...Origins of American Criminal Law Assignment 1 LEG 320: Criminal Law Professor Gloria Sodaro Strayer University April 23, 2012 Origins of American Criminal Law: This report will cover four different parts that are crucial to how American criminal laws came about. The first part will consist of one Amendment of my choosing that is related to the protection of people, their property, or criminal law itself. The second part is on the specific powers that the federal government has been granted with to make criminal laws versus those our state governments have been grant with. The third part will define, compare and contrast the four main goals of our criminal justice system. Then the last part will explain what is meant by police power and the limitations to that power. In order to understand and interpret any one of the Amendments to our Constitution, we need to know what the word amendment means. The definition of the word amendment is a correction or alteration of a manuscript, document, or record usually to improve it according to The American Heritage® Dictionary (The American Heritage® Dictionary, 2012). The Amendment this report will talk about is the Fourth Amendment. This Amendment is the search and seizure amendment. The Fourth Amendment to me means that the government cannot conduct unlawful searches and seizures of any one person and their property (Territo, Halsted, & Bromley, 2004). I think that the purpose of this Amendment is important because it protects...
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...The Fourth Amendment The Fourth Amendment focus on search and seizure law and it declare that gives a person the right to be protected against unjustifiable searches and seizures shall not be dishonored, and no warrants can be issue without probable cause. The fourth amendment is significant because the creator of the constitution recognized that government interference in the rights of the public was criminal. At one-time country laws were absent in regards to privacy matters. The government had limitless control to stop, investigate, and interrogate any person of their choosing in a group without any noticeable cause to do so. Harassment from a person of higher authorities was commonplace and the typical resident had no opportunity to stop unjustifiable searches and seizures. Today, the fourth amendment safeguards the general public from superfluous governmental actions. As a result, it compel the government to follow a reasonable standard when it extend to the privacy and the idea that a person is innocent until guilty confirmed, and privacy is vital until realistic suspicion put forward that guilt has been publicized. Powers of the Federal Government vs. the State Government The Constitution outlines and confines the authority of the federal government, identifies the connection between the federal government and separate state governments, as well as guarantees the constitutional rights of the people of the United States. Articles I to Articles VI in the Constitution basically...
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...Origins of American Criminal Law Legal 320 Abstract The origins of American criminal law date back to England’s Magna Carta of the thirteenth century and basic rules of conduct regarding murder, robbery, and theft can be found in civilizations dating back thousands of years. The United States being a democracy, affords its citizens many freedoms and laws which non democratic countries don’t. This paper will discuss some of the issues which address the origins of criminal law in America. These issues will include the importance of the Fourth Amendment to the United States Constitution and its relevance to today’s criminal law, the specific powers granted to the federal government versus those that are granted to state governments to make criminal laws, an explanation of the four main goals or purposes of the criminal justice system, and a clarification of police power and the limitations on such power. (Gardner & Anderson, 2011) 1. The Fourth Amendment The purpose of the 4th Amendment is to deny the national government the authority to make general searches and seizures of property. A major issue over the years has been the interpretation of "unreasonable" searches and seizures. The rules can be complicated. They also change often, but the general principle is that searches are valid methods of enforcing law and order, but unreasonable searches are prohibited. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable...
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... The consensus and conflict models within the criminal justice system have very different but clear-cut origins. While the consensus model has roots that go as far back as in the time of Socrates, it is John Locke’s, 1632-1701, “Social Contract Theory” that the consensus model is based upon. When a legitimate government is established with the express consent of its people, the consensus model assumes that the components of the criminal justice system will work together cooperatively to achieve the same goal. This model hypothesizes that there is a central value consensus in society, which is reflected in the laws enacted and enforced. It is believed that the consensus model is the best organizational system for promoting justice. As an example, local, state, and federal law enforcement agencies would share intelligence and other resources to help combat drug trafficking. The conflict model has its origins rooted from the Marxist ideology that centers around class divisions. It is believed that society is split along economic lines and that the wealthy enact and use criminal laws to punish and oppress the working class and poor. In the criminal justice system, the conflict model presumes that each component will function primarily to serve their own interests. It is also used to describe the conflict between law enforcement and due process. For example, law enforcement agencies want to apprehend criminals and put them in prison. The district attorney’s office...
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...Function of Punishment: * According to Durkheim the function of punishment is not to remove crime but to ‘heal the wounds done to collective sentiment’. * Without Punishment – collective sentiments would lose their force and strength * Crime and punishment are both inevitable and functional. Function of Punishment: * According to Durkheim the function of punishment is not to remove crime but to ‘heal the wounds done to collective sentiment’. * Without Punishment – collective sentiments would lose their force and strength * Crime and punishment are both inevitable and functional. Crime is Inevitable: * Durkheim argued that crime in an inevitable and normal aspect of social life. * Crime is present in all types of society; indeed the crime rate is higher in more advanced, industrialized countries. * It is inevitable because not every member of society can be equally committed to the collective sentiments (shared values and beliefs). Crime is Inevitable: * Durkheim argued that crime in an inevitable and normal aspect of social life. * Crime is present in all types of society; indeed the crime rate is higher in more advanced, industrialized countries. * It is inevitable because not every member of society can be equally committed to the collective sentiments (shared values and beliefs). Crime is Functional: * Durkheim argues that it only becomes dysfunctional when it is rate is unusually low or high. ...
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...Juvenile crime issues in the criminal justice system can be just as complicated as dealing with adults, but the punishments are not as defining as it is for adults. Many individuals believe that when a juvenile goes to court and is punished for his delinquent acts, the people think that that is too harsh; but when the adults go to their court hearings and their punishments are set, people tend to think that that is too lenient. It always depends on the situation, regardless of where or when the act took place; they look at several key factors when deciding the punishment that is suitable for that particular crime. The criminal court system is basically the same, they attempt to better the individuals that have made mistakes in their past by sending them to institutions that will help teach them the difference between what is right and what is wrong. The difference between a juvenile court and an adult court consists of several different perspectives. One of the differences is the terminology used during the court cases, another is the leniency given to the juveniles rather than disciplining them by making an example out of them. Adult court relies on the retribution rather than “cutting them a break”. Juvenile crimes are not prosecuted but better known as “delinquent acts”, and if the crime is considered bad enough, they will try the juvenile as an adult; other times, they are fined, sentenced to a detention center, or sometimes both of the occasions. With juveniles, the cased...
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...Classification of Law 1. Civil law and Criminal law……………………………………………………….. 2 2. Sources of Law ……………………………………………………………… 3-8 I. Common Law ……………………………………………………… 3-5 II. Common Law and Equity ……………………………………………… 5-7 III. Statute Law ……………………………………………………………… 7-8 Conclusion ……………………………………………………………………………… 8-9 Bibliography …………………………………………………………………………….... 10 Introduction According to the statement on p.25 in Antoine’s book, Commonwealth Caribbean Law and Legal Systems, there is no general agreement as to how legal systems should be classified. Some writers emphasize a socialist legal tradition; others are concerned with technical differences while some also place more importance on the sources or origins of the law and its structure and methods. Source The socialist legal tradition has its historical origin in the Bolshevist Revolution of 1917 initiating the international and economic order known as Socialism or communism. The main legal distinguishing feature between socialist tradition and the common law or Romano- Germanic tradition is ideology. The socialist argue that law cannot be isolated from the social political and economic order within which it operates, making these elements fundamentally important in determining the type of legal system in existence. The Socialist legal tradition therefore embodies its original meaning aimed at achieving a communist state Rose-Marie Belle Antoine Commonwealth Caribbean Law and legal system...
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...Origins of American Criminal Law Desmond Barnes Professor Poydasheff Bus 100 01/20/13 Strayer University Origins of American Criminal Law The 2nd Amendment is the right to bear arms. One of the most amendment since it was adopted in December of 1791. This amendment always people to keep and bear arms. The importance of this amendment is being felt even in modern day times with the recent shooting in Newtown, Connecticut. The debate on stricter gun laws was started when twenty-two children and six adults were shot and killed at Sandy Hook Elementary School, including the shooter’s mother. The argument of who should be able to have access to a gun and the type of gun erupted the nation. The Federal government has the power to enforce this amendment but the state has the right to make their own laws dealing with guns and who can have them. The state may put in place certain laws about gun regulations. The federal also has to the power to rule such unconstitutional. This way there is always a constant check and balance between the state and federal government. The four goals of the criminal justice system are to stop people from committing crimes, protect society from people who can cause harm, to punish people who have committed crimes and to reform those people. These four goal keep our society in balance. Our police system enforces the law and tries to prevent people from committing crimes. If the crimes are committed still such people are put into jail to stop harm...
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...College of Computer Training (CCT) ------------------------------------------------- Assignment Cover Page ------------------------------------------------- INTRODUCTION TO THE IRISH LEGAL SYSTEM INTRODUCTION TO THE IRISH LEGAL SYSTEM Module Title: 6N8395 6N8395 Module Code: Law Assignment One – Origins of the Irish Legal System Law Assignment One – Origins of the Irish Legal System Assignment Title: Owen Keany Owen Keany Lecturer Name: MEMORY TEMBO, HETHERWICK KAMWENDO, NANCY SUNGANI NAMETSO LEGAE . MEMORY TEMBO, HETHERWICK KAMWENDO, NANCY SUNGANI NAMETSO LEGAE . Student Name: (2015334), (2015388), (2015262), (2011853). (2015334), (2015388), (2015262), (2011853). Student No.: 11 October 2015 @ 23.55 11 October 2015 @ 23.55 Assignment Due Date: Academic Year: Year 1 Year 2 Year 3 ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- DECLARATION ------------------------------------------------- I, the above named student, confirm that by submitting, or causing the attached assignment to be submitted, to CCT, I have not plagiarised any other person’s work in this assignment and except where appropriately acknowledged, this assignment is my own work, has been expressed in my own words, and has not previously been submitted for assessment. I, the above named student...
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...The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination. Discrimination on the basis of class, gender, sexuality and ethnicity operates at the level of attitude, on the street, in the home, at the workplace or at social venues. In regards to the Criminal Justice System, race and gender are always accounted for in court proceedings. As Smith in 1997 said, “the apparent ‘fairness’ of the criminal justice system does not mean that the outcomes will necessarily be unbiased”. Tonry in 1997 found that even though certain ethnic groups are far more often caught in the net of criminal justice than others, they have elevated rates of official offending which differ from one country to another. The major ethnic group in Britain and Wales being black people whose families originated from the Caribbean in the 1940’s. (cited in the Oxford Handbook). Black people find themselves subject to rules made for them by white people, it is also the same for other groups living in the same culture, e.g. it seems to be men that make the rules for the women in society, even though this seems to be changing...
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...Racial Profiling in the U.S. Criminal Justice System Racial profiling is among the key problems that are cited in the U.S. criminal justice system. The American Civil Liberties Union(2016) defines racial profiling as a discriminatory practice by law enforcement officers of using individual’s race, ethnicity, religion among other traits as grounds for suspicion Racial profiling has particularly affected the black Americans and other minority groups. Research shows that these minority groups and especially the black Americans are overrepresented in the U.S. Criminal system despite the fact that they constitute just a small percentage of the total U.S. population. History of Racial Profiling in the United States Racial profiling is an old problem dating back to a number of centuries ago. The history of racial profiling is ingrained in a number of historical events that cast African Americans in an inferior light. In 1704, South Carolina created the first slave patrol in which white men oversaw black slaves on plantations as well as hunting down fugitive slaves. Black Americans, most of which were slaves had to produce passes as proof of having permission not to be in plantations, or if they had been emancipated, they were required to carry with them freedom papers to show that they were free. Black people were exposed to interrogations, harassments, physical torture and even death if they were found to have run away...
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...Racial Profiling in the U.S. Criminal Justice System Racial profiling is among the key problems that are cited in the U.S. criminal justice system. The American Civil Liberties Union(2016) defines racial profiling as a discriminatory practice by law enforcement officers of using individual’s race, ethnicity, religion among other traits as grounds for suspicion Racial profiling has particularly affected the black Americans and other minority groups. Research shows that these minority groups and especially the black Americans are overrepresented in the U.S. Criminal system despite the fact that they constitute just a small percentage of the total U.S. population. History of Racial Profiling in the United States Racial profiling is an old problem dating back to a number of centuries ago. The history of racial profiling is ingrained in a number of historical events that cast African Americans in an inferior light. In 1704, South Carolina created the first slave patrol in which white men oversaw black slaves on plantations as well as hunting down fugitive slaves. Black Americans, most of which were slaves had to produce passes as proof of having permission not to be in plantations, or if they had been emancipated, they were required to carry with them freedom papers to show that they were free. Black people were exposed to interrogations, harassments, physical torture and even death if they were found to have run away...
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...The world is becoming a dangerous place to be even if you are the right guys; law enforcement officers. Police officers have been implementing a racial tool to carry out their job. The device is called racial profiling and is being implemented and has been on the rise. I have seen many news reports covering law enforcement racial profiling and it is becoming the typical behavior towards the fewer fortunate. Even though, law enforcements need to ensure their safety first and use their best judgment on how to approach a situation to ensure the most positive outcome. Racial profiling is wrong because of the color of some one's skin, the individual’s race, it’s ethnicity, it’s religion or its national origin shouldn’t define anyone, and law enforcement should do their job without racial profiling judgment. Law enforcement's need to ensure their safety first and use their best judgment on how to approach a situation to ensure a positive outcome. Now in days, law enforcements are very wary about who is the criminal. Their job is to protect the citizens that are good contributors to society and law abiding. The officers can’t safeguard their contributors without using their best...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...The practice of racial profiling by police officers has become a contentious issue between law enforcement and advocacy group supporting rights of citizens. An increasing number of reported incidents in which law enforcement professionals have been accused of targeting minority groups have heightened the debate about racial profiling and the legitimacy surrounding it. The practice of racial profiling by law enforcement is an attempt to identify potential criminals before they could commit serious crimes. Law enforcement officers who have used racial profiling are confident that the process helps them to detain criminals and therefore reduce crime. However, the use of racial profiling has become a debated issue across North America. The media has captured the public’s attention by identifying how law enforcement officials make the assumption that minority groups and people from ethnic backgrounds are more likely to commit crimes. This paper will reflect that the use of racial profiling by law enforcement is both wrong and ineffective in many ways. First, racial profiling is wrong because it tends to target people of color under the assumption and stereotype that they create more crime, which clearly is unconstitutional under the Charter of Rights and Freedoms. Secondly, through the Toronto Star newspaper analysis it will be obvious that the use of racial profiling in solving crimes is not effective but is damaging and harmful towards individuals under the Human Rights Code. And...
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