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.
A crime is conduct (or an act of omission) which, when it results in certain consequences, may lead to prosecution and punishment in the criminal court. Newburn (2012:8). Crime is usually defined as breaking the law. The government and authorities usually set out laws for its general public to follow and those who break the law will be faced with the consequences of being punished. The behavior codes introduced by the state are examples of codes that influence society. The criminal justice system forces the law and those that break it will be faced with its consequences. Crime is often set aside for the offences that cause harm or injury to the community, individuals or state, The institute of alcohol studies stated that according to the 2011/12 CSEW, there were 917,000 violent incidents where the victim believed the offender(s) to be under the influence of alcohol, accounting for 47% of violent offences committed that year, this represents a rise of 3 percentage points on the previous year [2010/11].
A police officer is dispatched to a call in his jurisdiction for a noise complaint. The police officer arrives hearing very loud music coming from the residence which violates a noise ordinance. The police officer knocks on the front door with no answer so he proceeds to the back door to knock when he observes what appears to be marijuana plants based on his training and experience. The police officer can seize the marijuana plants based on the Plain View Doctrine. “In Harris v. United States (1968), the Supreme Court ruled that anything a police officer sees in plain view, when the officer has a right to be where he or she is, is not the product of a search and is therefore admissible as evidence.”  The
When a law enforcement officer or other public employee is accused of potentially criminal conduct, they may face three different kinds of interviews or interrogations. If an officer is interviewed as a criminal suspect, they have the absolute right to decline to answer any questions, or to insist that they have a lawyer of their choosing to attend the interview. The first is type is during a criminal investigation; the second is during a disciplinary investigation and finally during the course of civil litigation where there has been damages. During a criminal interview, there is no professional, ethical or moral duty to participate especially without the assistance of an attorney to represent the officer under investigation. It has come to a surprise that many experienced officers will waive their right to silence and give the investigators an audio recorded statement. Some of the inexperienced criminals do not make incriminating statements. The motive for cooperation is to avoid unfavorable publicity.
As we get to understand the Sixth Amendment and the impact it has on individuals who are subject to interrogation and their own confessions to a crime, we have to wonder why it is so important for us to understand our rights. There are a few ways that our verbal statements could be used against us once we are placed into an interrogation room and questioned, but why do we put so much emphasis on the important of these types of statements? Before we can explain how the sixth amendments can impact interrogations’ and confessions we first have to understand that before the Sixth Amendment can come in to play, the Fifth Amendment is the one that setup the Sixth Amendment to be addressed,
“You have the right to remain silent. Anything you say or do can and will be held against you in
“(a) Before he is interrogated, a person suspected of a criminal offense must be warned of his constitutional rights to silence and counsel; (b) counsel, including appointed counsel if necessary, must be made available during interrogation; and (c) the suspect may waive both counsel and his right to remain silent by an explicit statement to that effect after warning.” (Elsen, S. H., & Rosett, A.1967, p.646)
The familiar phrases that have become well known by many citizens, regardless if one has been taken into custody or not are taken from a ruling in a landmark case, Miranda v. Arizona. According to Scribd website online, some of the contents contained within the Miranda warnings are, “.…‘you have the right to remain silent, anything you
The difference between a crime and a tort is a crime warrants punishment such, as jail time and a tort provides a plaintive with damages and compensation usually in the form of money (compensatory damages and or punitive damages). A tour protects people who have suffered a loss due to little or no fault of their own. Crimes involve protecting the general population. A crime is more of a social harm and a tort is a civil wrong. Tort cases involve different types of wrongful, culpability, or fault, and define them in varying ways such as intent, recklessness, negligence, and strict liability (Mallor, 02/2015, p. 182). A crime is defined as a criminal wrong, offense, felony, or misdemeanor. A felony is a serious crime such as murder, sexual assault, arson, and drug dealing. A misdemeanor is a lesser offense and includes things such as traffic violations and disorderly conduct. An example of a tort case is the hot coffee case an example of a crime is the OJ Simpson case.
Some information that we found was that if the police suspects that home holds marijuana, then they must first get hold of a search warrant under the Fourth Amendment, if not then the police officers must prove exigent circumstances such as destruction of evidence, hot pursuit, or some other exception that applies. But the number one guaranteed way for this to go smoothly is to get a search warrant by a judge. With that being said the police officers could demand and require what they need from and what they can get from the search warrant. But in order to get a search warrant, the police officers must provide that they have probable cause that there is marijuana in the house. Even though the “Fourth Amendment protects a man’s home, neither
Crime is defined as any behavior that is punishable by a fine, a prison or jail sentence or in some cases both. There are two types of crime. The first type is a felony; the standard definition of a felony is any crime that is punishable by more than one year in prison or by death. The most common felonies are murder, robbery, treason, rape and kidnapping. The second type of crime is known as a misdemeanor. A misdemeanor is usually a less serious crime and is generally punishable by a fine and/ or incarceration in a county jail for up to one year. The most common misdemeanor crimes
The legal definition of crime suggested by Tappan (1947) is agreed by many to be the most precise and clear so far. It states that “Crime is an intentional act in violation of the criminal law (statutory and case law), committed without defence or excuse, and penalized by the state as a felony or demeanour.” Although, it has also met with criticism from others
In general the definition of a crime is an act punishable by law, usually considered an evil act. Crime refers to many types of misconduct forbidden by law. Crimes include such things as murder, stealing a car, resisting arrest, possession or dealing of illegal drugs, being nude in public , drunk driving, and bank robbery. Crime is an act that has been timeless and has been committed practically since the start of time. For example, ever since Cain killed his brother Abel (B.C.), people being charged with witchcraft in the 1600’s, prostitution, to the current crimes of modern day(A.D.). Even though crime has existed throughout time it has progressed and branched out taking many types forms.
A crime is the breaking of certain rules laid out by a society i.e. the Government. Crime is said to be ‘activities that break the law and are subject to official punishment (Holborn and Haralambos, 2000, pg. 330)