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Criminal law and their elements
Criminal law, quizlet
Criminal law, quizlet
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“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
• Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution. This law also governs the actions set by the United States Constitution. (Wikipedia, 2014)
• Administrative law – body of law that consists of creating and establishing administration agencies. Rules, responsibilities, regulations, and the powers used by these agencies are also developed under this law. Agencies such as the Social Security Administration and Welfare Commissions are two agencies included in this law. Usually, the creations of these agencies were made to provide their applicants with benefits. (School, Administrative Law)
• Statutory law – this body of law is crucial to the safety of the public. How our different bodies of government function and many of the laws within them are based on the above law. The outline used for today’s society and how justice is maintained comes from this law. (Demand Media, 2011) Mainly these laws are written and set by governing authorities in response to the needs of the public or civil order. (Statutory law - Definition, 2010)
• Case law/Common law – body of law developed over time by higher courts. Laws are c...
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...t is a Fleeting-Target Exception? (2014). Retrieved February 26, 2014, from Answers: http://wiki.answers.com/Q/What_is_a_fleeting-target_exception?#slide=2
What is Probable Cause? (2007). Retrieved February 26, 2014, from Probable Cause: probablecause.org
Wikipedia. (2014, February 18). Criminal Law. Retrieved February 26, 2014
Wikipedia. (2014, February 24). Fourth Amendment to the United States Constitution. Retrieved February 26, 2014, from wikipedia: http://en.m.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution
Wikipedia. (2014, Februaury 18). Searches Incident to a Lawful Arrest. Retrieved February 26, 2014, from http://en.wikipedia.org/wiki/Searches_incident_to_a_lawful_arrest
Wikipedia. (2014, January 1). United States Constitutional Law. Retrieved February 26, 2014, from http://en.wikipedia.org/wiki/United_States_constitutional_law
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried. Semayne’s Case and Entick v. Carrington.
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
The Library of Congress. (April 20, 2015). 14th Amendment to the U.S. Constitution. Retrieved from https://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html
As police officers continue their hunt to remove criminals off the street, search and seizure has been an ongoing pursuit. The Fourth Amendment protects our right against an unreasonable search. Just like citizens, police officers have limit caps on what they can and cannot do. Although they try to get away with coercion, our Fourth Amendment plays a crucial role in determining arbitrary and lawful search and seizures. Search and seizure has played an important role in law enforcement over the years and it still continues to shape our criminal justice system.
• Kimberly, M. (2008). Discovering Arrest Warrants: Intervening Police Conduct and Foreseeability. Yale Law Journal, 118(1), 177-185.
A search and seizure is the phrase that describes law enforcement's gathering of evidence of a crime. Under the Fourth and Fourteenth Amendments to the U.S. Constitution, any search of a person or his premises this also includes vehicles. Any seizure of tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement.
“The US Constitution: 14th Amendment.” The 14th Amendment. N.p., n.d. . Rpt. in The U.S. Constitution. N.p.: n.p., n.d. N. pag. The 14th Amendment. Web. 18 Mar. 2010. .
The criminal justice system is composed of agencies and processes established by governments to control crime and impose penalties on those who violate laws. The way criminal justice systems work depends on the jurisdiction that is in charge. Different jurisdictions have different ways of managing criminal justice processes. The components of the criminal justice system are law enforcement, prosecution, defense attorneys, courts, and corrections.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
While watching “Training Day” I was able to identify three criminal charges from Chapter 940, two charges from Chapter 943, and three charges from 946. I also could determine whether each were a Felony or a Misdemeanor, including the classification and punishment that goes with each. I could also explain if the actors could be charged with “conspiracy” or not. I also explained all the elements of the crime as well.
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
The criminal Justice system include agencies such as law enforcement, courts, and prosecution and defense attorneys. Once a crime has been committed it goes through the law enforce first which includes the police officers that investigate the crimes. Then based on evidence they make an arrest and the case goes to court in front of a jury. In court the prosecution and defense attorneys argues to the right of the client and the state. Finally based on the evidence presented and testimonies the alleged criminal goes to prison for however many years deemed fit by a judge.