Germany's Criminal Justice: Comparing the Statutes Between Two Countries

Second, the defendant must show that the errors made by counsel prejudiced the defense. This means showing that counsel’s error were so serious as to deprive the defendant of a fair trial, or a trial whose result is reliable (Strickland v. Washington, 466 US 668, 104 S.Ct. 2052, 80 L.Ed. 2d 674 (1984)

Every country in the world has its own policing system and the criminal justice system of a nation tells us a lot about how is the country law and the police system. If the criminal justice in the country is very intact that will make the police work organize and make things work effectively, especially the overall law system of the country. This will help reduce crime rates and fix them up if any of such things escalate in the country. Anyway, i will compare and contrast the policing aspects of the criminal justice systems of the United States and Germany. United States geographically consists of 50 states which are situated in North America between Mexico and Canada. Area wise it is the third largest country of the world after Russia and Canada. The capital of the country is Washington DC. Its total covered area is 9,826,675 square kilometers. Its over all population is approximately 318,892,103 in which the females are more than the males. Germany on the other hand is situated in the westerm region of Central Europe with an overall area of 357,022 square kilometers. The capital of the country is Berlin. The estimated population of the country is about 81 million. The German judiciary system is all about a whole system which is set up of courts which applies the overall law within Germany. It is a civil law oriented system in which the highest code of law is the 1949 Basic Law for the Federal Republic of Germany that is the constitution of the country. The

The number of deaths that occurred due to the national socialist regime in Germany is truly massive: up to six million Jews, seven million Soviet citizens, three million Soviet prisoners of war, 1.8 million Poles, 312,000 southern Slavs (Croats, Bosniaks, and Serbs), 250,000 disabled persons, around 200,000 people of Romani descent (Gypsies), 2,000 Jehovah’s Witnesses, and an undetermined number of homosexuals and political opponents (“Documenting Numbers of Victims of the Holocaust and Nazi Persecution”). Leaders of the victorious Allies realized that the Nazi soldiers and leaders responsible for these deaths would need to be punished. This duty to punish the guilty evolved into the postwar trials, which influenced the way

“Decisions concerning the award of counsel fees rest solely in the discretion of the trial judge. The proper exercise of such discretion is determined by evaluating the judge 's application of the statutory criteria set forth above as well as the consideration of the facts of the particular case. Consideration of the statutory criteria is mandatory in making the award and failure to do so constitutes legal

Criminal procedures are safeguards against the indiscriminate use of criminal laws and the cruel treatment of alleged criminals. In detail, they are designed to impose the constitutional rights of criminal the defendants, starting with initial police contact and continuing through arrest, trial, investigation, sentencing, and appeals. The purpose of this essay is to discuss the difference between a misdemeanor and felony, speedy trial for misdemeanors and felonies, and the Speedy Trial Act of 1974.

The debates over the nature of law have long known as the magnet to attract social controversies within the academia, where the enthusiasm in public sphere about morality’s role in laws often lead to criticism on the legal system’s ability to recognize what counts lawful and unlawful, and the questionable legal decisions that were made in real-life cases. Legal philosophers, such as Hart and Fuller are divided in their perspectives on identifying whether or not the legal system during the Nazi era was legitimate. I support Hart’s idea that while the Nazi Germany’s laws might not seem justifiable, they are nonetheless, defensible laws. Fuller, on the other hand, claims that based on the moral values of these regulations,

There many different criminal justice systems in the world today. Some that consists of many of the same policies and some that are considerably different. In the case of France and the U.S. there are a lot of similarities, but I will be focusing on the differences between each of their systems. The aspects that I will be comparing are police, courts, the legal profession, legal education, criminal procedural law, corrections, and juvenile justice and the advantages and disadvantages of each.

The Nuremberg Doctors Trial of 1946 is the preeminent case recognizing the importance of medical ethics and human rights specifically about human research subjects. The defendants in the trials include Nazi leadership, physicians, and investigators prosecuted for conducting unethical and inhumane medical experiments on civilians and prisoners of war resulting in extreme pain, suffering, permanent injury and often death. The Nuremberg Code, borne of these trials, establishes ethical guidelines for human experimentation to ensure the rights of subjects in medical research. Herein, this writer will first identify and discuss ethical dilemmas presented in the Nuremberg case followed by three

The defense counsel or defense attorney represents the rights and interests of the perpetrator. They are established by the American Bar Associations General Standards of Conduct who use their courage, devotion, and skills to protect the rights of the accused. There are four types of defense attorneys: Public defenders-they hired and paid by the government to represent those who cannot afford an attorney; Contract defense services-consist of a group of attorneys who have entered into an agreement with the county to represent defendants for specified amount of money; Assigned defense counsels- counselors who are on a list willing to be appointed to represent indigentt criminal defendants. The fourth defense attorney is the Private defense counsel.-he or she represents those defendants who are capable of paying for their services.

Germany invade the Netherlands on May 10, 1940, a couple days after the surrender of the Netherlands, Germany and the Nazi party placed strict anti-Jewish measure and laws against the Jews living there. The Nuremberg Laws were a prime example of anti-Jewish laws placed on the people, “These included firing Jews from their jobs as well as forcing them to take a census and register their businesses with the government” The laws required all Jewish owned businesses to Aryanize, which meant to give control and jobs to white non-Jews. On top of Anti-Jewish legislation, Jews in the Netherlands experienced torture and violence from the Nazi party. Many Jews were murdered and hundreds were sent to concentration camps.

The German court system has a different view of pornography compared to the US court systems. In the US community morality or disgust is used to set the standards for pornography, as well as many other laws, where in Germany they use human dignity. Nussbaum believes that the German court system are superior for that reason. A decision was made in 1981 that a peep show was in violation of the law in regards to it violating a women’s dignity. Within this decision the courts made a clear distinction between the legality of a peep show and a strip tease, stating that a strip tease is allowed because the woman can be seen from different perspectives and allowing her to obtain her dignity. Where as in a peep show the women has been turned into an

Before we get started ask yourself just one simple question, why would a criminal offender waive their right in obtaining a lawyer and advance forward representing themselves during their criminal trial? After we have taken a couple of minutes to process the above question, the majority of individuals will state that there really is no verifiable reason why someone would turn away counsel unless they were mentally incompetent. Over the years, courtroom proceedings have taken place where individuals like Ted Bundy and Colin Ferguson have made national headlines where they both choose the path of self-representation. However, not only do outsiders recognize self-representation can have a huge impact on one’s case, but all the court systems as well have gained a complete understanding that choices like this can affect one’s future. With society growing more studies and statistics are being developed in regards to what a criminal offender is thinking and why they choose to represent themselves in the court of law.

I was formally employed by the Department of Homeland security, Transportation Security Administration from _____to _____. During the time, I’ve been employed with the agency, I’ve been respected by my peers as well as my superiors and have not received any disciplinary action. On ________ at approximately _____am I was driving down _____ and was pulled over by NYPD. I complied with the police officer’s instructions, exited the vehicle, and was given a field sobriety test. Upon failing to successfully complete the test, I was placed under arrest and charged with Driving While Under the Influence. I was taken into custody by NYPD and released on _____.

Throughout Manns journey of researching and writing Judgement of Nuremberg, he found it easy to make connections between early Nazi Germany and the United States at the time leading him to make the connections apparent in his writing. Mann, a military man, read through the transcripts of the Nuremberg trials and could not help but connect what happened to Germany with the McCarthyism present in the United States and raise the question about the chances of what happened in Germany happening to other countries around the world. Connections that Abby Mann made between German and American societies while researching early Nazi Germany and the Nuremberg Trials, like McCarthyism and Nazism, are constantly reinforced in his text so it is easy for other Americans to find the connections and realize that what happened in Germany could easily have happened in a different part of the world.

In the following essay the following issues will be discussed, the application of the principle of sincere (loyal) cooperation with regard to the Area of Freedom, Security and Justice. Next, the question of whether it is sufficient that the Member State in question adopts implementing legislation and how the CJEU has defined the boundaries of the Member States’ obligation. Finally, the application of the principle of sincere cooperation through the Pupino and Commission v Greece case will be examined.