The Case Of Regina V. Kennedy

As technology advances, the world is forced to adapt as an increasingly quick pace. Specifically, our justice system must consider the constitutionality of surveillance and other information gathering techniques and how they coincide with current interpretations of the Fourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutional and does not violate the Fourth Amendment; a decision that will

Crime have existed over many centuries, different eras affect the flow of crime and within those eras. Furthermore amongst individuals, there was different way of thinking into how to reduce and eliminate occurred. The act of crime cannot be eliminated, as different individuals have different perspectives of crime and for theses reasons, have different methods of advocating and eliminating crime. This essay will firstly explore the views of Classical Theory, by looking at Cesane Beccaria, the father of Classical theory and Jeremy Bentham, the founder of Utilitarian and explore how there influences are incorporated into laws and regulations, around the world. Secondly, Positivism theory explores the biological, psychological and environment

This essay is going to discuss the causes of crime and evaluate the theories of criminalisation using one theory for each of the following themes. The themes are labelling and deviant identity of criminalisation, theory of delinquency and criminalisation, theory of political economy and criminalisation, and finally radical theory of criminalisation. This essay will also show some of the weaknesses of each of the theories used for these themes.

Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring

The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose

In society, things are not as they seem at times. The criminal justice system was created to help deter crime and to punish those who break the law. Laws are put in place to be fair to all citizens. Your economic situation, gender, race should not become a factor for you to be given “due process”. Years have come and gone and the crime rates increases and decreases with the years. There have been many senseless killings and everyone has their point of view as to the causes. The focal point of this report will be the findings from the readings of, “The rich get richer and the poor get prison by Jeffery Reimer and Paul Livingston”. I will discuss the causes of the rise and fall of the many different types of crimes ; why the rise and fall of crime rates; what contribution has the criminal justice and or police system has contributed whether positive or negative; and lastly discuss which economic group ends up in prison and why.

In the case of Kennedy V. Louisiana Patrick Kennedy was found guilty in raping and sodomizing his eight-year-old stepdaughter in a Louisiana courtroom. Mr. Kennedy refused to plead guilty and stated the crime was committed by two young boys from the neighborhood. He was convicted sentenced to death 2003. On March 2nd 1988 the victim sustained severe injuries; the injuries required emergency surgery because the rape was so brutal. Louisiana law authorized capital punishment for the rape of a child twelve years and younger. Mr. Patrick Kennedy challenged his sentence under the eighteen amendments as cruel and unusual punishment. The Louisiana Supreme Court declined the challenged that the death penalty was not too harsh for such a wicked crime. In a Supreme Court decision Coker v. Georgia 1977 the United States Supreme Court concluded that capital punishment for rape of an adult women was not applicable if the victim is a child and if it did not result or contemplated in result of a death. The court discussed a number of Supreme Court case related to child vulnerability and the death penalty. In the case of Roper V. Simmons the court ruled that the death penalty could not be applied to a person if the crime was committed when they were under the age of eighteen. In another case, Atkins V. Virginia the death penalty could not be placed on a mentally ill person. The petitioner Kennedy argued that in all these cases they do not establish conformity.

In December of 1856, the U.S Supreme Court released its final verdict on the Dred Scott vs. Sanford case. This is one of the most notorious Supreme Court cases in American History, as it was a former African American Slave seeking to free himself under the Missouri Compromise. To fully comprehend this complicated court engagement, it is best to provide initial background information for the two individuals before discussing the case.

The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The

The traditional criminal justice system is criticized for its neglect of victim importance and needs, for example (Symonds, 1980) acknowledges, that the criminal justice system is concerned about looking back at the event rather than focusing on how to rehabilitate and as a consequence making victims be in a ‘secondary victimization’ effect. This is the attitudes, behaviors and the beliefs of the people in the criminal

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.

The article begins with defining and analyzing the concept of criminal liability and omission and their actual status in law context. The article defines the term omission as; an omission is a properly applied only to fail to do things which there is some kind of duty to do or, at least, things which it is reasonable to expect a person to do on the basis of some relationship or role.Then it raises the question about the scope of these two concepts in a legislature and common law settings and sees the scope of duties as the major question for the legislature and presents different arguments regarding the offenses of omission. There is given different identification of the concepts in a practical sense and the extent of the difference that lies between them.These both of the concepts are taken into practical and social contexts where many activities are said to be regulated by criminal offenses .The different views are taken and examined in different social, practical contexts with their potential implications and differences. After defining, analyzing, and examining the concepts into their full and context and treating each concept individually, for instance, conventional view its individualism its relations to social responsibilities, language etc. Whilst, it also has been suggested that law mechanism needs to expand its view regarding “social responsibilities”. At this point, the social responsibility view mentioned, because no reason is found that justifies the acceptance

As a part of this relationship individuals gave up some of their liberties in the interest of the common good, with the purpose of the law being to ensure that these common interests were met. For Beccaria, this meant that the law should be limited and written down so that people could make decisions on how to behave. More importantly, punishment was to fit the crime not the individual and was to be certain and swift (Williams & McShane, 2010). Offenders were to be seen as reasonable people with the same capacity for resisting offending behavior as non-offenders. The guiding principle of the criminal justice process was the presumption of innocence; and in this general framework punishment was to be seen as a deterrent to criminal behavior. The central concern of the law and the criminal justice process was therefore the prevention of crime through this deterrent function.

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