. Definitions The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for compensation in the case of loss of or damage of personal property (Byers 22). Criminal law establishes the...
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...PROBATION IN THE INDIAN CRIMINAL JUSTICE SYSTEM The turn of corrective thoughts in new direction in the 19th century was not accidental happening but the century itself was of intellectual adventure and of consequent social change. The intellectual renaissance led to the society’s realization that society is also directly or indirectly, responsible for the persons committing crimes, and a gradual thought of reformation of criminals started budding. Revenge the retaliation was no longer the chief aims, the law had to the larger mission than to coerce the criminal and force him by severity to mend his ways.1 Probation is one of the ways for reformation of criminals. The word Probation is of Latin origin, and is derived from the Latin word ‘probatio’. It means to test, to prove and to try. It means “a system of proving, or examining, investigation and supervising a child brought to court for treatment. It is a definite follow system for court cases with developing technique. But it is more than that. It is a mission actuated by the highest ideals of human helpfulness and social services towards those in need.”2 This essay will critically examine whether the Probation of Offender’s Act, 1958, an Indian Statue which was passed by the Indian Parliament to provide opportunities and guidance to young and first offenders instead of committing them to jail, has met its...
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...Melissa Maitland Professor Hubert American Government 23 November 2015 Where Does the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from...
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