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Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF"
In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury
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Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit.
3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other
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Assignment 1- The court structure
In this assessment, I will describe the hierarchy of the civil courts, the criminal court and the differences between the two hierarchies.
The purpose of this article is to inform the readers about the court structure and role of the different courts.
A diagram of the court structure
Supreme Court- this is the highest judicial court in a country or state.
Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions;
Civil and criminal divisions
In the civil division, the court of appeal
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standardize a level of punishment to appropriately fit the crime committed. The criminal justice system is largely affected by constitutional law and has evolved significantly over time. Currently, the criminal justice system maintains itself to helping the process of reprimanding criminals.
There are three elements of the system and there all valuable in the criminal justice system. The primary element is the police force. Police officers have the responsibilities to capture criminals, investigate, and testify in court based on what actions were witnessed. In some situations, police officers have the obligation to jail criminals directly from street while they await their trial dates
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Every society has rules to go by and laws that must not be broken and along with that is the criminal justice that even gives the criminal rights. Criminals in the United States are to be given their rights and not to have harm to them in any way under the justice system as they may be freed from their prosecution and their case be acquitted if found in their favor if an act of unjust or immoral conduct has been found. Law enforcement professionals must execute justice by upholding the law in an ethical and constitutional manner.
“The United States Department of Justice seeks to prevent or resolve community conflicts and tensions arising from actions, policies, and practices
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Rights of the Accused
May 1, 2013
This paper will discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer.
Define due process and its origins.
According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present
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Difference Between Criminal Law & Civil Law
The Paralegal Professional
February 28, 2013
Unit 8 Assignment
The Paralegal Professional
The differences in dealing with Criminal Law and Civil Law are that dealing with someone or maybe a business, who commits violations against statutes. Civil law has to do with lawsuits that are non-criminal such as divorce, contracts, injuries in an accident, and things of that nature.
In criminal law, the accountability has to be “Beyond a reasonable doubt” in order for anyone to be convicted of the crime. This means that there has to be a considerable amount of evidence towards the person or company, and that
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legal power of the state in the Supreme Court, Court of Criminal Appeals, Courts of Appeals; along with other courts. Moreover, parties that are disgruntled with the choice of the trial court, may forward their cases to the intermediate Court of Appeals for additional assistance. Additionally, the Court of Criminal Appeals, levers equally obligatory and unrestricted affairs. (Texas Courts Online). The types of cases that are heard in a Federal Court are: Constitutionsl Law, Laws and treaties of the U.S., Ambassadors and public ministers, Disputes between two or more states, Admiralty law, and Bankruptcy. Cases heard in the Texas Court System are: Probate, Personal Injuries, Nearly all
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Criminal Law Evaluation
March 05, 2012
Criminal Law Evaluation
Concerning criminal Law here in the United States it revolves around criminal justices system, and there is always a purpose for these laws. Laws are set to protect society. This paper will examine the sources and purpose of criminal law. The purpose of criminal law is to protect and serve the citizens, and criminal law provides punishment and penalties to those who want to break the law. There are laws in place for him or her to abide by. One must understand how laws are enforced; by this there is the jurisdiction, which is the legal authority that enforces laws.
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the law. Detectives will spend a majority of their time doing desk work such as writing reports or keeping records of incidents they come across. They interview suspects and witnesses who may have information about the crime. They prepare reports of investigation findings and, if necessary, testify in court regarding the investigation. A few other duties that may fall to a criminal investigator during a typical work day might include: Collaborating with other law enforcement officials or the U.S. District Attorney, Serving misdemeanor and felony warrants and arresting suspects, Preparing and executing search warrants, Taking witness depositions, as well as Preparing court papers, including
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taxes, and “apprehension by law enforcement in their own country” (Limbaugh, 2011), by coming to America met they could be part of the “American Dream.”
American was the land of opportunities both legally and illegally. On arrival in America groups such as the Italians “developed, organized, and operated numerous criminal organizations, carried out minor and serious criminal offenses; and were believed by many professionals and Americans to have been the primary cause for the establishing a criminal culture” (Osmosis, 2003).
The Social Control Theory subject that one’s social environment, surroundings, family, and bond with society that would prevent someone from turning to a life of
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a person in criminal court. Probable cause standards are more important in Criminal Law than in Civil Law. It is used in criminal law as a basis for searching and arresting persons and depriving them of their liberty. In civil court a plaintiff must possess probable cause to levy a claim against a defendant. If the plaintiff does not have probable cause for the claim, she may later face a Malicious Prosecution suit brought by the defendant. The lack of probable cause to support a claim means that the plaintiff does not have sufficient evidence to support the claim, and the court will likely dismiss it. This can easily be approved if more leeway way allotted to authorities to search on a basis with less restrictions.
Source: Police Procedures Expert
Michael D. Lyman, Ph.D. 30 years experience
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. Law Enforcement officers use the MDT today, as it can do a range of things: send messages directly to dispatch or another officer, inquiry into State or Federal Databases, GPS tracking, and retrieve information from local police agencies for criminal intelligence (Monopoli, 1996). Most agents and dispatchers communicate with an MDT throughout a shift. The MDT's are accessible to the department's central computer and National Crime Information Center (NCIC) databases. Officers having this access will improve on response times, relaying information, and have the ability to provide accurate information to other members of the bureau, dispatchers, and databases.
The overall positive
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Assignment Criminal Law Foundations Evaluation (2 Papers)
CJA 484 Week 4 Team Assignment Reference List
CJA 484 Week 4 Team Assignment Courtroom Standards Analysis
CJA 484 Week 4 DQ 1
CJA 484 Week 4 DQ 2
CJA 484 Week 5 Individual Assignment Global Perspectives Assessment
CJA 484 Week 5 Team Assignment Corrections Research Paper and Evaluation (2 Papers)
CJA 484 Week 5 DQ 1
CJA 484 Week 5 DQ 2
CJA 484 Week 1 DQ 1
FOR MORE CLASSES VISIT
What is an example of a past/current trend that has heavily impacted the criminal justice environment? How do past, current, and future
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The Criminal Justice Process
Criminal Law & Procedure (BLJ1442A)
November 15, 2014
The Criminal Justice Process
Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the
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The President's Proposal
Strengthen border security and infrastructure.
- Strengthens and improves infrastructure at ports of entry, facilitates public-private partnerships aimed at increasing investment in foreign visitor processing, and continues supporting the use of technologies that help to secure the land and maritime borders of the United States.
Combat transnational crime.
- Creates new criminal penalties dedicated to combating transnational criminal organizations that traffic in drugs, weapons, and money, and that smuggle people across the borders. It also expands the scope of current law to allow for the forfeiture of these organizations’ criminal tools and proceeds
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Security and Management week 1 conference 1
Since 9/11 security has moved from the periphery to the center, with the Government, Private Organizations, and individual citizens placing more emphasis on the need for Security.
Security services today are sophisticated and complex it involves the use of criminal and civil law, investigations, policy formulation, psychology, and sociology just to name a few. The most important purpose of security is that of guardian and protector (ortemeir 2013 pg. 4). Ortemeir states that large facilities can utilize security personnel, instead of mailroom staff, to provide internal mail and delivery services, thus increasing value to the organization by
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Research Process and Terminology
Research Methods in Criminal Justice
July 24, 2012
When people are learning about the criminal justice, they learn that research method and terminology plays a major role in the academic and law enforcement field. These research methods and terminologies used daily with the police officers or detectives for investigation cases. Effective research methods and terminologies also used by attorneys or paralegals in criminal justice field to open and close cases in the court. Research methods are the tools that identify the issues in criminal justice
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Jury selection plays a significant role in the criminal justice system. Their primary role of the jury lies within the courtroom setting during criminal proceedings. These individuals are charged with the responsibility of hearing testimony from the prosecution and defense and also evaluating any evidence brought before the court. Their understanding and interpretation of all testimony and evidence greatly determine the final result of the trial, the verdict. In many circumstances a jury may dismiss the testimony and evidence and inject their own personal opinions regarding the law. This is known as jury nullification. Jury nullification permits juries to acquit even
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they do get into trouble when they are an adult he or she should already know and understand that their history of criminal behavior may not be open to the public’s eye but, the judge will more than like know their criminal background all too well. No matter what one thinks, as a juvenile what they truly do not know is prosecutors, judges as well as defense attorney knows every angle of the criminal justice system and all who pass through it and if a juvenile is a repeated offender in the delinquent age trust me if they get into more trouble as an adult the courts can and will after trying to do all they can to reform him or her. The criminal justice system will now punish him or her to the fullest extinct of the adult law.
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article, A fair shot at a job, Brent Staples states, “The United States Equal Employment Opportunity Commission ruled twenty-five years ago that it was illegal under the Civil Rights Act for companies to exclude people from employment based on arrest or conviction records—unless there was a compelling business reason”(10)(L).
According to a startling 2011 report from the National Employment Law Project, an advocacy group, about ninety percent of companies are using criminal background checks in hiring decisions and about sixty five million people have criminal records. The group found that companies of all sizes routinely deny people with records any chance to establish their qualifications
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addition to the different types of law that are listed above. There are several general classifications of law that is associated to business: criminal law and civil law, substantive law as a procedural law, and public law and private law. It is important to understand the different classifications of law are not commonly selected.
Criminal law is punishable by the crime; there are penalties for breaking the law that may include imprisonment and or fines. Civil law is for personal issues overseen by a judge or mediator that is collected by monetary compensation to the wronged party.
Substantive law is enforced by the law by defining rights, duties, obligations and causes of action
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summary the courtroom system must have a courtroom work group in order to operate and get closure on criminal cases. If the criteria for taking a case were less stringent the courts would have many more cases overflowing the court system, it would cost the state more money to try the increase of cases, and more time consuming. If the criteria for taking case load were more stringent there would have to be law changes to accommodate the changes in taking a case, and there would be a higher rate of crimes being committed and making geographical areas unsafe for citizens. I think that both changes would affect the rights of individuals as well.
The courtroom work group interacts daily with the members working together to successfully complete criminal cases. There are no changes I would recommend because I feel the criteria in place works well.
Schmalleger, F (2011). Criminal justice today: An introductory text for the twenty-first century (11th ed.). Upper Saddle River, NJ. Pearson Prentice Hall
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Court Issues Analysis
Management and administration of criminal courts are filled with many obstacles and challenges. Depending upon the geographical context of the court and whether, many of the challenges the courts within the judicial system face are making sure laws are being followed, resource shortage, balancing local ordinance with constitutional law and ensuring society understands these ordinances and laws.
The judicial system is one that continues to change and evolve with time. Although the judicial system has changed for the better as opposed to when it was first established, there are many issues that administrators in the criminal court system
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). The principal objective of plea bargaining is to ensure that the defendant is awarded a less severe sentence after pleading guilty to the original charge (Haugen, 2009). Criminal justice, on the other hand, refers to the institutions or practices that uphold law and order.These practices places sanctions to those who do not follow the law and awards penalties to those who violate the law (Lippke, 2011).
The principal objective of criminal justice is mitigating crime and ensuring that the law is observed (Lippke, 2013). Plea bargaining is a controversial aspect of the legal framework (Piccianto, 2004). Those that support it argue that it enhances conversation of resources in the
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CRIMINAL LAW 1
Article 1 Time when Act takes effect
This code shall take effect on the first day of January, nineteen hundred and thirty-two.
Article 2 Application of its provisions
Except as provided in the treaties and laws or preferential application, the provisions of this code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the
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The Future of Criminal Justice
University Of Phoenix
Foundations of Criminal Justice
April 19, 2010
The Future of Criminal Justice
Terrorism has never been in the States; only in third world countries. Since 9/11-2001 is has been a reality and ongoing nightmare and hit close to home. The attack on the World Trade Centers in New York was a wakeup call. United States has been on high alert ever since, waiting for the next possible Terrorists attack. This paper will explain why terrorism is a law enforcement concern as well as how terrorism is considered a crime. At last the paper will state some recommendations that the American Criminal Justice should
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Television and Hollywood are great at painting pictures of murderers and mean ugly people that do heinous things to innocent people that have no idea what they are in store for. Occasionally on some of the major criminal television shows like “Criminal Minds,” or “Law and Order,” they will tell a story that involves someone that is abused by a relative, neighbor, or a teacher. Even when this happens, it doesn’t paint a clear and concise picture of a criminal psychopath.
Not all psychopaths are violent. In fact, many of them can function successfully in society. They are not all antisocial, but they are all very self-centered and everything that they do is to benefit them
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the way our youth sees ethics and morals. in one part Dr. Pastora said "Immuanel Kent would say that if your gaining something in a way that hurts someone, thats wrong" (tucker,2007). in real life we have to think about how each situation will go. will what we are doing hurt someone ? will we be taking something from someone? is the situation right of wrong? so all in all law and real life both have to hold up a a certain level of ethics. they may have different ways to live by ethics but there is still ethics in each day.
the criminal justice system relys on ethics to work properly. Justice may not be something that you think would have ethics but it has to in order to run smoothly.The
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the requirement for separate schools for blacks and whites unconstitutional. Luckily, today's it's uncommon you would be forced apart due to the color of your skin. Today we have gained an intolerance to injustice and racism and have many organizations that ensure they fight for what they believe in. The criminal justice system still has room for improvement but we have definitely progressed tremendously.
There is currently zero tolerance for racial and this is evident through the laws enforced today. The laws prohibit any act of discrimination and are heavily monitored. There's no doubt that some minorities commit certain crimes more frequently than other groups and law enforcement
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such as patrol work, and criminal investigation. In my opinion without the federal government taking this step to learn this additional research for policing methods it may not have developed as great as it has.
Types of Law Enforcement Agencies
Discover Policing. (2008 - 2015). Retrieved from http://discoverpolicing.org/whats_like/?fa=types_jobs
The Police in America: Introduction Ch.1 and Ch. 2
Walker, S., & Katz, C. M. (2013). The police in America: An introduction (8th ed).New York, NY: McGraw-Hill.
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actions are unacceptable. Enforcement of law is equally important to the protection they afford. Criminal and civil cases are outlined and resolved by a body of law that maintains order and justice in society. Illustration of what the injustice is, how it will be handled, under whom the responsibility to enforce lies and why the resolution foster fairness and uniformity.
A family in Maryland has a home that is robbed. The laws regarding theft protect the homeowner from loss and grievance as the violator may be brought to justice. Criminal and civil offense is resolved in accordance with the law and a settlement issued. Not only has the homeowner regained some part of what was lost
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law or enforce law but rather interprets law and applies it to the facts of each case.
Judicial system of the Republic of Kazakhstan consists of the Supreme Court and local courts established in accordance with the Constitution of the Republic of Kazakhstan and Constitutional Law.
To local courts refer:
1. region and equal level courts (city court of the capital of the republic, city courts of republican level cities
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outweigh the crime. To prevent crime from occurring the law will show through punishment. The punishment should outweigh the crime. If you put the fear of punishment into the criminal, then he will think twice about committing the crime. Crime has been part of society for a long time, and the usual punishment is to incarcerate. Even though incarceration is a temporary fix for the felon, research shows “recidivism amongst convicted felons following release from prison is as high as 63%” and most of the inmates had arrest records and convictions prior to the incarceration of their current offense “ (Carson & Mulako-Wangota, 1989).
Others argue rehabilitation is a deterrence to crime
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causes (Schmallager, 2011).
The Uniform Crime Reporting (UCR) Program is the crime statistics of more than 16,000 law enforcement agencies (Schmallager, 2011). Congress created this program in 1930 and designated the FBI to implement the program (Schmallager, 2011). The programs primary objective is to generate a reliable set of criminal statistics for use in law enforcement administration, operation, and management; however, its data have over the years become on of the country’s leading social indicators (national atlas, 2003). Citizens use these reports to see fluctuations in crime levels and law enforcement uses it for planning and crime prevention programs. Eight Part I offenses are
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PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION
Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).
Senior Lecturer in Law
National University of Ireland Galway
First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of
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Juvenile Crime Issues
February 12, 2012
Juvenile Crime Issues
Children and young adults today are exposed to media shows and movies that affect them. Many have broken homes, face poverty and have other problems in school that affect them and can cause them to do wrong things. The arrest rates for juvenile males are 70%, and 30% for females. Anyone under the age of 18 is considered a juvenile.
There are six categories of children in the juvenile justice system. The delinquent children are those who violate the criminal law. The undisciplined children are beyond parental control. The dependent children have no parents or guardians. The neglected children are those
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Vicken Hagopian has been a criminal lawyer for 21 and a1/2 years. His trial win to loss ratio is six to three. He specializes in cases involving drug trafficking, sales, and personal use cases along with identity theft and financial crimes. He attended California State University Los Angeles for four years; completing and obtaining his bachelors degree in business administration; minoring in pre-law and finance. Throughout his four years at CAL STATE LA, he maintained a 3.2 Grade Point Average, which was not sufficient in, and of itself to have, him accepted at any of the ABA accredited law schools. After receiving rejection letters
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one community with another community allows for quick and expanding application of successful ideas.
Many agencies have established Real Time Crime Centers that quickly provide information to officers in the field. When police receive a high- risk call, a team of analysts works quickly—within minutes—to provide officers with any information that could help resolve the call safely. The information that analysts find is delivered to the officers’ mobile data terminals and their smart phones. The information might include mapping or floor plans of the location of the call, criminal histories of residents at the address, any restraining orders, prior contacts with law enforcement
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A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY
RNRL- Relinace natural resources
IPC- Indian Penal Code
UOI- Union of India
All ER - All England Law Reports (United Kingdom)
CriLJ – Criminal Law Journal
Table of cases
1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass  All ER 127
2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292.
A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448
3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732
4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722
5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43
6. MV Javali v. MahajanBorewell
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Historical Development of the Police
The purpose of this paper is to discuss the historical development of the police and it’s importance. Also the local, state, and federal law enforcement agencies under the jurisdiction of the Department of Homeland Security and their purpose. Lastly, we touch on the Issues Facing the Police Departments of today. Police agencies, whether it’s local state, or federal are expected to put the safety of all individuals regardless of their jurisdiction first at all cost.
The Historical Development of the Police Department originated in London, England. It was a major component of the criminal justice
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base this assessment on personal experience since I was a multiple teenage runaway and went before juvenile court 3 times by the time I was 14. My life was changed for the better after this experience by learning how to cope with many of the issues I had due to anger over my parents divorcing.
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CJA 344 Week 1 Individual Assignment Disparity and Discrimination Essay (UOP Course)
For more course tutorials visit
Write a 700- to 1,050-word essay in which you compare and contrast the terms disparity and discrimination as they relate to the criminal justice system. Use at least 3 academic sources
Support your discussion with examples from law enforcement practices, court procedures, corrections populations, or all three.
Format your essay consistent with APA guidelines.
Post your essay to the Assignment Forum
CJA 344 Week 1 Individual
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even legal intoxicants are law-breakers, whether they use them or not. Lastly, chronic offenders fully identify with a crime lifestyle. These juveniles may ease into criminal behaviors beginning with petty actions and escalating through involvement in the criminal justice system, but many are already deeply “criminal” before they ever come to police attention.
In 2008, law enforcement agencies in the United States made an estimated 2.11 million arrests of persons younger than age 18. Overall, there were 3% fewer juvenile arrests in 2008 than in 2007, and juvenile violent crime arrests fell 2%, continuing a recent decline. Juvenile arrest rates, particularly Violent Crime Index rates, had
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the necessity) for the exercise of discretion, none more so than the law enforcement function. The role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members of the agency.
Project Assignment: You will submit a concept paper describing two discretionary situations for a police chief. The situations may focus on either operational issues (e.g., uniform patrol deployment, criminal investigation/arrest, traffic control, crime prevention, etc.) or administrative issues (e.g., disciplinary action, hiring, training, budget/procurement, public information, etc.). The exercise of
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Overview of the Juvenile Justice System
Law Enforcement and Other Referral Sources Juvenile Court Disposition
Comparison of Juvenile and Criminal Justice Systems 8. Compare and contrast the juvenile and criminal justice systems.
4 PART ONE
Juvenile Justice and Delinquency in the United States
Origins of the Juvenile Justice System
Before the establishment of the juvenile justice system, courts and judges treated juveniles as adults and, in many instances, juvenile offenders received the same punishment as adults. There was only one system of justice in the United States, and all offenders were processed through it without regard to age. Under common law doctrine, the legal
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promote a free press, and to permit peaceful assemblies of the citizens. The second amendment allows people to own firearms for their self-defense. The fourth amendment prohibits the powers of the federal government to forcibly search and seize properties of the citizens. This amendment backs the requirements of the privacy law, and condemns arbitrary citizen arrests. The Fifth Amendment protects individuals undergoing hearings of criminal cases, from self-incrimination, through a guarantee of trial with various (Levi 228).
Conversely, it is notable that provisions of the Bill of Rights to the states are mainly addressed in the tenth amendment. According to the tenth amendment, any power
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in prison without the chance of parole for the murder and rape of Chelsea and another teenage girl in northern San Diego County. Because Gardner was already a sex offender, both families of the victims called for changes in the criminal justice system on how they treat sex offenders. They received the backing of state legislator Gov. Arnold Schwarzenegger and have called for “Chelsea’s Law” that would give life sentences to sex offenders who attack minors, and also require a lifetime of GPS monitoring for sex criminals. If Gardner had not been allowed to get out of prison early, and live close to a school, perhaps these crimes could’ve been prevented. Below is how the criminal justice