...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...regards to problem solving, the perspectives of others, as well as exchanging ideas depends on our ability to send messages (clearly) while hearing and understanding messages received from others. Effective verbal messages are messages that are organized and brief, free of jargon and/or slang, and creates no misunderstanding for the person listening. Productive problem solving involves words that are not accusatory, blaming, critical, or judgmental. In nonverbal messages, a person’s tone of voice and body language tells a lot about how a person feels and sometimes what they are thinking. Say for instance an officer asks a rape victim what she was wearing and how she acted around the accused suspect. His/or her ( the officers) tone of voice and body language could mean the difference between the victim speaking out against her assailant or her deciding to keep her mouth closed thereby letting the accused go free. Scorn and accusatory should never be a part of the way we speak to a victim no matter how we feel about the circumstances leading up to the crime. Continuous rambling and lengthy explanations may confuse or discourage the person listening which can cause the message to lose its impact and/or relevance. This may be the only chance you as the speaker gets to state your point of view or opinion across to the listener(s). At the same time our body language sends off emotions...
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...Crime and the Criminal Justice System The criminal justice system and the process have molded the laws of the United States to its current existence. The judicial system is designed to punish those who commit crimes against one another and for those who break the laws in other ways. According to Pearson (2012), crime can be defined as conduct in violation of the state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse. Pearson (2012) also states, that “crime” depends on where you are, which means it is a daily routine for society and directly affects a person, place, and any witnesses associated with it. The American criminal justice system has many elements with crime as the major one. In essence, if there were no crime, there would be no need for a criminal justice system. The intention of this paper is to describe the elements of the criminal justice system and the process it goes through to prosecute a criminal. The research conducted will also describe the government structure and its relevance to the criminal justice system, the diverse elements, and the role law enforcement has with aiding society in maintaining social order and guidance. Law enforcement has many levels in America. There are federal, state, local police agencies, with the same goal of stopping crime, arresting suspects, and completing investigations when crimes are committed. Nevertheless, police are accountable for so much more than people...
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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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...Personal, information is also shared on the topic from the interview with a previous youth offender. Why it is that children and young people become involved in criminal activities has been the focus of leading researchers for many years, resulting in a wide and varied literature base for this particular study. Some of the contemporary material has been evaluated and used in conjunction with the primary data attained. Introduction The purpose of this paper is to unravel some of the possible risk factors associated with youth offending. Why it is some children, as they grow up, become involved in criminal activities while others respect the law and stay out of trouble has been a largely debated question for many years (Utting et al, 1993). Not only has this topic been chosen as it is of great interest to the researcher but the classic British longitudinal studies of youth offending appear to be many years old. Existing literature from theorists, professionals, government reports and any other secondary research carried out regarding this chosen topic will be critically evaluated and used in comparison with one another. The investigator will also be carrying out primary research using various methods to obtain further knowledge, opinions and beliefs surrounding why it is young people become involved in criminal behaviour. The methods chosen, methods discounted and sample size will be critically analysed and how the researcher has ensured the...
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...made a conscious effort to study racial profiling and ascertain how race and ethnicity play a significant role in stopping vehicles by law enforcement in their jurisdictions. Profiling refers to the practice of police that view certain characteristics as indicators of criminal behavior. It is the establishment of law enforcement practices that solves crime and develop prevention strategioes against crime. While, racial profiling is the new term for profiling. The change is partially because of the ambiguity that racial profiling has some confusions and controversories. The term racial profiling best decribes the situation where police arrests, questions or stops the person on the basis of race (Cleary 5). In regards to the racial profiling, the concern about it is erupting in the entire nation (Harcourt 18). Racial profiling is considered as the use of the individual’s ethnicity and race through the law enforcement personnel. In many of the jurisdiction, the practice of such acts is considered as illegal and controversial. United States have decided to work on the issues related to the racial profiling, that how the ethnicity and race play a part in order to stop the injustice through the law enforcement in relevance to their jurisdictions (Welch 282). The term racial profiling is defined as the discrimination on the basis of the stereotypes (Harcourt 31). The racial profiling is explained in various ways, it has been used in almost every law enforcement agency. The paper aims...
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...A CRITICAL ANALYSIS OF CHARACTER EVIDENCE IN NIGERIA BY MADUBUIKE CHIKEZIE OBINNA 05/61313 BEING A COMPULSORY RESEARCH PROJECT SUBMITTED TO THE FACULTY OF LAW, ABIA STATE UNIVERSITY, UTURU IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAW (LL.B) DEGREE OCTOBER, 2010. CERTIFICATION I, MADUBUIKE CHIKEZIE OBINNA of the Faculty of Law Abia State University hereby certify that this project work was carried out under the supervision of Barr. A.S AMARAMIRO. Supervisor’s Signature. | Date. | Student’s Signature. | Date. | DEDICATION This work is dedicated to The Almighty God who helped me study under Grace. ACKNOWLEDGEMENTS Good works are often the product of cross fertilization of ideas and sincere support of resource persons. Accordingly, I give my unalloyed thanks to my creator, God the Almighty, the spring of all knowledge, my Ebenezar. I am profoundly grateful to my efficient, diligent and understanding supervisor Barrister A.S Amaramiro whose love, guidance, critical remarks and suggestions were very insightful. I will forever remain sincerely grateful. Specially, I remain highly indebted to my parents Elder and Mrs. O.C Madubuike for their love, moral, spiritual and financial encouragement since I was born. They are my engine room. My gratitude also goes to my siblings: Oluchi, Emeka, chinonso, kelechukwu and ugochukwu. They cannot be thanked enough for their love and support...
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...Mediation in the State Civil and/or Criminal Court System Mary Catherine Doerneman Course Spanning Tasks Part B Professor Sunny Rowland May 8, 2016 I certify that I have read A Student's Guide to Academic Integrity at the University of Oklahoma, and this paper is an original paper composed by me for this course. Except where properly cited and attributed, it has not been copied or closely reworded from any other source and has not been submitted as a whole, or in part, for credit in any other course at OU or any other educational institution. It has not been created or submitted for any other purpose such as a job assignment at my workplace or any other agency. Introduction: The justice system seems to be the revolving door for cases upon cases on a daily basis. People with many disputes decide to turn to Civil Lawyers to mend issues with other parties. Just to clarify, Mediation in the law, is an alternative dispute solving process which involves disagreeing parties hearing one another in presence of a third party. The aim is to prevent harm as result of the disagreement by seeking a compromised or mutually agreed outcome. The third party, referred to as the mediator, assists the disagreeing parties arrive at a settlement while ensuring that there no favors to either side (Reich, 2007). Mediation may be used in disputes such as those in the community, families, work place, diplomatic disagreement and many more. Mediation process is structural and has timeframe...
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...Weinerman 5/12/14 Introduction The basic right to question the government and hold it accountable is a basic hallmark of American Government. The right of the individual to question those in power, whom, according to the US Constitution, are there to represent and/or serve the public, is what makes the American construct unique. Our strength as a nation is manifested in the fact that we even treated our enemies within the rule of the law, even when the Great Writ was suspended. The Writ of Habeas Corpus which is the right to question and challenge the grounds in which our government holds a sovereign free American citizen against their will, is among our most basic fundamental rights. In the following pages, we will explore the history and what has caused us to stray from this ideal and, perhaps, instill the idea in the reader that all American citizens and aliens detained under suspicion, no matter the circumstance, must be treated justly. History of Habeas Corpus The right for prisoners to seek habeas corpus no matter how heinous their crime was present long before the United States was founded. In 1215, King John was forced to sign the Magna Carta by his nobility. It effectively curtailed monarchal power, and forbade people to be held simply at the whim of the king (Goldstein...
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...Causes of Delinquency and Methods of Prevention Jermaine Thomas CJ 3308 Juvenile Justice University of Houston-Downtown Causes of Delinquency and Methods of Prevention Introduction Juvenile delinquency is a term used to describe illegal acts committed by individuals in society younger than the age in which the government recognizes as him/her as an adult. In America, the general rule of thumb for labeling a person as a juvenile is any person between the age of 10 and 18. However, this does vary slightly from state to state. An act committed by a juvenile can only be considered delinquent if the same act is punishable if it were to be committed by an adult. Other violations of rules such as curfew violations and underage smoking are considered age-restricted violation as opposed to being labeled as a “delinquent act”. Juvenile Delinquency has always been an issue in the criminal justice system. A study done by Sharma, Mishra, & Kumar (2013) found that the average age of juvenile delinquents was 16.20 years of age, and the average age of non-delinquents was 16.5 years of age. Furthermore, of the delinquents, most of their crimes were committed at the age of 14.84 years of age. The creation of the juvenile justice system in 1899 in Chicago was a way of dealing with this growing problem. Since then, the juvenile justice system has been very useful in helping to evaluate, rehabilitate, and if necessary, punish juveniles that commit delinquent acts. However, the issue...
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...of society that sees a class struggle between the proletariat and the bourgeoisie. This struggle comprises the attempts by the proletariat to free themselves from the domination of the bourgeoisie as they seek to take over the means of production. David Gordon argues that crime is an inevitable product of capitalism and the inequality that it generates. He argues that inequalities in wealth and income create poverty and homelessness for the working class and crime is a rational response to these problems. This idea is supported by research which shows property crime rising during recession. Gordon suggests capitalism encourages values such as greed and materialism which are conducive to all classes committing crime. Such values promote non-economic crimes such as violence, rape, child abuse, vandalism and hooliganism because inequalities in wealth and power lead to frustration, hostility, envy and alienation for some members of the working class who may commit crime in an attempt to retrieve power and status. This theory argues that it is surprising that there is not more working class crime. The idea explained is one of continual conflict and of crime being a continuation or extension of the class battle. However, critics point out that such a view is a bit sweeping, and that the whole of the working class isn’t in revolt or criminal. To see all crime as a rebellion against the system ignores individual motivation, choice and the fact that many people do choose not to break...
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...Criminology & Criminal Justice © 2006 SAGE Publications (London, Thousand Oaks & New Delhi) and the British Society of Criminology. www.sagepublications.com ISSN 1748–8958; Vol: 6(1): 39–62 DOI: 10.1177/1748895806060666 A desistance paradigm for offender management FERGUS McNEILL Universities of Glasgow and Strathclyde, UK Abstract In an influential article published in the British Journal of Social Work in 1979, Anthony Bottoms and Bill McWilliams proposed the adoption of a ‘non-treatment paradigm’ for probation practice. Their argument rested on a careful and considered analysis not only of empirical evidence about the ineffectiveness of rehabilitative treatment but also of theoretical, moral and philosophical questions about such interventions. By 1994, emerging evidence about the potential effectiveness of some intervention programmes was sufficient to lead Peter Raynor and Maurice Vanstone to suggest significant revisions to the ‘non-treatment paradigm’. In this article, it is argued that a different but equally relevant form of empirical evidence—that derived from desistance studies—suggests a need to re-evaluate these earlier paradigms for probation practice. This reevaluation is also required by the way that such studies enable us to understand and theorize both desistance itself and the role that penal professionals might play in supporting it. Ultimately, these empirical and theoretical insights drive us back to the complex interfaces between technical and moral...
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...Table of Contents Introduction; Historical Evolution of Habeas corpus 1 An analysis of the relevance of habeas corpus 3 Perspectives in regard to Habeas Corpus 4 The role of the president and Congress in suspending habeas corpus 5 Conclusion 6 References 7 Introduction; Historical Evolution of Habeas corpus Habeas corpus is a Latin term for "you have the body," it is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is lawfully in prison or jail or not ( Legal Dictionary). The order is usually obtained in the jurisdiction within which the prisoner is held.A writ of habeas corpus is a challenge to the legality of a prisoner’s detention and does not entail an inquiry into the prisoner’s guilt or innocence. After examining the reasons for confinement, the court that issued the writ may release the prisoner or remand the prisoner into custody. The habeas corpus concept was first expressed in The habeas corpus concept was first expressed in the Magna Charta, a constitutional document forced on King John by English landowners at Runnymede on June 15, 1215. Among the liberties declared in the Magna Charta was that "No free man shall be seized, or imprisoned, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land." The roots of habeas...
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...Introduction There are over 90,000 women in prison in the U.S. today. (WEAP) Between 1980 and 1993, the growth rate for the female prison population increased approximately 313%, compared to 182% for men in the same period. At the end of 1993 women accounted for 5.8% of the total prison population and 9.3% of the jail population nationwide. (NWLC) Although the proportion of prisoners who are women is relatively small, women make up the fastest growing subset of the entire prison population. For this reason, and because male supremacy and sexist justice are so intimately related to this problem, a separate consideration of women in prison is needed. Male privilege and domination, and the protection of that privilege have long been and continue to be central to the criminal prosecution system. In this essay I will consider three main subjects in this regard: Social and economical causes of female violence, what’s the reaction of society and justice system to it, how prison works in this society and what’s its effect on female prisoners? Social and Economical Causes of Female Violence First I will consider social and economical causes of female violence. Who are the women in prison? The profile that emerges in study after study is that of young, single mother with few job skills, a high school dropout whom lives below the poverty level are the most typical women in prison. Seventy-five percent are between the ages of twenty-five and thirty-four, are mothers of dependent children...
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...Controversies of prisoners of war The book “Unbroken” was a seemingly impossible tale of triumph and survival of an Olympic runner and WWII veteran named Louis Zamperini. He constantly had to overcome adversity in his early years, for he was an immigrant from Italy and a trouble maker before his brother Pete steered him into running track. This immediately turned him around as he did well enough to in running to break all sorts if local records, which were accomplished while his competitors were trying to sabotage his runs. This qualified him for the 1936 Olympic in Berlin, where he met Hitler. He still had running aspirations but felt he had no choice other than fighting in the world due to the fact that the 1940 Olympics were cancelled. So he joined the Air Crops and while flying in plane suspected to break down, he crashed in the sea with two other friends and was stranded there for over 47 days. Louis overcomes great adversity again when Japanese air assaults targeted them and they jumped in the water to get cover while fighting off hungry sharks. After the planes retreated Louis and his friends took turns swatting the sharks trying to jump at them while the other kept the boat afloat by blowing like a mad man. After they were successful in doing this, they saw land but were intercepted by a Japanese boat that took them to the notorious POW camp known as Naoetsu. This is where the infamous prison guard called “The Bird” decided that he was going to do everything to break...
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