Criminal Law Foundations Essay examples - 1543 Words

Criminal Law Foundations Megan Ray CJA/484 April 7, 2012 Terri Madison Criminal Law Foundations Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to support the constitution as well as the Bill of Rights. The Amendments make articles within the Constitution and the Bill of Rights clearer or have modernized the rights making them more relevant to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are relevant to criminal law in not only adult court but†¦show more content†¦A person would not be allowed a lawyer for their defense; in essence the criminal justice system would never have evolved in to the system that it is today. These Amendments have to be upheld by the courts judges and it is the judge’s job to ensure that the rights afforded to the defendant are upheld at all times. This is even m ore so in a juvenile court as juveniles are still tender in age and may not completely understand what is going on or the ramifications of the crime that they have committed. These Amendments ensure that the rights of all people young and old are protected during the course of their criminal cases. The daily operations of the criminal courts are designed to ensure that the rights of the people are upheld. This is done through various rules and procedures, for example: As the evidence is presented in court and submitted as exhibits the judge will review the case and ensure that the evidence is relevant, collected properly and handled through a chain of custody. This ensures that the evidence is properly acquired and remains untainted, if it is not properly handled or the chain of custody is broken then it is inadmissible and the judge will not allow it in court. For any reason if these procedures and rules are not followed then the defendant may appeal the case claiming that their ri ghts were violated. If this isShow MoreRelatedCriminal Law Foundations evaluation paper1641 Words   |  7 Pages Criminal Law Foundations Evaluation Georgette Heisterman CJA/484 July 28, 2013 NIcholas Barbella Criminal Law Foundations Evaluation The Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance toRead MoreCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 Pagesï » ¿ Criminal Law Foundations Evaluation CJA 484 – Criminal Justice Administration Capstone Jacinto C. Rincon June 24, 2013 David Mailloux With a great deal of debate the design of the United States along with the lay out by the founders of the country who took their roll in laying down the â€Å"rules† of the United States of America very seriously. The Articles of Confederation, the Bill of Rights, and the US Constitution lay the floor work of a layer of protection afforded to all United StatesRead MoreThe Doctrinal Design Has Been Used To Study The Jurisprudential1425 Words   |  6 Pageswith the help of case laws and leading judgments of various courts. 1.5 Research questions: a) Does the child have adequate cognitive skills for comprehending and accurately reporting the witnessed event? b) Can the child successfully discriminate actual events from the internal thoughts, images and fantasies? c) Can the child resist suggestions from various sources to change his or her report or memory of an event? d) What is the status of child witnesses in the Criminal Justice system? 1.6 ChapterizationRead MorePrison Terms Ineffective as Deterrent to Crime Essay1122 Words   |  5 PagesBeccaria- an Italian philosopher, doomed the concept of torture and death penalty by introducing the term criminology to the world. At present, nearly all countries in the world have adopted the criminal justice system. Criminal justice consists of two tools: Law and Order. On the road to maintain Law and Order, penalty like Prison Term has been espoused. Prison Term could be defined as the length of incarceration for an offender, where the legnth varies from few days to months in a prison. It alsoRead MoreAnalysis Of Mens Rea And Actus Reus776 Words   |  4 PagesReus. A person cannot be convicted of a crime unless the key components of both guilty mind and guilty act are present. Therefore, when a criminal offense takes place, two parts of the crime must be proven. Throughout the following essay we will be defining, discussing Mens Rea and Actus Reus along with analyzing why these fundamental principles of criminal law are necessary to create a crime. Mens Rea and Actus Reus Every crime has two portions to it and in order for one to be found guilty of aRead MoreDeterrence Theory And The Criminal Justice Field Essay1578 Words   |  7 Pagesto obey or violate the law after determining the advantages and disadvantages of their actions (Paternoster, 2010). Deterrence, in the criminal justice field, dissuades individuals from criminal activity and from continuing to live a life of crime after committing the first criminal like act (Dutton, 2014). Law enforcement provides sanctions in the form of imprisonment, probation and fines (Paternoster, 2010). In the United States, a practical example of deterrence, when a law enforcement officer writesRead MoreResearching About The Law In Norway Requires Familiarity1392 Words   |  6 PagesResearching about the law in Norway requires familiarity with the sources that are pertinent in Norwegian law, as well as the knowledge on how they complement each other. One also needs a little knowledge about the government bra nches, especially concerning the role they play in the legal environment and in the creation of various laws. Last but not least, any legal researcher needs to be aware of the Norwegian language, since most of the sources are only available in one of the two official versionsRead MoreThe Crime Of The Criminal Justice System1266 Words   |  6 Pages The criminal justice system in England and Wales is made up of multiple agencies which all have different responsibilities, however they share the main objective of maintaining and enforcing the rule of law. The International Bar Association (2005) describes the Rule of Law as ‘the foundation of a civilized society’ with a society’s formal response to crime being the responsibility of the criminal justice system ‘more specifically in terms of a series of decisions and actions being taken by a numberRead MoreThe American Justice System858 Words   |  4 Pagesadversarial American criminal justice system? In what ways do the principles of Native American justice complement more mainstream correctional initiatives? Within the Criminal Justice system, comes a structure of both practices as well as organizations that main role is to uphold not only social jurisdiction, but to discourage and diminish criminal activity. The Criminal Justice system also sanctions those who violate the laws of the land with penalties and reintegration of the criminals into societyRead MoreThe Main Tenets And Assumptions Of Critical Criminology759 Words   |  4 PagesA theoretical perspective in the field of criminology that addresses power differentials, inequalities and hierarchies as the explanations of crime is known as critical criminology. In the making and enforcement of law, critical theoretical perspectives are helpful in the reduction of crime by reducing the social, economical and political disparities in a social agency. Critical criminology actually provides a huge framework for the discussion of many other approaches followed in criminology like