Criminal Law Evaluation

Criminal Law was essentially set up by the legislative and Congress, and includes the sentences by which individuals who violate the laws will be punished. A case will begin when an offense has occurred. Law enforcement will begin their process of investigation and gather evidence against the person who had committed the offense. Offenses are categorized as a summary of crimes, misdemeanors, and felonies. There are five categories of the violations of criminal law that can be categorized as either: felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses (Schmalleger, 2015).

Criminal statutes are enacted by federal and local governments in order to deter criminal behaviors and activities in order to protect citizens. Laws and statutes were developed in order to ensure that citizens act in an appropriate manner or face the consequences of their actions. They also reflect expectations of appropriate and inappropriate behaviors that have been set for local, state, and federal governments.

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.

The OED defines crime as: An act punishable by law, as being forbidden by statue or injuries to the public welfare… An evil or injuries act; an offence, sin; esp. of a grave chapter.

The film describes a crime as being a violation of public laws which are the laws imprinted in the constitution and the law book of our society. According to the text Criminal Justice in Action, a crime can be defined as an action or activity that is considered an offense against society that is punishable by criminal law and sanctions based on laws. In the film, there are two different classification of crimes: a misdemeanor and a felony. Misdemeanors are petty crimes that can give you a punishment of less to a

An actual crime would be breaking a law that is already familiar. To place someone under arrest for thinking or behaving badly is not in the Constitutional rights and the police and prosecutors must enforce the law. Ignoring a violation of the law is against the law. If a police officer sees or has personal knowledge of a crime it is their duty to fight diligently against the crime to the best of their ability. The same goes for prosecutor’s office, they cannot decide to avoid prosecution of an offender if they have the evidence to prosecute.

As a general rule, crime involves combination of act and criminal intent. A crime is committed when it is acted upon with a criminal intent. An act of crime without a criminal intent is not a crime. Once an idea of a crime has been communicated and planned out it is considered a conspiracy. A conspiracy is a crime. The crime is justified due to

When looking at the facts of this story and seeing what Calvin is being charged with, he may be charged with solicitation and homicide but not with conspiracy. The reason he may be charged with solicitation is because under Texas Penal Code § 15.03 criminal solicitation

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.

A) Criminal conspiracy is an agreement between two or more parties with unlawful intent. The government must prove 1) a shared purpose 2) an intent to attain an unlawful goal and 3) an agreement to accomplish said goal. The crime does not require specificity of a plan or further actions to enact said plan, only requiring an agreement to be made.

Laws tend to make the lives of every individual safer and pleasant. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. How these safeguards to the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel will have on the day- to- day operation for juvenile and adult courts.

Accord the text of Criminal law, chapter 2, page 88 mentions the definition of conspiracy such is, the action of two or more people in common accord to commit any kind of crime against someone, in other words conspiracy crime must to be compose of more than one person related in common accord to make a crime against someone.

A suspect can be convicted of many different crimes, but the crimes that are the most interesting are called inchoate offenses. An inchoate offense is a type of crime done by taking a illegal step to the commission of another crime. The inchoate offenses are attempt, solicitation, and conspiracy ("Inchoate offense | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute", n.d.). Solicitation is one of bottom inchoate offenses, meaning that it does not take much for a suspect to be found guilty of solicitation. Prosecutors must be able to prove two things to be effective in convicting a suspect of solicitation ("Criminal Solicitation Law & Legal Definition", n.d.). The first thing a prosecutor must prove is that a person

There are eight essential factors that are found every crime and therefore make up the legal concept as to what crime is. The eight concepts are actus reus, mens rea, concurrence, causation, harm, legality, necessary attendant circumstances, and punishment. Actus reus means guilty act, or any act that is in violation of the law. This term describes the physical not the mental act of committing a crime.Omission to act is also represented under this act, for example child-neglect where a parent or guardian does not fulfill their duties that are afforded to a child. Another part to this is also threatening to act which can be criminal as well. If you tell someone that you’re going to murder them can get one into trouble because threats, especially those against the president, are taken very seriously.Attempted murder is also illegal even if it is not accomplished if one is caught in the act or of doing the act then they can be arrested. Conspiring to commit an illegal act and that can be proven is illegal as well. One example is if you were to have this elaborate plan to rob a very prominent bank and you are communicating with people and making plans of the building then that is enough to get you in trouble for conspiring. These are the concepts that fall under actus reus . The next idea of crime is mens rea which is kind of like partner to actus rea. Except mens rea is the state of mind that accompanies a criminal act.There are four types of mens

Furthermore, an offender may be guilty of attempting to commit a particular offence where he does not complete the full offence, but has taken sufficient steps for his conduct to be classed as criminal by law. An attempt is a statutory offence and is charged under S.1 (1) of the Criminal Attempts Act 1981. Which stated that “a defendant is guilty of attempting to commit an offence if the defendant take steps which are more than merely preparatory towards the commission of that offence’’. S.1 (4) of the Act also stated that, “a defendant may only be convicted under the Act of an Attempt of an indictable offence (i.e, an indictable only offence or an offence or an offence triable either way). A