Nobody downloaded yet

North Carolina's Criminal Justice Process - Essay Example

Comments (0) Cite this document
Summary
The fundamental problem facing any society is how to control the actions of individuals that threaten the life, liberty, and property of other individuals as well as society’s collective interests of order, peace, decency and safety. Law is a formal means of achieving social…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.8% of users find it useful
North Carolinas Criminal Justice Process
Read TextPreview

Extract of sample "North Carolina's Criminal Justice Process"

Download file to see previous pages This principle is expressed in the maxim ‘Nullen Crimen, Nulla Poena, Sine Lege’, a Latin phrase which means ‘there is no crime, there is no punishment, without law’ (Schebb, 1999).
Criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called misdemeanors. Generally speaking, felonies are offenses for which the offender can be imprisoned for more than one year. Common examples of felonies include murder, rape, kidnapping, arson, assault with a deadly weapon, robbery and grand larceny (Mitchell 2008).
The common law developed a doctrine where an accused is engaged in the commission of a felony and a homicide occurs, the felonious act is regarded as a substitute for the proof of malice aforethought required finding the defendant guilty of murder. Thus, it becomes felony murder where an accused unintentionally killed a human being while committing or attempting to commit, such common-law felonies as burglary, arson, rape, or robbery. The theory is that if a killing resulted, even though unintentional or accidental, the required malice is carried over from the original felony. Consequently, the felon would be found guilty of murder (Schebb, 1999).
Although of dubious ancestry, the felony murder doctrine has been incorporated into most criminal codes in the United States even in North Carolina (Hall, 2000). With the proliferation of crimes classified as felonies, legislatures have generally limited its applicability to felonies, involving violence or posing great threat to life or limb. Felony murder statutes have produced much litigation in the criminal courts (Hall, 2000). Some of the question raised include-can a felon ho perpetrate an offense be guilty of felony murder where the victim of the intended offense kills a co-felon or -should the felon committing a crime such as robbery be guilty of felony murder if a police officer mistakenly kills the felon’s intended victim? And -can a felon be guilty of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“North Carolina's Criminal Justice Process Essay”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1556762-north-carolinas-criminal-justice-process
(North Carolina'S Criminal Justice Process Essay)
https://studentshare.org/miscellaneous/1556762-north-carolinas-criminal-justice-process.
“North Carolina'S Criminal Justice Process Essay”, n.d. https://studentshare.org/miscellaneous/1556762-north-carolinas-criminal-justice-process.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF North Carolina's Criminal Justice Process

Criminal Justice to Courtroom Process

...? Criminal Justice to Courtroom Process Criminal Justice to Courtroom Process The missing of Caylee Marie Anthony was reported on 15 July 2008, to the police 9-1-1 by her grandmother who she was living with, together with her mother and grandfather. Cindy, the grandmother, reported that Casey Marie Anthony could not be traced for a whole month. She said that her car smelled of a dead body. On her side, Casey gave various versions of Caylee’s whereabouts to the detectives (Colarossi, 2011), among them that she had been kidnapped by a certain nanny early in June. She said she had made all attempts to find her but in vain, arguing that she...
3 Pages(750 words)Essay

Structured Sentencing in North Carolina

...Structured sentencing in North Carolina Introduction Structured sentencing is a mechanism of punishing and sentencing criminals in North Carolina (Tonry 84). The method provides for grading of offenders according to the criminal record and severity of the criminal act committed by the offender (North Carolina Sentencing and Policy Advisory Commission 1). North Carolina enacted the system in order to provide credibility and maintain uniformity of the criminal justice system. The sentence is truthful since all early parole...
3 Pages(750 words)Essay

North Carolina Drug Courts

...? The North Carolina Drug Courts Introduction Recently, Drug Courts have turned out to be a common, swiftly increasing and broadly applauded specialized courts’ alternative approach that take care of drug lawbreakers and at times drug abusers indicted with non-violent crimes. These Courts act as an alternative to compulsory treatment for imprisonment. Drug Courts offer court directed, inclusive interventions intended to manage drug use and criminal activity among offenders living in the community (Hennessy & Pallone, 2002). Drug Courts’ Judges dispense therapeutic justice – instead of solving problems by imposing harsh penalties, they try to solve them through treatment...
3 Pages(750 words)Essay

Criminal justice process

...? Criminal Justice Process For a Felony & Number Submitted Criminal Justice Process For a Felony IntroductionA felony refers to a criminal charge, which attracts imprisonment for a jail term exceeding one year or death sentence (May, Minor and Ruddell, 2007). Death penalties in felony cases are usually handed in serious cases such as those involving intentional murder, and robbery with violence among others. A felony has also to be distinguished from misdemeanor, in that misdemeanor results when a criminal is incarcerated for a period not exceeding one year. Moreover, felony cases have both direct and...
6 Pages(1500 words)Research Paper

Criminal Jusitice. The Criminal Justice System Process

...of 1998 and 2004 in the Montgomery and District as shown by the records. Authorities mentioned that most of the items taken from the burglary turned up at Pawnbrokers on 14th Street NW at Sam's residence which was only a few blocks away. The manager at the store, Sam Levy, said that Collins had previously pawned goods at the shop in an interview. The Criminal Justice System Process The first step is the police soliciting for a lawful warrant for searching Collins’ premises. Apart from the inventory searches and administrative searches, the search would require probable cause to ultimately make one believe that particularized instrumentalities, evidence, or fruits of the crime will be...
6 Pages(1500 words)Research Paper

North Carolina v. Norman

...? North Carolina v. Norman Introduction Despite all the efforts taken by feminists, women still suffer from terrible discrimination. Even in the most developed countries they are severely abused by men everywhere: at work, in families or simply in the street. When a woman is abused in the street or at work, which are public places, she usually applies to court as there are many witnesses of the abuse and she was abused by an alien. When a woman is abused in her family by her beloved husband, the situation is much more difficult. Hundreds of women are killed by their husbands every year. Others simply suffer violence and humiliation and prefer to keep silence to save their family relations with sadists,...
9 Pages(2250 words)Essay

Criminal justice process

...important legal dispute comes out of the Crown Court or the Divisional Court then in that case the House of Lords can also be approached. George has to make a petition to the Crown Court highlighting the brief facts of the case and the grounds of appeal and he should also annex a certified copy of the magistrate courts order along with the appeal. REFERENCE 1. Davies, Malcolm." Comparative Criminal Law and Enforcement : England and Wales," 1 Encyclopedia of Crime and Justice (Joshua Dressler ed., 2d ed., New York: Macmillan Reference USA, 2002). 2. Bradley, Craig M. ed. Criminal Procedure : A Worldwide Study (Durham, N.C.: Carolina Academic Press, 2007) 3. Bryett,...
4 Pages(1000 words)Case Study

Wake County , North Carolina

...Wake County, North Carolina Research Paper Table of Contents Page Wake County, North Carolina 2 Works Cited 6 13 March Wake County, North Carolina The title of one of the fastest growing counties in the United States can be accredited to Wake County in North Carolina. This county is the second most populous county in the state of North Carolina with the total number of inhabitants amounting to approximately 900,933. The largest city in the county is Raleigh and is also the county seat. Raleigh was so named after Sir Walter Raleigh, the famous writer, poet and aristocrat. (July 2007 County Municipal Estimates by County) It was later found that Wake County is actually a present day amalgamation of Orange County, Cumberland County... and...
4 Pages(1000 words)Research Paper

The Criminal Justice Process

...Criminal Justice Process for a Felony Criminal Charge in a Court No: Criminal Justice Process for a Felony Criminal Charge in a State Court If a person commits a crime by violating the state law, he / she may be prosecuted under the law of the land. Usually in the United States of America, prosecuting attorney deals with the case. The state is bound to prove the guilt or a crime committed by the defendant on the basis of concrete evidence beyond any reasonable doubt. The defendant is absolved from the burden of proof since presumed innocent until the case is decided by the court. The pre trial...
6 Pages(1500 words)Research Paper

Criminal Justice Process

...Criminal Justice Process Criminal justice is explained as a group of practices, strategies and courts intended to sustain social accountability, dissuading and mitigating crimes and implementing penalties against those found responsible of committing crimes. The criminal justice system comprises of three major components that work together to see the criminal justice process throughout the beginning to end. Criminal al justice can also be seen as the application or study of laws concerning criminal behaviour....
8 Pages(2000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic North Carolina's Criminal Justice Process for FREE!

Contact Us