Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
Sexual assault and abuse can have devastating impacts. Sexual assault is undesired sexual act by person which lead the partner to feel uncomfortable during the relationship. It contains: • forced sexual behavior like rape • stalking, human trafficking and exhibitionism • forcing someone to act humiliating sexual behavior by force These three types of violence are different levels of abuse, with much more kinds of violence which can’t be listed, all of them are damaging in their own ways (Domestic violence statistics 2017). Finally, and the most important point, is how to prevent family violence in our community.
Though there are core principles and guidelines, the way each case is handled is heavily based on context. The main objectives that drive restorative justice practices in sexual violence cases are “reparation, retribution, and rehabilitation of the community” (Wolthuis et al., 2015). Restorative justice seeks to find a way that “maximizes healing for all parties and minimizes the chance of the process inadvertently causing harm” (Restorative justice standards for sexual offending cases, 2013). Particularly in sexual violence cases, the primary focus in a restorative justice case is to lower the potential chances of harm. The principles are set in place to allow the victim to have a chance to hold the offender accountable while having the opportunity to voice one's story.
Firstly the investigation and evidence processes involved in criminal justice system in our country are addressed and then Its flaws are discussed further. At the outset of this chapter the researcher would like to state that after a detailed discussion over the problems certain measures are suggested which could be used to curb the problems and side by side would result in a fair and expeditious
However, there is already protection in place for instances like this. If the courts consider that identifying a rape suspect or defendant would indirectly identify the victim, the courts will not identify the
The police agencies refer to various law enforcement agencies that aim at providing police related services to the general public. The principle roles of police agencies are to go after those people who have committed or engaged in specific crimes. Nevertheless, police agencies are entitled to other roles as well, for instance, they are responsible for imposing the law from enforcing speed limit laws to civil and criminal laws. In this case, a police agency is entitled to educate the general public about the laws and also communicating to the public when there is a criminal activity in a given area so that it creates awareness.
Plea bargaining can present a dilemma to defence counsel in choosing between vigorously seeking a good deal for their present client or maintaining a good relationship with the prosecutor for the sake of helping future clients. There are few ways to bargain with the prosecuting officers. For both the government and the defendant, the decision to enter into or not to enter into a plea bargain can be based on few things. One of them is the seriousness of the alleged crime.
Either way you will not know what happened and you still fail to report which you are mandated to do. It can be held against you license and in court. #2) Keeping quiet would eat at me if I were the nurse who assessed this young girl. It would also send Lora back into a volatile situation and there would be no resolve.
It is a situation where an individual intentionally or recklessly causes severe emotional distress to another person through, extreme or outrageous behavior or action. To prove an intentional affliction of emotional distress four elements must be present such as, there must be a reckless on intentional act, the act must be extreme and outrageous, the act must be the cause of the emotional stress to the patient and finally there must be a severe emotional distress to the patient. When a nurse intentionally behaves in a harsh way to a patient either physically or verbally it can cause emotional stress to the patient and relatives. CLIENT ABANDONMENT:
Analysis of existing structures implemented to support victims of domestic violence. The initial conceptualisation of family violence was developed in the study of battered children in 1960’s since then many victims have been identified globally. In France, 148 women death was caused due to domestic violence in 2012, in Europe domestic violence is the main cause of female death aged 17 years to 40 years. Domestic violence has been defined in numerous ways, however one simple definition of domestic violence would be that, ‘’Domestic violence and emotional abuse are behaviours used by one person in a relationship to control the other.
One of these rules is that prior sexual history should not be brought up by defense counsel to discredit complainant. This helps to protect the complainant from further trauma and to insure the trial is fair and just. In trials, complainants are able to use testimonial aids. There aids help prevent further trauma from happening by aiding complainants tell their emotional stories. There are many challenges faced in Sexual Assault Law.
This issue can cause severe results such as injuries, physiological trauma, or even death. The No More Tears foundation is in charge of assisting the victims. They supply with
According to the narrow v. broad argument, the narrow definition focuses only on physical assault and sometimes sexual assault regardless of injury (Straus, 1999, p.37). The problem with this definition is that it exacerbates the problem of reporting because it disregards other forms of victimization. It also creates the hierarchy of abused based on seriousness. On the other hand, Straus notes that the broad definition tends to use a wider range of behaviours such as physical, sexual, verbal, economic and spiritual abuses and the resulting injuries (p. 37). The differences in definition are seen with how each country defines domestic
Chapter four refers to specificity "as the scope of criminal law" (Bohm & Haley, 2014, p.97). These acts can be ruled not criminal if certain information is not proven to have been present when the crime was committed. The state rules for sex offenders that have been convicted of this crime be persecuted and their information made public. This reminds
Domestic violence has been around for many years. Domestic violence however wasn’t considered a major problem or crime until the highly publicized court case in 1972 of Ruth Bunnell. Bunnell was killed by her husband after the police failed to intervene. In the years before Bunnells death, since the police failed to intervene even though Bunnell had called them twenty nine times prior to her death about her husband’s abuse of her and her daughters Bunnell was eventually killed by her husband. The police department was sued because of this and the suing party won.