Essays on Criminal Case

The criminal case involved four players who are a C.E.O., a hacker, a stock exchange broker, and detective. All the four players are important in determining how the crime is executed and how the criminals can be found easily. The case is on the facts that there is an insider trading scheme that involves the C.E.O. and the stock exchange broker. The scheme is illegal and thus there is a detective involved who is investigation the case. In this case scenario, the C.E.O. is in charge of a company that trades in the NYSE as a securities broker. The ...

Introduction

Trials for criminal cases is important to know the level of guilt or innocence of the accused person. It involves the enforcement of public codes of conduct as represented in the rule of laws as supported by the government’s prosecuting institutions or individuals. In general, the criminal case trials, there are efforts to bring criminal charges against the individual who allegedly committed a crime against another person or group of persons. However, the trial process itself is not as easy as it sounds. There are procedural steps that are normally being followed in a criminal trial, which will ...

Application of strain theory to the criminal case for Beverly Allitt

Application of strain theory to the criminal case for Beverly Allitt

Background information on Beverly Allitt

Beverly Allitt is a British female nurse convicted of murder and attempted murder charges in May 1993 after killing four babies and attempting to kill nine others (Marks & Richmond 2008). Her early life demonstrated incidences of attention-seeking through unconventional means such as causing injury to others or feigning illnesses. The height of her pretence was witnessed when she caused the surgical removal of her otherwise perfectly functioning appendix which she insisted was interfering with the healing of a scar she had self-inflicted. On occasions, she would tie a ...

Perhaps the oldest element of the criminal justice system are the courts. To be sure, it goes without saying that with the courts, the criminal justice system would cease to function (Kaci, 1998). One of the more commonly understood roles of the court in the criminal justice system is its involvement in the determination of the guilt of innocence of the defendant. In this role, the court stands a neutral referee in the contest between adversaries, namely the prosecution and the defense. In other words, the court enforces the procedural rules and regulations involved in the investigation and litigation ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Introduction

There are a couple of important fundamental differences between a criminal action and a civil action. One of the most apparent differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or a group of individuals. Another fundamental distinction between a criminal and civil action is that the parties go to the court. In a criminal action, the prosecution represents ...

The use of biometric evidence in executing criminal justice has gained reputation throughout the world as a result of rapid advancement in technology. In essence, biometric recognition entails the use of biometric equipment to recognize individuals through their biological characteristics (Sanders et al., 2010). Bio information of a person is captured and analyzed for use in identification. Some examples of bio information include fingerprint and signatures. A biometric evidence is the most popular and convincing method of confirming the identity of a person (Reedman, 2015). The criminal justice system uses different biometric characteristics to identify criminals depending on the ...

There are two types of offenses that an individual (i.e. a defendant) may be charged with. The first one is a civil case and the other one is a criminal case. Civil cases are charges that are based on allegations that an individual or an organization (i.e. corporation or a government-related entity) has failed to fulfill his legal duty leading to damages or lost opportunities. Criminal cases, on the other hand, are where an individual is charged with an indictment for serious forms ...

The term de minimis is an abbreviated form of a Latin term “de minimis non curat lex” which loosely states that the law does not care for small things. It refers to the legal doctrine where a court adjudicating over a matter refuses to be drawn into trivial matters or to consider petty matters. This common law concept was expressed in the English decision of the “Reward” in the year 1818 and also restated by Justice Robert Seigmann of the Illinois Appeal Court in the case of People v Durham.In a law suit coming for adjudication, the court applies this doctrine ...

The court that I visited was the Boston Municipal Court which was located at the Government Center T stop on the Green Line. The name of the judge was Honorable Charles R. Johnson. The hearing that I attended was a criminal case involving theft. The defendant was present. He was about 30 years of age and was charged of stealing the money from a grocery store. There was a witness who testified before the court and was the cashier during the time the defendant stole the money. The cashier was a 25 year old girl who was on duty when the crime took ...

Introduction

The place of woman in terms of writers’ movement during the second half of 20th century was quite significant. For women, their activity was really of paramount importance, since during that period they had a freedom of choice. This freedom could be understood as fighting sexism; the thing is that the clear redefining of the women’s role in society aided them to get rid of discrimination. The women writers of that period were known to be famous mostly for their essays, novels, short stories and fiction. This epoch is called Female Period, which was the result of previous Feminine ...

The Indian ambition of prosperity in the post-independence era led to the path of industrialization. As a matter of caution and to avoid the perils of an absolute communist or capitalist economy, the leaders of independent India chose a middle path, i.e., to allow private companies to operate but with government control. The opening of the economy witnessed allowing setting up of industrial units by private companies but subjected the same to license raj. The ineffective implementation of the government controls resulted in one of the worst industrial disasters known to mankind.

THE COMPANY

Union Carbide (India) Limited was in operation in India ...

Criminal Law

The legislation’s development of a certain country is bound up with the development of its national system and society order. The legal system in the United States closely follows the national system of government. Every state along with its government’s order has a State Constitution which in some cases dissents from the Constitution of the United States and gives grounds for additional, unnecessary and expensive trials. Such is the case Griffin v. California (1965) in which the difference between the two Constitutions (Federal and Californian) caused an additional trial of the Supreme Court of the United States to decide ...

Individual Rights

Individual Rights Individual Rights vis-à-vis Social Order Individual rights pertain to the liberties and freedoms embraced in the human rights of every person. These rights are validated, confirmed and guaranteed by the Bill of Rights and the Constitutional amendments. These rights include the freedom to practice (or not) religion, freedom of speech, freedom of the press, freedom of assembly, freedom of petition, right against self-incrimination, right against self-incrimination, right to due process, and other rights granted in criminal proceedings (US Constitution). In democracies, such as the United States, individual rights play a significant role in society. Social ...

Clara Harris and the Deadly Drive

1.) This involves a criminal case since Harris has been charged with first-degree murder which is punishable under the Texas Penal Code. 2.) Harris committed the crime of capital murder after killing her husband when she ran over him with her automobile. The acts of Harris fall within the definition of capital murder under the Texas Penal Code. 3.) Under the Texas Penal Code, Harris committed the crime of capital murder when she killed her husband by running him over using her automobile. Harris had intentionally and knowingly caused the death of her husband when she ran over ...

Introduction

The quest to bring justice in highly democratic and constitutional societies like the US is on many occasions a double-edged sword. While many people and indeed the constitution provides for privacy and freedoms under the Fourth Amendment and other related sections; increased complexity of crime calls for a certain level of intrusion into people’s privacy in order to ensure a safe and just society. The Federal Wiretap Act (1986) is a delicate Act that is premised on fighting crime through eavesdropping of communications. Scope of a wiretap order and possible constitutional violations of extending an original court order The Federal Wiretap Act ...

The Burden and Standards of Proof

It is now trite knowledge that no case, civil or criminal, can fully, rationally and satisfactorily be dispensed by the courts, tribunal or arbiters without some element of persuasion from both or all the parties involved. This duty or onus on a party to persuade the arbiter; be it a jury, a tribunal, committee or an arbitrator is referred in law as standards and burden of proof. It prompts a party to a dispute to, by way of evidence, prove or disprove a fact in issue. A ‘level of proof’ continuum refers, therefore, to a system used to determine who between or among parties to a dispute ...

Miranda V. Arizona and Terry V. Ohio The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

The right against self incrimination is an international human right that is guaranteed to an accused. This right is always embodied in the criminal procedure that is adopted by various nations when prosecuting criminal cases. The right against self incrimination includes the right of an accused not to be compelled to testify against himself or to confess his guilt to a crime of which he is being accused of. Every juror must, as compliance to the procedural due process, respect this right accorded to an accused as a basic human right enshrined in the international bill of rights. Thus, a juror cannot ...

The System its bases is common law practiced in England and Wales.

Murder Murder is the most serious crime known to the criminal law which is punished by mandatory life sentence though it is also accepted that deaths can be a result of a unintential act. Murder is described as the unlawful killing with intention to kill a living human being though it can be reduced to manslaughter. Homicide is categorised in three main ways which are murder, manslaughter and infanticide whose sentencing varies. The English common law has no definition in a statute though its punishment can be prescribed in law. The definition continues to be a matter of the common law. The ...

Affiliated Institution

How you would respond to towards the question, answers there are so many factors that influence whether a criminal transgression will be tried by the state or federally, and it can get somewhat confusing. I hope everyone reads your post because you were able to put it in a way that anyone could understand it - I tried, but I was all over the place in my attempt. There are many reasons as to why a criminal case can be tried in a federal court and not a state court; one of the main reasons is the magnitude of the crime. This is ...

There exist numerous classifications of narcotic drugs in criminal law. Despite the ability of narcotics to relieve pain by depressing the central nervous system, all narcotics do not affect the body the same way. There are some narcotics that are accepted for medicinal use, while others are described as illegal drugs and substances. For example, “The U.S Drug Enforcement Agency (DEA) divides narcotics into scheduled classifications (one through five) based on the potential for abuse and medical use” (Ray & Dhawan, 2010).

Under the US Controlled Substance Act 1990, narcotic drugs are classified in four Schedules.

The required forensic evidence needed to obtain a conviction in a drug case

There are provisions ...

Right to counsel

Criminal law refers to a body of rules that deals with crime. It defines the actions that are constitutionally allowed because they jeopardize, harm or harm the safety of the people who commit them. During the criminal case proceedings, a defendant is entitled to the right to counsel or self representation. Meaning, a defendant may either opt to be represented by a legally empowered law expert (attorney) or represent themselves in the court of law (Israel, J.H. et al., 2003).

The history of the right to counsel can be traced to the colonial era. Many historians believe that this practice formally began in ...

Introduction

Marder (2005) reports that jury trials are commonly used in the criminal trials in the common law legal system. The United States is famous for its consistence use of juries over bench judges in criminal legal tussles. The use of juries has extended to include civil cases in the United States and Canada. The jury process in the United States tends to be high profile discussions. However, legal scholars admit that the public exaggerate how often juries are used. Marder (2005) adds that, in the United States, there about 150, 000 thousand cases every year in the state Courts. ...

Philosophy is the study of the types of punishments that government imposes on individuals who participate in criminal offences. Punishment philosophy entails an intensive analysis of punishment procedures and their effectiveness in rehabilitating the victims that undergo the punishment process. Many philosophers have come up with varying versions that explain the theory of punishment. Some philosophers have come out strongly to detest the act of punishing criminal offenders. They argue that punishment does not help in changing the morals of a criminal. According to these philosophers, punishment can only be effective on criminals who are in their early stages of ...

5th and 6th Amendments

Introduction The Fifth Amendment refers to a part of the bill of rights that guarantees protection against abuse of authority by the government in the court of law during legal cases (Amar, A.R. et al, 1995). On the other hand, the Sixth Amendment refers to the provision in the US law that guarantees the suspects in a criminal case the right to a speedy and public trial presided over by an impartial jury (Martin, F. and B.S.Karp, 2000).

Provisions

Since their installation, these two law provisions have been so instrumental in facilitating the smooth running of the criminal cases in many countries ...

People of the State of California v. Orenthal James Simpson

Simpson was in a criminal trial for murders of Brown and her friend Goldman in June of 1994. Before that he had pleaded to no contest in a charges of domestic violence after he was separated from Brown whom he was paying child support. He was charged with the murder of the two, and he failed to turn himself in and this led to the most dramatic and publicized cases in the history of America. In the end, he was found to not guilty of the murders against the state (Schertz, et al, 1999). The case started as a double murder ...

The judicial process is a long and complex one, often spanning months of complex deliberation. Each step is carefully created to ensure the most thorough, fair and complete examination of a civil or criminal case, and to cover all possible issues and concerns. In this paper, we will go through the complete judicial process step by step to gain a better understanding of how a civil or criminal case goes to court.

Jury Selection

After an arrest is made and an arraignment leads to trial, the jury must then be selected. The selection of a jury is a careful and thorough process, ensuring that a trial gets twelve ...

Introduction

The use of police discretion is a major challenge to the police today. Police discretion is the availability of a choice of options one can take in a situation. Discretion involves making a judgment and a decision, Dempsey J. (2009). The criminal justice system involves various amounts of discretion. A police can sentence a defendant on bail or order the defendant incarcerated until trial. In police, there are huge cases of discretion because the crimes committed by the people are not always the same. The police have to perform broad discretion behind a façade of performing in ministerial fashion. The police use discretion to arrest, ...