Chapter 4 of the textbook talks about criminal law, it explains the types, categories, features and elements of different crimes. This chapter gave us the general ideas of how the criminal law works, it also creates an understanding of how criminal charges are determined using various categories of law, features and elements of crimes. In this paper, I will discuss the five points from this chapter that I found to be interesting, useful and important.
The first topic that I would like to discuss about is The Rule of Law. In the textbook “Criminal Justice Today,” Schmalleger (2010) states that: “The rule of law centers on the belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. Under this tenet, no one is above the law.” (p.123). For me, this statement is true for the most part however, it is not entirely true. The case of an Indian Diplomat; Devyani Khobragade, who was the Deputy Consul General of the Consulate General of India at the time is why I disagree with the author’s statements. In December 2013, Devyani was charged with committing visa fraud and giving false statements however, she was protected by diplomatic immunity under the diplomatic law and is now back in her home country. Some might argue that it is out of United States jurisdiction and there was nothing we could do about the case since this case involved the relationships of the two countries, but in my opinion, I think as long as a person is on the American soil, everyone should be treated equally.
Second, I’d like to discuss about a special category of crime called inchoate. In the textbook “Criminal Justice Today,” Schmalleger (2010) defined inchoate offense as “...
... middle of paper ...
...reasonable force varies and depends upon the circumstances. Necessity and resisting unlawful arrest also fall under the definition of justification provided from the textbook and again, depends on the circumstances; however, I disagree with the consent part which also falls under the same category. I didn’t see the examples given to be useful, especially with the definition of justification from the book.
In conclusion, this chapter has helped me to have a better understanding about criminal law including the different categories, features and elements of criminal law. I also understand that laws can be interpreted and even manipulated in many different ways depend on the crimes, factors involved, evidences but most importantly, the people who exercise them.
Works Cited
Schmalleger, F. J. (2010) Criminal Justice Today: An Introductory Text for the 21st Century
The Criminal Justice System and its agencies encounter challenges while trying to perform their daily activities. The system deals with laws involving criminal behaviour. It dwells on three major agencies: the police, courts, and the corrections. Each agency has its own specific and important roles to contribute to society. This paper will explain both the roles and challenges each agency unfortunately battles.
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
For this paper I will critique several theories of criminal justice. This will include a brief overview of each theory by also including its strengths and weaknesses in order to show why each theory is necessary to explain crime. I will then share my thoughts on which theory I believe to be the strongest of the group.
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.
Williams, Frank P. and Marilyn D. McShane, Criminal Theory: Selected Classic Readings. 2nd ed. Cincinnati, Ohio: Anderson Publishing Company, 1998.
In every country there is a need to shield, guard and protect people and their properties. The creation of laws is an indispensable form of protection and the establishment of a system to apply and to enforce these laws, is imperative. In this work I will be looking at the Procedures in the Criminal Justice System in the UK.
Crime is a highly complex and important problem that changes across cultures and across time. This briefing provides a summary of some of the key explanations that try to explain the causes of crime. It is by no means a thorough list. Each of the explanations covered has its own strengths and weaknesses, has gaps and may only be related to certain types of crime, and not others. There is no “right” or “wrong” explanation to justify it.
Being a leader is not a small feat. A leader must gather, than motivate a group for a common goal which may pose as a difficult task at times. Various personality types will deal with conflicts within a group in diverse ways. Humans are engrained with the fight or flight reflex. A person’s personality may shape their conflict resolution skills and improve relationships within a group. To be an effective leader an individual must be mindful of their personality; this will enable them to become more comfortable when dealing with conflict within their group. A beneficial tool called the DISC personality assessment which is based on the theory of psychologist William Marston (1928). This theory was established between four different personality traits which include: Dominance, Inducement, Submission, and Compliance. A leader can learn to use their personality to resolve an inevitable conflict within a group.
At first thought, we associate laws as prohibited activities and lawyers as people who have high quality suits and expensive brief cases. However, law is not nearly as simple as it appears to be on the surface. There has been no time within human civilization where law was not present. Implementation of laws can be recalled back to New Testament times in the Bible where murder was a condemned crime that would be punishable by death. Law is defined as the principles and regulations created by a community or some authority applicable to its people. If we did not enforce laws or punishments, how many more crimes would be committed on a daily basis? In this paper, I will be discussing what Criminal law is, its historical contributors and its
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
While the study of criminal justice and the formation of criminal justice theories are largely molded by several other disciplines such as psychology and sociology (Wellford, 2007), the study of criminal justice has grown and it is time for it to stand alone as its own scientific discipline. Crime theories are developed through studying individuals and assessing as well as their environment and other social aspects. These theories are then used to help form policies in order to deter the individual or group from committing further crimes. Criminal justice theories are not only used for crime but there are also theories which aid criminal justice personnel in the application of the practices that they use. The criminal justice policies are implemented
Lippman, M. (2012). Contemporary Criminal Law Concepts, Cases and Controversies (3rd ed.). [Vitalsouce Bookshelf version]. Retrieved from http://online.vitalsource.com/books/9781452277660/5/3
During the evaluation of the events in each topic area there are some legal terms that may need to be defined. These terms may also be defined differently depending on the state that the event occurs in. At the end of this paper there is a list of definitions that describe what a certain legal action could mean. All forms of government view these definitions similarly, however, each state may have differing consequences for each of the crimes.
certain acts and persons become fitted with the label `criminal’ i.e. the process of crime interpretation by the courts
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law