This first week the assignment was to Define crime, its relationship to the law, and the two most common models of how society determines which acts are criminal, Describe the government structure as it applies to the criminal justice system, Identify choice theories and the their assumptions in regards to crime, Describe the components of the criminal justice system and the criminal justice process, Identify the goals of the criminal justice system.
In chapters six through ten of The Collapse of American Criminal Justice, Stuntz talks about the changes that were being made in the criminal justice system, and the changes that can help fix the system. He goes in details when it comes changes in the system, from the courts putting limits on what the criminal procedure, for example, the “exclusionary rule”. Also the mention of the rise and fall of crime across the United States. Lastly, mentioning the famous landmark cases that helped sparked these changes.
10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.
The five principles of a crime are the guilty act or actus reus, the guilty intent or mens rea, the relationship between guilty act and guilty intent, the attendant circumstances and the results. The guilty act or actus reus is the inception of a crime, “this criminal liability occurs only after a voluntary act that results in criminal harm” (Neubauer & Fradella, 2014). This protects Americans from being punished for bad thoughts. The guilty intent or mens rea establishes and distinguishes between the mental state required in committing a crime. This insures that Americans are not prosecuted for innocently causing harm to another. The relationship and union between the guilty act and the guilty intent further distinguishes an act from being
The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person
Is conducted by a single judge to establish if a case is eligible for a trial by jury.
One of the greatest challenges currently facing the American criminal justice system is overcrowding. America has the largest prison
When it comes to Peggy Hettricks case it has been cold for many of decades. This was a mystery case in 1987 and in August 10, 1998 Timothy Masters was charged with Peggy’s death. When reading this case Timothy Masters was released and dismissed of all charges in 2008. When it came to the roles in this case they were very hard to follow in my opinion. The prosecutor had the role to present the State’s case against the defense which he/she had to prove that it was in Mr. Masters knife collection, his drawings, failure to report seeing Peggy’s body, and the time frame of the homicide. Which with that being said that is why he was a
In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact
Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?
The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.
“Move over McKenzie, you’re getting in the way of my gigantic scarf and I.” “You mean that ugly rug you wear around your gigantic head.” asked a girl with curly black hair wearing a navy hoodie. Two girls wearing pink and blue soccer outfits ran right up to the host shouting, “I’m Megan and this is Cassie and we love soccer and ruining each other’s lunches.” After all the contestants unloaded their luggage into the gender-based cabins, Chris announced through the speaker, “Attention all Contestants, please meet in the Mess Hall for Team
Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. ( 1968 by Herbert L. Packer.