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Archive for August, 2007

08 18th, 2007

Through life, everybody finds out sooner or later that every action you make has a consequence, whether it is good or bad. If you touch fire, you get burned. If you feed a plant, it grows. The same principal applies for the law. If you break the law and get caught, you face the consequences. And the consequences you receive all depend on the severity of the law that is broken.
            The punishment criminal’s face differs in many aspects. The punishment can be different in different cities, different states, and even different countries. In the United States, if you commit a certain crime and go to jail, whatever the crime may be, you are look upon as the scum of the earth. In places such as Germany and France, depending on the offense, prisoners receive good health care and even paid vacations. In the U.S., the best thing you get is the privilege to maybe play basketball.
            The punishment you receive in the United States depends on many factors. If you have a criminal background, if you are a first time offender, and especially the crime you committed. In many states, if you murder someone, or even rape someone, you get the death sentence. This shows you how harsh America’s punishments are.
            One state that still uses the death penalty is Florida. An article posted on August 2, 2006, tells how three criminals beat six people to death at one of the convict’s girlfriend’s house because she would not give back his X-Box. When the criminals went to trial, the juries verdict came back saying that two of the three men are sentenced to death by lethal injection and the other man sentenced to life imprisonment.

          

      Even when someone is condemned to the death sentence, it may take years for the courts the carry the sentence out. The average stay on death row in Florida is 12.83 years. In Florida, we use lethal injection and the electric chair to carry out the sentences. Waiting almost thirteen years knowing you await death eats away at you. By the time the sentence is going to be carried out, you are happy it is coming to an end.


08 15th, 2007

 

The United States of America has improved its criminal law and justice system in a major way and grown in so many ways over the years. The ways in which it has changed is to better the system to make it easier to catch criminals, the US has developed classification of crimes and element of criminal responsibility. Classification of crimes has to do with whether or not the crime is criminal, civil, and moral responsibility felonies, misdemeanor and petty offenses. While the elements of criminal responsibility includes the physical act, which could mean voluntary action, thoughts versus acts, omission as act, words as acts, or possession as an act. While the second part of the elements of responsibility includes the mental state, which is a specific intent and general intent, transferred intent , model penal code classifications of mental state and the third part which is causation and concurrence , which include cause in fact , and but for tests, proximate and intervening causes and concurrence of elements. In the United States and other places over the world, they developed a system called the law which is a rule of conduct or procedures established by custom, agreement or authority. In the U.S lawmakers distinguish between two types of rules, which is religious and moral values and rules created by government to protect individuals and promote social welfare.

The criminal law and justice system has been around for quite a long time and will do nothing but get better in what it does: keeping law breakers off the street, controlling and preventing the crime rate and social harm against the society.  It will continue to protect the people and their rights as citizens in the United States of America.


08 15th, 2007

 

There are two parts that makes up the punishment law, which is the retributive theory and the utilitarian theory. The retributive theory is a justification for punishment based on the theory that a wrongdoer deserves punishment sake and utilitarian theory is a justification for punishment based on the notion that a social practice is desirable if it promotes the greatest good for the largest number of people. (Garland, Norman).

The criminal justice system can be viewed from at least three perspectives which are a social system, a body of legal rules, and as an administrative system. There are also structures of the system that includes law enforcement, which are agencies in the United States which is the police force that includes police departments in cities, sheriffs departments in countries, state police and state bureaus of the investigation comprise, the largest number of law enforcement officers in the country. They are responsible for prevention, which is carried out by low ranking officers, detection which is usually performed by specialized squads, which consist of older, more experienced and higher ranking officers.

Prosecution and defense , the court system which are federal courts and state courts , juvenile court and a main court which is known as the supreme court. Like a lot of things there are limitations, well criminal law has constitutional limitation. Any state or federal law that violates the constitution is legally unenforceable and will be declared invalid.  (Garland, Norman). The US constitution which is known as the bill if rights protect people that they have as citizens. It is stated that everyone should be given due process, which is the multiple criminal justice procedures and process that must be followed before a person can be legally deprived of his or her life, liberty, or property. Due process clauses of the fifth and fourteenth amendment require that the law provide fair notice which requires that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly. Due process of the fourteenth amendment states that criminal statues cannot be vague, ambiguous, or overly broad. The criminal law has a individual due process rights which include the first amendment which state the freedom of speech, free exercise of religion, freedom to assembly and the second, fourth, fifth, sixth, and eight amendment that gives us our rights.


08 12th, 2007

 

Criminal law which is also known as the penal law is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.  (Wikipedia). The purpose of criminal law is to prevent and control the crime rate in the United States. Criminal law involves the violations of public rights and duties, which creates social harm. Much of the criminal law was reformed in England which the US was influenced by the utilitarian legal philosopher Jeremy Bent ham, who recognized the law of crimes according to the amount of social harm they caused. As a result, the law of crimes in most American states has been recast into more or less coherent penal code. (Garland, Norman).

The Criminal law system has many different parts to it, they are laws that were created by the judicial option, which historically came from America’s colonial and English past which is known as common law, but has set precedents that are still sometimes followed today. There are four theories of the criminal justice which is punishment, deterrence, incapacitation, and rehabilitation. (Wikipedia).

The criminal law developed from this foundation through interpretation and elaboration of the concept of violence until crimes were recognized in such specific categories as homicide, robbery, arson, and assault. The emergence of modern criminal law, which become statutory law that is law created through the American state and federal legislative, which eventually replaced the common law. Today virtually all criminal law is statutory law; this means that crimes are defined by the legislatures of the states and the federal government.  (Garland, Norman).

The criminal law and justice system was not only created for the government it was also created for the benefit of the people and society. The law seeks that sanction only those persons who intentionally violated the criminal law, under circumstances that a person or persons punished which is when an agent or government, using authority granted by virtue as of lawful criminal conviction, intentionally inflicts pain, loss of property, or some other pleasant consequences on the person who has been convicted.


08 9th, 2007

 

There are also structures of the system that includes law enforcement, which are agencies in the United States which is the police force that includes police departments in cities, sheriffs departments in counties, state police and state bureaus of the investigation comprise, the largest number of law enforcement officers in the country. They are responsible for prevention , which is carried out by low ranking officers, detection which is usually preformed by specialized squads, which consist of older, more experienced and higher ranking officers.
 

            Prosecution and Defense, the court system which are federal courts and state courts, juvenile court and a main court which is known as the supreme court. Like a lot of things there are limitations, well criminal law has constitutional limitation. Any state or federal law that violates the constitution is legally unenforceable and will be declared invalid. The u.s. constitution which is known as the bill of rights protect the people rights that they have as citizens it is stated that everyone should be given due process, which is the multiple criminal justice procedures and process that must be followed before a person can be legally deprived of his or her life, liberty, or property. Due process clauses of the fifth and fourteenth amendment require that the law provide fair notice which requires that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly. Due process of the fourteenth amendment states that criminal statues cannot be vague, ambiguous, or overly broad. The criminal law has individual due process rights which include the first amendment which state the freedom of speech, free exercise of religion, freedom to assembly and the second, fourth, fifth, sixth, and eighth amendment that gives us our rights.