Essays on Plea

Music – Song Critic

Introduction Greensleeves is amazingly a beautiful song sung by Loreena McKennitt. The song is from the album “The Visit”. The album was released in 1991. It is one of few most memorable songs for me. The song appeals thousands of music lovers like me for its ultimate romantic feelings. It’s a plea of a lover, who has been rejected by his beloved. I like this song because of its fine combination of romantic and melancholy note. The deep feelings of the lover are accompanied by the perpetual velvet voice of Loreena McKennitt. The way she sings, creates an ...

Introduction

In a criminal trial, a defense team will introduce evidence and theories on the turn of events. The concept is to sell a reasonable story to the jury and save the client from conviction. This approach known as case defense strategies have two classifications. They are defense against an innocent person, and defense for a guilty client. The most popular of these strategies are sleepwalking and amnesia. Juries derive the verdict from expressed emotions and elements of evidence. Hence, defense attorneys often appeal to the emotional aspect of the jury. This paper will analyze two popular criminal cases involving ...

According to video clip 1 The 39 steps is a thriller film directed by Alfred Hitcock whose date of release was on 1st august 1935. Allegory is a political story that can be interpreted to reveal a hidden meaning. The thirty-nine step is one of a fast moving action story. The narrator tries to trace the racial as well as the ethnic discrimination that keep on continually appearing now and then. Hitcock choices in terms of pictures and setting of characters are regarded among the greatest of all time. This is because of the fact that that the nature ...

The anti-Semitic sentiment set in motion by Marlowe’s The Jew of Malta and the near Satanic equation of Barabas had buttressed the plan of a play Shakespeare conceived in the commercial town of Venice with its life-loving gentry. The gentlemen of Venice who paraded themselves in gondolas in the romantic canals and waterways were instantly cut out for popular sympathy and affection, as the very opening seems to suggest. The dolour of Antonio and the volley of indulgent comments and cajoling coming in response proves it beyond doubt. To add to it are the fancies of the wastrel ...

Question Two

There exists a close relationship between the police and the prosecutor that is usually mandated by the law. The prosecutors and the police usually interact during the criminal investigations. Specifically, the prosecutors can request the police to carry out certain criminal investigations by pursuing a given approach of inquiry. Prosecutors and police officers can therefore consult each other in the ongoing cases. In most instances, the consultation arrangement is usually informal and in most jurisdictions consultations between the police and prosecutors do not exist. Generally, the police carry out investigations regarding various criminal incidences in almost total independence. Once the police ...

The prosecutors and police have the common interest cut down crime, arrest criminals and offer fast, sure and particular punishment. Therefore, prosecutors and police are expected to have open communication to facilitate their functions. The two organizations have different responsibilities, but exhibit conflicting views over certain case dispositions. However, their conflicts are considered as evidence for the effective functioning of checks and balances mechanism of the criminal justice system. Therefore, the police should accommodate such checks from prosecutors while prosecutors are expected to provide supervisory functions together with vivid and reasonable explanations. The police are held responsible for their ...

English

The first verse is a plea to God. In the first verse the speaker dresses God directly and makes his plea to the creator. The speaker is of the opinion that the creation is rather extreme from the human being’s point of view. This is clearly visible in the second line of the first verse which says “let less happen.” This alludes to the fact that the speaker is of the opinion that a lot is happening in the world today, and human beings are unable to keep up with and handle the happenings in the world today. Thus, it ...

Introduction

The arrest of the three teenage young men over the murder of the three year old boys in West Memphis Arkansas took place in 1994. The three young men named Jessie MisKelley Jr, Damien Echols, and Jason Baldwin were found guilty and convicted for the killings. Both Jessie and Jason were sentenced to life and on the other hand, Baldwin who was considered as the suspected ring-leader received a death sentence. Later in 2011, the three teenagers presumed an Alford Plea which enabled them to come out of jail as time served. The Alford plea was presumed that one is ...

Strict liability and the insanity defense share some very interesting and ironic components. Strict liability penalizes for “lack of thought or reason” while the insanity defense excuses this “lack of thought or reason.” The law operates quite strangely at times. In regards to the insanity defense, I firmly believe that it should be eliminated because it often excuses the criminal act and can be used as a loophole.

In a criminal case, the act and consequence should be the primary concerns, especially when considering violent crimes or crimes that harm individuals in other ways. However, when the insanity defense ...

a. In the case presented, plea-bargaining agreement is important to the justice system because it de-clogs the cases courts need to address. It helps the court focus their limited resources in more important cases. Siegel, Schmalleger& Worrall (2011) corresponds to a legal term that is considered as a comprise, that is vital for the judicial function. It is an agreement between the prosecutor and defendant parties, where the defendant pleads guilty to several aspects of the charges. The defendant will plead guilty to a less serious charge or charges and, as a result, the other aspects of the charges will be dismissed ( ...

Question One: Four Modern Sentencing Options

Sentences are punishments for convicted defendants. The prescription of punishments for crimes is found in both federal and state statutes. There are four traditional sanctions that can be imposed in the modern criminal justice system are; the death penalty, imprisonment, probation, and fines. They are discussed in the ensuing sections.

Death Penalty, this is the most extreme sentence option. In the United States, 38 states have laws that can impose capital punishment. Majority of these states use lethal injection while some use electrocution to end the life of the accused. The death penalty is usually reserved for very serious ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...

Introduction to Criminal Justice

Question one: Explain why individual rights and public order perspectives are such contentious issues in contemporary American Society

Individual rights refer to personal or individual freedoms that are accorded to human beings and are guaranteed in the Bill of Rights. Some of the individual rights enshrined in the law include the right to petition, right to bear arms, right to vote, among others. An individual rights perspective calls for the protection of personal freedoms without any abridgement in the criminal justice system. On the other hand, when viewed from a public order perspective, it is suggested that individual rights or personal freedoms can be overridden when public safety is at stake. Indeed, public order advocates believe that under ...

Crime and the criminal justice system

Crime is an act that violates or breaks a given set of rules or laws and which may lead to the person being prosecuted. Crimes vary from region to region and also from the different countries. The constitution governs acts of crime, disputes and also defines the laws of a county or country. When a person commits a crime, the kind of action to be taken against that person and the equivalent punishment are defined within the laws.

Basis through which the society determines the criminality of an individual’s actions

The society uses two main models to determine criminal acts. A violation of any of the issues addressed by this model leads to a criminal act ...

Al Capone strikes fear in the hearts of citizens as his reign of terror continues in the Chicago area. This Brooklyn, New York native began his life of crime at a young age, earning him the nickname Scarface (Messick & Goldblatt, 1972). As an original member of The Five Points Gang, his connections with crime boss, Jim Colosimo offered him to opportunity to learn the trade under Colosimo’s tutelage (Whitehead, 1956). Upon Colosimo’s death, Capone was groomed to take the position.

The prohibition allowed for many opportunities for Capone to continue to profit off of illegal alcohol sales ...

Plea bargaining occurs when the prosecuting attorney and the defendant agree that the accused should accept they are guilty in a specific charge and the attorney to reduce the charges or the sentence they had requested the jury. It is necessary to note that plea bargaining only applies in criminal cases. As a result of a plea bargain, the accused accepts guilt in a lesser charge than the one they had been accused of. For example, a plea bargain would result in the defendant pleading guilty to manslaughter when in the first instance they had been accused of murder. In return for the defendant’ ...

The founding fathers of this nation pieced together Constitutional guarantees for the citizens of the land to protect them from anarchy and tyranny. They had just overthrown the yoke of the most vilianous colonial regime in Great Britain. They were also determined that no American citizen should ever be subject to such tyranny especially in the name of the law. Hence, we have our Constitutional Amendments. The Fifth Amendment allows a citizen not to testify in court if the information would be self-incriminating. The Sixth Amendment allows citizens to the right to have their day in court. They are entitled ...

When somebody is charged for criminal action, the only aim he or she has is to reduce the potential penalty. In order to minimize the risks at the trial the defendants usually choose to come to an agreement with the prosecutor. According to the definition a plea bargain is a process of negotiation between the defendant and his attorney on one side and the prosecutor on the other. In this case the defendant agrees to plead guilty or no contest to the crime. In exchange he or she may receive a reduction of the severity of the charge, dismissal of other charges ...

The criminal process involved in excessive speed violation and DUI.

When robin was charged with excessive speed violation along I70, it occurred in a state that has absolute speed limits. This means that by driving at 85 miles per hour he had violated the absolute limits. In an absolute speed limit state, violation of the speed laws occurs even when one drives one mile above the posted speed (JURIX (Conference), & In Hoekstra, 2014). Upon arrest, Robin was issued with a misdemeanor traffic offence ticket class 1 because not only was he speeding but he also caused a potentially fatal accident. However, the twist in Robin’s case makes it even more ...

Criminal Law

CRIMINAL JUSTICE Question No. 1 The use of less lethal weapons such as the pepper spray and conducted energy devices or CEDs, such as the Taser had been widely popular in the police force. The use of Taser increased in significantly for the past decade and reports have shown that 15,000 law enforcement and military agencies make use of these less lethal weapons. However, the use of Tasers had created a controversy in relation to allegations of overuse, intentional infliction of harm to the accused and in-custody deaths. Some claim that police commit intentional abuse of these ...

Now it is time to give careful consideration to the nature of corruption that is the case in the USA. Pepys (2) notes that corruption within the system of justice may be defined as the use of management reserves or public authority to one’s own advantage or for personal gains resulting in an inappropriate legal protection of citizens and delivery of judicial services. In a broad context, the system of justice embraces judges, police, prosecutors, public defenders, court personnel, private bar, and a variety of court decision enforcement agencies, such as, for example, penal institutions. Whatever the variety of justice ...

Introduction

In the following project I have researched and summarized the main provisions of the statutes as they relate to the questions of arraignment, state sentencing issues and sentencing alternatives in the state of Virginia. Another part of this research covers the issues of practical application of these statutory provisions in the everyday work of courts and correctional institutions. In the Lesson 1, I have researched the initial procedure of arraignment in the light of its practical application during the work of the court.

In the Lesson 2, I have summarized the statutory provisions which regulate the issues of probation, parole and sentencing alternatives.

In the Lesson 3, I have briefly outlined the community correctional programs and how the ...

- What is meant by the phrase “the rule of law,” as used in a democratic society? The rule of law (nomocracy) is primarily referent to the law’s authority and influence across the society. This is especially the case with constraints on behavior as well as behavioral influence of various government officials. The phrase traces back to mid 16th century, and was popularized in the 20th century. This aspect became integral to the ancient philosophers including Aristotle. Through him, law needs govern the Rule of law implying that all citizens are under the law of the land. This ...

The use of plea bargaining is famous in legal systems as it justifies the principle of judicial economy. The purpose of the judicial system is to bring to an end cases in a fair, efficient and quick manner. In the absence of plea-bargaining, there will be an eruption of cases and this result to over taxation of the citizens and disruption to the legal system. With limited funding, plea bargaining is a very powerful tool and solves congestion of cases. In addition, the judges get more time to handle the critical cases (Baker & Mezzetti, 2001). Since time immemorial, it has ...

Explain why individual rights and public order perspectives are such contentious issues in contemporary American Society

Individual rights are such a contentious issue in contemporary American Society because some laws cannot be interpreted in the same ways for all the cases. Individual rights have been outlined by the Founders and written in the Bill of Rights. The Founders believed that an individual has a right for freedom of speech, religion, press, as well as the freedom for unreasonable searches. Besides, an individual has social, political and economic freedoms. Nowadays, there are many cases, in which the individual rights have been violated (for example the cases of unreasonable searches and seizures). However, the trial did not take into ...

Introduction

A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer and ...

Educational Institution Name

PLEA BRAGAINING IN THE COURT SYSTEM 2 Abstract Plea bargaining is used very often in the criminal courts to assist the court system in addressing the problems associated with long trials. In a plea bargain, the prosecutor and the defendant agree to a lesser charge or a reduction of charges in exchange for a guilty plea. Both sides must agree and must be approved by the judge before the plea bargain will be entered. Plea bargains are viewed as beneficial in that they reduce the lengthy time, expense, and uncertainty of going to trial for both the defendant and the prosecutor. ...

The role of Roman virtue of clementia, which is synonymous to mercy or pity, in Vergil’s Aeneid has never really been extensively discussed. However, the term has been brought up in connection with the actions of Aeneas in books 10 and 12, and is very important for the general characterization of Aeneas. It should be noted that clementia was probably not one of Vergil’s favorite words since it appears just once in Aeneid, and then at 2.603-603, surprising it appears as inclementia, which is synonymous to unmerciful. Thus, it can be assumed that Vergil had never intended ...

King Brothers and Lionel Tate

Background King Brothers and Lionel Tate: Lionel Tate, was convicted of the July 28, 1999 murder of 6 year old Tiffany Eunick who was punched, kicked, stomped, and thrown to death (See Wrestling, 2001). The injuries Tiffany suffered as a result of the beating included “a fractured skull, a lacerated liver, and more than 30 other injuries” (Wrestling, 2001). At the time of the incident Lionel Tate was 12 years old and weighed 170 pounds. As a result of his role in Ms. Eunick’s death, Lionel Tate was charged with first degree murder. A part of his defense, his attorney tried ...

Prior the Revolutionary War of between 1775 and 1783, Britain was in control of its American colony, much to the chagrin of the latter. With the colonization came laws of governance imposed on the Americans as a form of dominance by the British forces. With the forced management and the increasing need for independence among the colonized nation, the resulting tense relations were inevitable if not expected. Boston city was no different as its people continued to repel the presence of the Britons in its society. Consequently, on March 5, 1770, a confrontation between people from both sides, in Boston Massachusetts, ...

Define what a prosecutor is.

A prosecutor is a person mostly with specialization in law who institutes legal proceedings against a party. A prosecutor is a lawyer who stands the court side that accuses a person of some crime and tries to prove the guilt of the defendant. Within the American criminal justice system, Prosecutors are important officials. Attorneys serve as a bridge between criminals and justice. They respond to various crime problems through the efficient processing of criminal cases. In most jurisdictions whether foreign or local, prosecutors dispense their duties through coordination with different security sectors and the public (Blanchard, Hart, & Blanchard, 2006). Prosecutors decide, based on ...

In New Jersey, the Department of Children and Families will be responsible for handling the case after Diane’s disclosure. After Diane tells of her abuse by her father to her friend who then tells the mother, the alleged abuse will be reported to the Department of Children and Families either in person or through the hot line phone number provided by the department. The department will send a social worker to the Diane’s home to investigate the allegations. Since her mother refused to accept these allegations, it will be upon the department to involve other parties to determine ...

1. One ethical concern associated with psychological testing is biases of researchers that may infiltrate the test in the form of leading or suggestive questions. Personal values or beliefs can influence psychologists when creating or administering tests. Corporate funding can also cause bias and restrictions among researchers, because the goals of corporations are often for profit more than for open-minded empirical results. For example, drug companies strive to develop newer drugs that can prove to have better results; but the drive for higher sales, or deadlines for results should not affect the efficacy of psychological testing. Another ethical ...

Introduction

John Wayne Gacy. Jr was one of the most dreaded serial killers in Chicago during the 70s. While most other serial killers of the time worked in isolation, Gacy happened to be a social figure who inculcated a very different picture of himself in public. This paper will cover certain aspects from Gacy from a criminal aspect, such as a brief profile, details of the crime, aspects of the trial, the defense strategy and the final outcome.

Brief Profile

Gacy was born to parents of Danish and Polish heritage in 1942 in Chicago, IL. He was the second child of his parents with two sisters. ...

Inappropriate Behavior

Business Inappropriate Behavior

Harassment proscribed under law includes ‘unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature’ (US Equal Employment Opportunity Commission, n.d.a.). Marwan’s actions against his co-worker involved an unwelcome sexual advance. Title VII of the US Civil Rights Act prohibits Marwan’s conduct with his fellow worker.

Applicability to Park Guests

According to the US Equal Opportunity Commission, the culpability of being tried under Title VII of the United States Civil Rights Act of 1964 for sexual harassment is extended to the victim’s supervisor, a different supervisor in the firm, a co-worker, ...

Thesis

The word felony means a very serious crime that has been brought up against a person. It is a crime that is considered to have high levels of seriousness, for example Murder. A person who commits a felony is known as a felon. This paper reviews all the steps that are taken on a felon from the arrest to their conviction in state courts in the United States.

Arrest

There are different ways that a felon can be arrested. This starts with an arrest by the citizens or the police department. A citizen arrest is one which an individual who is not a police officer arrests them after ...

As highlighted by the United States penal code, murder is classified as a crime. Whether it is in the first degree, second or third, it is still a crime that is punishable by law. In addition, armed robbery is a felony that is considered serious in nature because it poses a danger to the victims. In addition, murder can be classified into instigated murder under manslaughter. Criminal acts are acts that are against the law. The criminal act in question is a case that involved the murder of two store owners during a robbery incident in a Chicago store. The robbery was done by a man called ...

Domestic violence in the world all over is one of the largest social problems and the solutions to the problem still remain elusive. The main challenge facing domestic violence cases is their prevalence and underreporting despite being spread out in the social classes. Occasionally, the battered partner in an abusive relationship lashes out and may inflict harm or even kill their partner in the process (Dowd, 1991). The battered woman defense is a defense that can be used in such cases. It is also called the battered person syndrome or the battered women syndrome, its female connotation arises from the ...

Abstract

No one should have to endure and experience the death of a child, particularly when a child is such an early age. However, there are factors that would tend to redirect the focus of the death of the child to more scientific reasons rather than just mere negligence. True, there are situations that criminal angles are factors in the death of these infants, but whether these were in control of their faculties’ remains to be discussed. The paper seeks to determine the reasons behind “sudden infant death syndrome,” the possible scientific and legal foundations, and when can these be separated from ...

(Professor/Instructor) (Course/Major)

Insanity Plea: The Andrea Yates

Andrea Kennedy Yates married and mother to five children-Noah, John, Paul, Luke, and Mary-was found guilty of killing all five of her children by drowning the children in the bathtub in their home. During the course of the trial, Yates confided that she was “not a good mother” and the children “were not developing correctly” and that she must be chastised. This belief was anchored on the radical teachings of Michael Woroniecki, who taught her that “bad mothers will go to hell and the children these will have will also go to hell.” In addition, Yates ...

Trial vs. Plea Bargaining

Trial The oldest and most well-known form of dispute resolution in criminal cases is the jury trial (Kadri, 2005). Certainly, the jury trial is the fundamental dispute resolution mechanism of the American adversarial legal system. In fact, the core principle of the criminal justice system holds that disputes are most effectively resolved when the parties in contention are made responsible for: (1) investigating and gathering their own evidence and (2) presenting their own arguments to a neutral and passive lay decision-maker who decides which party presented the most convincing argument (Kadri, 2005). Furthermore, the entire process is subject to ...

Introduction

The country’s criminal justice is one of hallmarks of modern civilizations. It secures the rights and liberties enjoyed by modern Americans. Its three components – law enforcement, courts and corrections – all work together and separately to ensure that the vision of the founding fathers continue to guide the country. Each of the components, for example, should ideally abide by the principles of due process and equality. As shown in the case study being considered here, all components apply in processing a person’s entry into the system.

Description of Murder

Murder is defined by 18 U.S. Code § 1111 (a) as “the unlawful killing of a ...

“How with this rage shall beauty hold a plea,

Whose action is no stronger than a flower?” William Shakespeare (Ward 150) Not Rose Petals “Our love is not rose petals or Valentine candy –“ (Ward 150) “ . . .it is dirt and sand” “. . . it is the soil we roll in”

“Our love is dirt and sand

and coarse pebbles in a shallow brook.” (Ward 151)

Naming the Growth

“. . . to call a single plant from one lone seed

“love-in-a-mist,” then “devil-in- the bush” (Ward 38) repeated 4 times

“A love that’s lush is grand until we’re touched Spring Begins in Hinckley, Ohio II of last year’s leaves . . . I love how they love what is used and then spoiled – how they, deep in ...

Introduction

Credit Suisse is embroiled in a conspiracy to help a number of US clients evade their duty of paying taxes. This is a multinational bank whose headquarters are in Switzerland. Information that has been circulated by daily newspapers all over the Unites States is to the effect that three of the bank’s employees are guilty of conspiring to defraud the United States authorities. The same was done by evading paying tax and also helping some American citizens to hide their assets offshore so that they do not pay tax (Scannel & Foley, 2014). This is a criminal offence in the United States of ...

Other

19th May, 214 Ans1. The West Virginia’s Supreme Court of Appeals ruled that the plaintiff had stated a claim for the negligent infliction of emotional distress. AIDS is a serious disease and is like a slow death to the person and is emotional trauma even for the family. Court’s findings are appreciable as the physician who has committed this gross act of negligence should have been penalized and plaintiff who suffered emotional distress can ask for compensation in the form of cash or kind. In the worst case, physician’s license can be cancelled, prohibiting him to continue with ...

A specialty court is a term often used to refer to problem-solving courts. These courts have as their main aim the urge to provide assistance to criminal defendants (low-level) who might suffer from mental health, substance or social abuse problem because of becoming repeat offenders. The courts achieve this role through providing intensive supervision and treatment to the victims. The United States of America has a rich network of specialty courts that cover various aspects. In essence, such courts may include Mental Health Treatment Courts, Drug Treatment Courts, Veteran’s Treatment Courts and courts that cater for women that have been ...

Introduction

This paper will study the criminal justice process that should be followed when deciding a case of murder of two persons namely Mrs. Lucy Lane and Mr. Rodney Hill, whose bodies were discovered on the roadside after a bloody murder by unknown assailants. The paper will look at the process starting from investigation and search by the police, arrest, arraignment of the suspect in court to take their plea, the subsequent trial by the court, judgment and eventually sentencing. The paper will follow an American Justice System Approach in the whole process.

According to the information provided, Mr. John Wolf of ...

The Merchant of Venice is a comedy written by William Shakespeare at around 1597. This play is considered as Shakespeare’s darkest comedies. The comedy is about a bitter and angry Jewish moneylender named Antonio, who seeks revenge against his defaulter, a Christian merchant. The young man Bassanio had borrowed money from the merchant to romance a rich woman he was in love with. In the time the play was written, there were few Jews in England, because they had been banished under the Edict of Expulsion in 1290. The Jews were treated badly in England, since they were a target of hatred. ...

Plea Bargaining in American Society

Introduction Plea bargaining plays a very significant role in the American criminal justice system. It is estimated that approximately 90% of all criminal cases are settled by plea bargain rather than trial by a jury as guaranteed by the Sixth Amendment to the United State Constitution. Throughout this paper, I will discuss what a plea bargain is, benefits of plea bargains, disadvantages of plea bargains, the role of the victim in the plea bargaining process, and recent developments in plea bargaining.

What is Plea Bargaining?

In the American court system, a plea bargain is an agreement between the prosecutor and the defendant in a criminal case in ...

Statements made by the defendant’s impacts greatly on the sentence he will be subjected to. From the statement made, the judge can determine the behavior of the suspect from the way he talks and this could also be linked to the crimes the defendant is accused and it might determine the sentence. The ineligibility of the client for death penalty was arrived from the statements made by the defendants’ team; the judge was not able to validate and accept the evidence presented. The purpose of sentencing is to punish the accused accordingly to the existing legal provisions. Sentencing ...

Abstract

This paper will discuss the issue of plea-bargaining in our criminal justice system. It will reflect on the angle of plea-bargaining if it provides a fair and necessary form to service justice in today criminal justice system. This paper will reflect over both advantages and disadvantages with plea –bargaining. It will also reflect over articles related to plea-bargaining. It will reflect over those cases that have victims suffer suffering and plea bargaining. It will explain how the other elements that affected the criminal justice come into play with plea bargaining. It will give a history, importance and explain the critical need ...

Part 1: considerations affecting a judge’s decision

The legal process does not occur in a vacuum. A judge, in appreciation of this fact, makes consideration of a number of factors before arriving at a legal decision. Some of these factors include the previous criminal records of the convict, the evidence and facts in the case, the mitigating statements adduced by the accused and the supervening circumstances during the commission of the said crime. This approach is justified by the fact that criminal justice ought to meet both ends of justice. It is imperative to consider both the side of the accused and that of the complainant in every case. ...

One the definitions of law emanates from an instrumentalist view of the law. According this view, the law is regarded as an instrument used to serve a certain purpose. In other words, the law is a tool that is used to facilitate the attaining of certain objectives. When applied to a societal context, the instrumentalist view of law regards the law as an instrument that is used to attain and maintain order in a particular society. In any given society, there are many activities that take place. Where such activities are allowed to take place haphazardly and without regulation, then there is bound ...

In “Do Not Go Gentle into That Good Night,” it becomes almost impossible to separate Dylan Thomas, the poet who has written this poem, from the speaker of this poem, who is urging father to struggle fiercely with death. In other words, Thomas is used the speaker of this poem to say things he was probably not able to say to his own ageing father, whose health was declining and death was impending. The fact that the speaker has several autobiographical elements cannot be denied, which makes him the poet’s alter ego, but he is still not quite ...

Magistrates and judges must take into consideration a wide variety of factors in determining the sentencing of offenders. The sentence must primarily coincide with the statutory guidelines that implicated in the Crimes Act 1999 (Sentencing Procedure) (NSW), and guidelines set out by the judicial system that creates precedent for all the magistrates and judges within the country. In regards to the extent of the law the purpose of sentencing fundamentally include, incapacitation, rehabilitation, retribution, and deterrence. In regards to victims, the challenge in achieving a balance in the rights into consideration is their right to make their object complaint fully without ...

There are numerous expressions of crime in the United States. However, throughout the jurisprudence a categorization of felonies and misdemeanors is general. Under this categorization, the former is usually reserved for serious crimes while the latter often refers to petty crimes. According to the Uniform Crime Reports, there is a prevalence of some felonies across the US most notably drug abuse violations, property crimes, driving while intoxicated, larceny and assaults. Many theories have been advanced in the area of criminology in an attempt to understand the compelling factors of criminality and its existence. But one grain seems to be common ...

The difference between natural reason and divine revelation is mainly based on the relationship between theology and philosophy. Reason entails matters to deal with the truths as well as making deductions relating to human nature and the general world. Reason therefore gives the truth but a partial view of human nature. Reasoning is therefore mainly based on philosophical thinking. Divine revelation on the other hand goes beyond philosophical theory and drawing of conclusions relating to realty and human nature using religion and faith as the main basis. Divine revelation involves matters pertaining to God and how the human beings fully ...

Abstract

Overpopulation of prison systems has led to the need to find alternative means of sentencing the people that are convicted of a crime. There are many variations that are used, but two of the most common are community service orders and probation or parole. In many cases they are combined. Through critical analysis, it shows that there is a lot of benefit, but there are also a lot of problems associated with these two methods. Overall the most effective would be a combination of the two alternative sentencing options. There are continued issues, when it comes to the prison system housing too ...

Write an essay that considers the criminal process from arrest through sentencing and appeal. Identify and evaluate the strengths and weaknesses inherent in the process along each step in the process. In your evaluation, discuss how these weaknesses might be corrected. What factors push against their correction? Also, assess how factors external to the criminal justice system such as budgetary and political realities impact the identified strengths and weaknesses.

Introduction

Criminal process known otherwise as criminal procedure is characterized by three phase of pre-trial, during trial and after trial. Most often criminal process is set in motion upon arrest of ...

The Grandmother

In this story, this character considers herself morally superior than the rest of the people basically because she is a lady. This character makes frequent judgments on others. She claims that her conscience is the main driving force in her life and she considers herself perfect in the way she does her activities. She claims that she could not afford to allow her children to walk in the same direction like Misfit did so that her conscience is not compromised. This character also criticized the mother of the children by claiming that she never allowed the children to travel in ...