Criminal Law in the United States Federal law is that which is created at the national level and hence applies to all states, the District of Columbia and other United States’ territories while state law applies in specific states where is enacted. Federal law is founded on the U.S. Constitution which establishes powers of the government, its responsibility and basic rights enjoyed by every citizen. On the other hand, state law applies to residents, visitors and business entities within each particular state. When part of the state law directly conflicts provisions of the federal law, federal law prevails. However, even though state law is allowed to afford more rights to its residents, it cannot restrict or reduce rights of the U.S. …show more content…
However, the federal marijuana laws are generally applicable against people who cultivate, possess or even distribute huge amounts of cannabis. Therefore, under the federal law, cannabis is handled similar to all other controlled substances such as heroin and cocaine. Violation of federal marijuana law calls for steep punishment for persons found guilty. Federal sentencing consider amount of marijuana as well as the past convictions of the involved person. Even though not every cannabis conviction require jail time, they are all eligible for an imprisonment. The enforcement priorities in federal marijuana law are based on stipulated guidelines which do not consider medical cannabis programs. These guidelines include prevention of distributing cannabis to minors, prevention of gaining revenue from marijuana cartels, prevention of transferring marijuana from states where it is legalized to other states, prevention of drugged driving or violence and control of marijuana usage to cover up other illegal activities in federal level. The criminal statutes of Ohio State identify broad types of conducts that are considered illegal and hence punishable by imprisonment, fines or other sanctions. Ohio criminal law include statutes that prohibit battery and assault, domestic violence, child pornography, and possession of marijuana, among other crimes (Ohio
There are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. Different entities create and enact laws that are specific for the societies those laws represent.
State and federal law are in direct conflict in this situation and although the state will not take action against those that they have given the ability to sale and distribute marijuana for medical purposes but the problem that exists with this is that the federal law does not allow the sale of marijuana and they will take action against those that have state permission to establish one of these medical marijuana stores. At the federal level, marijuana remains classified as a Schedule I substance under the Controlled Substances Act, where Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense (NCSL, 2014).
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.
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.
In order to keep a safe society, it is important to establish a nation with
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?
When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.
or she did not nee to record it. If the Government do succeed in the
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.
This paper will describe my understanding of the text and of the lectures provided in the class. Unlike most classes, where I understood only my view of the text, this class was geared so each student would understand each other’s view. 3 An organization is a collective that has some boundary and internal structure that engages in activities related to some complex set of goals. Members of organizations attempt to meet their psychological, ego and emotional needs within the organization. Criminal justice organizations are particularly unique compared to other public or private sector organizations because of the governmental granted authority. Management within these organizations can be defined as the process by
The Criminal Justice System in the United States of America was established with noble intentions. The basis of the system can be traced back from the first book of the Bible Genesis, and the story of Cain and Able. The criminal justice system was established to be morally suitable for a growing diverse society. Moral dilemmas within the system arise from concerns related to principles of officials’ right and wrong behavior. These principles are often embedded into a culture of the human character, in other words, viewed as essential to the criminal justice system. This biblical story mentioned above has defined the way justice has been administered for thousands of years. The quote "Eye for an eye" continues to be the standard
In the United States, the Constitution is the supreme law. No federal law or state law can violate it. Federal laws are also called statutes. They are authorized by the US Congress and must be followed by every state. Federal statues always override state statutes. If there is no federal statute then the state or local laws will be enforced. State statutes are the highest authority in that state
A criminal penalty can take many forms and must meet four criteria: it must inflict pain or other unpleasant consequences, be prescribed in the same law that defines the crime, be administered intentionally, and be administered by the state.
Crimes against people include assault, kidnapping, murder, and sexual attacks. Such crimes usually bring severe punishments. Crimes against property include arson, automobile theft, burglary, embezzlement, forgery, fraud, larceny, and vandalism. In most cases, these crimes carry lighter penalties than the crimes set against the person. Robbery is the crime most difficult to classify. The law considers robbery a crime against the person or against the property, according to the case. Robbery may involve simply stealing property from another person, but when a personal encounter occurs between the robber and his victim, it may include violence and bodily harm. This usually occurs during muggings or other strong-arm robberies.
“Uganda’s criminal laws give judicial officials discretion to decide on the cases they wish to handle and empower them to make phone calls to accused persons to appear before their courts.” With the aid of authorities discuss the veracity of the above statement.