According to Kleck et al; (2006) “survey research is the dominant method of collecting information followed by use of archived data.’’ Furthermore, the most important sources of crime information in U.S criminal justice system are the FBI’s Uniform Crime Reports (UCR) and the BJS’ National Crime Victimization Survey. Keywords: research methods, survey methods, sampling, types of surveys Introduction During a research exercise the data collected can be either qualitative or quantitative gathered from observations. Examples of quantitative data recorded in numerical values are survey research, field research, evaluation
Despite all of that, questions may arise from the topic such as is it right to detain a person before trial just to have him to be presented on the day of trial in case he is deemed guilty or is it right for one to confiscate a suspect’s money (bail money) to be certain that he will pay for the fine later as part of his sentence? Such actions made are clear that it is violating the presumption of innocence as it was only ‘assumed’ that the person is indeed guilty and applying a pre – trial detention is based on the reliance of ‘double suspicion’ as such to the case of Sheldrake v DPP. [cite] The point is further discussed by Lord Bingham based on the case of Sheldrake v DPP, “The overriding concern is that a trial should be fair, and the presumption of innocence is a fundamental right directed to that end. The Convention does not outlaw presumptions of fact or law but requires that these should be kept within reasonable limits and should not be arbitrary. It is open to states to define the constituent elements of a criminal offence, excluding the requirement of mens rea.
The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
Laws define what is criminal, but it is up to the criminal justice system, and those who work within it, to interpret those laws when dealing out punishments (Goff, 2013: 29). Procedural law on the other hand, is how those laws defined in substantive criminal law get enforced. It is the criminal justice processes that an offender goes through, and includes safeguards to protect the accused as they make their way through these processes (rules of evidence, law of search and seizure, and right to counsel are the examples given). Procedural criminal law is often referred to as due process, but in the Charter of Rights and
This can affect how they perform their job and the outcomes of cases. The ultimate objective for law enforcements are to assist the public. From the research done by Brenner (1947) he states, “Police use of deadly force and the issues surrounding it are of primary concern to all, but the problem is particularly acute for black, Hispanic, and Native Americans”. He goes on to state that “because of alleged misuse of deadly force, police departments across the country have experienced strong criticism and even violent protests” (Brenner, 1947). Police officers having experienced this strong criticism and violent protests are being put into violent and dangerous situations which can cause them to react to the heat of the
After the committing of a crime the law starts to get involved. One way or another a case will eventually land in the hands of the police. Police then can decide to investigate, arrest, or dismiss a case. After the police determine their investigation path they then have to decide if the information they have gathered is going to lead to the arrest of the criminal. If an arrest is made more steps follow for the criminal and his or her case.
The purposes of punishment are reformation, restraint, retribution, and deterrence. The injured party then attempts to collect damages by trying the civil case of assault and battery. In some cases, even a defendant who is not guilty of a criminal charge can be found liable for damages in a subsequent civil suit. An example as a pure legal issue, forcing treatment on an unwilling person is no
Four goals of Punishment When deciding what punishment fits the crime the judge will go over the severity of the crime and past criminal history and meditating circumstances. The punishment can not be more then what the law calls for. The main goal is to try and deterrence crime, reform and rehabilitation of offenders and to make reparation to the persons that crime affected. And with the different types of sentencing in cases the judges hope to achieve that. Rehabilitation is one of the sentencing a judge can order to assist with majority problems an offender may have from drug addiction to alcohol problems, also angry management or domestic violence.
The reason O.J. was found not guilty of murder and acquitted in criminal court, but found guilty of the tort of harm and ordered to pay damages in the civil court lies in the structure of our legal system, in regards to criminal cases and civil cases. The distinct difference between criminal cases and civil cases provides further explanation regarding the O.J. Simpson case. Criminal cases deal with crimes against society.
In college, Criminal Justice majors are being taught that there are three main components of the criminal justice system: law enforcement, the courts, and corrections. Law enforcement enforces the law, maintains order, and provides services to protect member of the community. The courts ensure that the accused person is viewed as innocent unless they are proven guilty of criminal behavior and determine how they should be punished if found guilty of alleged transgressions. Corrections supervise and counsel convicted offenders in an effort to prevent future crime and protect the public.
This essay will help everyone understand the criminal justice system and everything that comes with it. Also, with the criminal justice system there are 3 parts which include police, courts, and corrections. Police are the ones who enforce the law, investigate crimes, and apprehend offenders. Corrections include carrying out sentences imposed by the courts and they also provide safe and humane custody and supervision of offenders. Courts are to conduct fair and impartial trials and they also decide criminal cases.
Next, is the security of the population and serving the need without harming others. The courtroom also can be used as an example of this need. The environment of the courtroom being safe is another one of the needs the criminal justice professionals owe to every person. Following all of the rules of the U.S. constitution while prosecuting a defendant with the facts of the case still must be followed for the population. Security also of the populations lives must be followed such as capturing criminals causing harm to
282) Since Texas has a process for criminal law, some steps are followed before a trail is declared. First, there is usually a person who commits a misdemeanor or felony, and law enforcement decides to charge the suspect with a crime. Once a charge has been filed against an individual then a grand jury will determine if there is sufficient evidence to hand down an indictment against a suspect. If there is, then usually the defendant goes to trial. However, a defendant might accept a plea bargain from the prosecution before trial, because the evidence against them is overwhelming.
David, I agree with many points in your discussion board. Prosecutors and Defendants both take an oath that anything they present to the court is proven to be true. The integrity of the attorneys is a key role in the law aspect of criminal justice. When a prosecutor brings false evidence is brought to the court room then individuals have the chance of receiving a sentence they are not guilty for. While if an officer violates a convicted individuals rights and the defense does not present the violation in the trial, then this individual was misrepresented and both the defense attorney and officer should be punished.
The Judiciary- Judges have an important role within the court system, because they are legal experts of the law if the prosecution and defence are in dispute. The judiciary mange and oversee the conduct of trails and they sum up them up for the jury in a criminal case. They also pronounce sentence if a defendant is found guilty. In order