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5 pages (1250 words)
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It is therefore the role of the judiciary to uphold this principle and protect the rule of law.... Apart from the normal difficulty of administering justice and protecting the rule of law, courts are facing difficulties with the victim's rights issues and translation issues due to language barriers.... It is obvious that the criminal justice system is overburdened; this has in turn exerted a ripple effect in the prosecutor's office.... While it is beneficial for the court to manage their time through plea bargains, criminal offenders and other likeminded individuals are not effectively deterred from criminal activities since consequences are less severe....
On the criminal law itself, no-one knows how many criminal offences exist in England and Wales - perhaps about 8000 - and Parliament has been creating new offences at a rate of 100-150 a year”.
... Principles to Guide criminal law Reform.... Faulkner (2004) states that, “Recent developments in criminal justice have mostly been towards greater centralisation rather than local discretion and accountability.... This is encompassed within a broad-ranging view concerning the changing role of victims within the criminal justice process, their needs and rights, as well as victimological theories....
The paper 'Criminal Justice Issues' focuses on the Criminal justice system which refers to the system employed by the state to maintain law and order, social control, administering justice and enforcing laws.... Courts, law enforcement agencies are some of the institutions.... Criminal justice system refers to the system employed by the state to maintain law and order, social control, administering justice and enforcing laws.... Courts, law enforcement agencies are some of the institutions which carry out these responsibilities....
9 pages (2602 words)
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alan, P, Nored, L & Downey, R 2011, An Introduction to criminal law, Jones and Barnett
... The paper "The Benefits and Dangers of Participating in Restorative Justice" is a good example of a literature review on the law.... Thus the victims' rights and needs are brought at the centre stage
... Participating in the process enables the victim and the community to confront criminals and crime and to affirm the rights hence this enables them to empower themselves....
law enforcement: police, courts and corrections are the primary agencies charged with these responsibilities1.
... Yet, criminal justice professionals are united in believing that we must find To that end, significant research is being conducted to find out ‘what works' to end the cycle of recidivism.... mong the basic theories relating to criminal justice and its relation to individual rights and social control, is community justice or restorative justice....
Group harms are normally covered under civil and constitutional law, with hate crime being an emerging criminal law development, although criminal law tends to treat all cases as individualized.... Government became a symbol of law enforcement and maintaining order.... These insurrections challenged the penal system in its law enforcement policies, judicial processes, protection of parties afflicted, and integrity.... Victimizers as such were put away from law abiding gesellschaft....
9 pages (2250 words)
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Initially it is to provide complete information about law enforcers along with a social and psychological analytical background of the offenders (other serial killers) that would be helpful for the police who needs help in the investigations (Holmes and Holmes 139).... It is incumbent upon the society as a whole and the law enforcers specifically to examine all such cases to identify the real culprit behind the crime scene.... The communication is important in the sense that the communication of killers left behind a number of clues which in itself carries the element of taunting and insulting remarks to law enforcement agencies, their loved ones, threatened to do the same thing again and again, made demands and offered justified explanations in their own view for their behavior....
First the paper would discuss restorative justice briefly, and then it would move onto the discussion of the strategies considered essential for the empowerment of victims and youngsters so as to make them more participative in criminal justice systems.
... ccording to Goodey (2005), victimology is a branch of science that deals with the study of the relationship of the individual who has been victimised to the offender or the perpetrator of law, the police, the criminal justice system (the judges etc) and other organisations such as the media....
14 pages (3500 words)
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EU criminal law and Justice.... The 2005 Act continues to rely on force despite the ruling by the European Court of Human rights in the Case of M.... ‘Case Closed: Rape and Human rights in the Nordic Countries.... ‘The role and Standing Of The Victim in the Face of Criminal Procedure Sweden.... argues that the legal definition of rape under Swedish law with the emphasis on force rather than the mere absence of consent, compromises the successful investigation, conviction, and prosecution of rape....
(2010) criminal law: Examples & Explanations, fifth edition.... This essay "Tort law and the Liabilities" focuses on a set of laws, rights, responsibilities, and remedies used in the justice system to address civil lawsuits in which one or more of the parties affected seek compensation for the losses or injuries suffered.... Tort law By of 2712 Words Introduction As people interact in society, instances abound in which civil wrongs are committed against individuals and groups....
The prior relationship between victim and offender causes particular problems for law enforcement officials in the area of domestic violence.... the manifestations of violence within what should be a loving relationship to fully understand the horror to which victims are subjected and the need for adequate protection to be provided by both the civil and the criminal justice systems.... 1999, Victims' Needs, Victims' rights: Policies and programs for victims of crime in Australia, Research and Public Policy Series No....
This essay "Application in Forensic Odontology" shows that forensic odontology is widely used in criminal investigation particularly in the identification of remains of unknown or deceased individuals as well as identifying assailants of victims of crimes through bite mark analysis.... orensic Odontology is widely used in criminal investigation particularly in identification of remains of unknown or deceased individuals as well as identifying assailants of victims of crimes through bite mark analysis....
55 pages (13750 words)
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The focus of this paper is to critically evaluate whether a restorative justice system works in the English criminal legal system.... The underlying rationale for restorative justice within the criminal justice framework is to address the gaps in the court system in meeting victim needs.... As such the efficacy of any restorative justice scheme is inherently dependent The roots of restorative justice in the English criminal system can be evidenced in the criminal Justice Act 1972, whereby offenders were ordered to pay compensation for 'personal injury, loss or damage', resulting from the offense (Williams 2004: 108-110)....
12 pages (3741 words)
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The paper 'Restorative Justice – the Origin and Use in Today's Courts' is a spectacular variant of literature review on the law.... he goal of reforming the judiciary is to transform the system of justice founded on the basis of the rule of law and human dignity as opposed to that guided by socio-political interests.... estorative justice sees crime as a violation of human relationships, more than a violation of the law (Viano 2000).... Stanford law Review (52)4, p....
Therefore, offenders should be protected by law, and alternative means of punishing them for their wrongs imposed.... The punishment ensures that the offender gets what he deserves as breaking the law should not be tolerated.... University of Richmond law Review 41 (2007): 4.... ollowing an interview with a family member of a victim of death penalty, life gets very difficult after executing the criminal (Rachael).... Therefore, the penalty can be used in a situation where the offender commits subsequent crimes on humanity, and does not intend on changing his criminal life as evidenced by the case of Saddam Hussein Mohammed (Cranmer, & Jean, 85)....
The focus of the education program will be to equip the populace with knowledge of their basic human rights and rights under the criminal justice system.... Project Summary Many a time, the law of the State has been said to be discriminatory in its delivery of justice and issuance of the national cake to the benefit of all.... This has generally given most criminals a field day to have the notion that the law does not have the kind of teeth to bite them when they extend their acts to these underserved people....
22 American Journal of criminal law 461 no 89 (1995): 78.... One such case of a man who was executed in 1992 gained international attention in 2005 when a Virginia Governor, Mark Warner ordered a DNA testing on a 24-year-old sample evidence to determine whether Roger Coleman had killed his sister-in-law.... , individual law enforcement agencies and counties have enacted these reforms.... he report presented by the New York State Bar Association found that many wrongful convictions were reconciled because of law enforcement official mistakes, as well as the misidentification of the defendants by the witnesses and not because of new DNA evidence....
26 pages (6500 words)
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Impairing three centuries of colonial subjugation when it finally attained its independence in 1991, Ukraine has faced tremendous difficulties in instituting democracy, taking in a rule of law.... The enactment of a constitution in June 1996 articulating Ukraine's aim to adopt a rule of law was summoned by the Council of Europe.... he National Commission for the Strengthening of Democracy and the Rule of law, an organization founded in 2005 within the presidential secretariat to check and examine adherence to the Copenhagen standards for potential membership in the European Union (EU), endorsed a draft model for the restructuring of the criminal justice system which suggests extensive reforms aspiring to improve criminal legislation and reorganize the entire system based on human rights....
10 pages (2721 words)
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Increasing technological knowhow about computer and its systems have witnessed simultaneous increase in criminal activities carried through computers.... Section 220 of the USA PATRIOT Act 2001 authorizes the law enforcers to request and gather national warrants granted with email addresses.... Kumar indicates that IT Act 2000 is the Indian cyber crime law that defines the scopes of cyber crime and the modalities of prosecuting cyber criminals (6)....
The Sixth Amendment the rights of the accused in criminal cases.... The main components of a criminal justice systemare: law enforcement, prosecution, defense attorneys, courts and corrections, all of which play a major role in the process.... Officers in law enforcement take reports when crime is committed in their areas of jurisdiction, they investigate the crimes while collecting and protecting evidence.... They receive evidence from law enforcers, review it to decide whether to keep or drop a case, present the evidence in court, they question the witnesses and negotiate plea bargains with the accused....
This ineffectiveness on the part of law in handling such crimes is the cause of concern as seen from the responses of the criminal justice system for which one single case cannot be sufficient.... The effectiveness of the Australian criminal justice system has been a debatable issue to or not to fulfill the reasonable aspirations of the people from it.... It is said against the criminal justice system that public at large is not satisfied how justice is performed by not conducting suitable processing of offenders....
In case of severe punishments, criminals may be sentenced for life time in order to set an example for other possible offenders to ensure that future offenders may be deterred from indulging in criminal activity as they may see life imprisonment as a higher risk than the advantage of committing a crime.... All these three portions of the criminal justice system operate together while complying with the rule of law and they ensure that the legal rules and regulations are followed by members of the society....
The US internal security environment has become so complex and the current efforts by federal and state law enforcement agencies to identify and prevent potential threats to national security are obviously on the rise.... Superior technologies are needed by law enforcement officials to deter and detect those identity thieves who increasingly adopt undetectable modus operandi to overwhelm and rob their would-be victims.... The US law enforcement authorities have been baffled by the recent spate of crime involving identity theft and phishing scams....
On the other hand, a criminal law will require that the crime be proven beyond reasonable doubt.... It is its natural social and moral obligation to treat domestic abusers as criminals and it is necessary for the act of domestic battery as a criminal act.... oyle emphasized the need to understand that domestic violence cannot be viewed in the same light as other criminal cases because the aggressor in a domestic violence have a strong bond with the victim....
8 pages (2259 words)
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This paper discusses the discretions available to law enforcement, including but not limited to their pros and cons.... Hence, this paper's objective is to discuss such discretions available to law enforcement, including but not limited to their pros and cons, and express a stand on the matter.... It goes on to state that there are some situations which the law may not account for, it is up to the officer to decide how to deal with the situation at hand....
This paper tackles the definition of domestic violence (DV) as to what constitute and what causes DV and also the history of DV, illustrates the degree of DV in the US in terms of prevalence, its perpetrators, and its effect on American families and the US society as a whole.... ... ... ... The literature review attempts to understand victimization in and perpetration of domestic violence (DV), to appreciate the nature of DV perpetrators and how DV perpetrators are categorized, discusses the impact of DV on children, to understand how existing batterer intervention programs are being viewed by various authors....
This essay "The Types of Sex Crimes" analyzes the various types of sex offenses, the strategies to reduce the sex offenses, the statistical data on sex offenses, the classification of sex offenses and Megan's law in the USA, and the ways and means to reduce the sex offense crimes.... ex Crimes Sex Crimes College Sex crimes aggravate anger and fear in the neighbourhood which paved the way for the enactment laws to prevent sexual violence like registration of sex offenders, notification to community (Megan's law), and restrictions on residence, electronic monitoring and civil commitment....
Capital punishment has existed in The United states from since the time of the Common law.... Capital punishment has existed in The United states from since the time of the Common law, when it was also applied to all American colonies before their independence.... Even after the American Revolution, capital punishment was still maintained within the Anglo-American Common law which emerged.... Initially adopted by 38 states, capital punishment has since been banned by law in 34 states....
However, some of those who are involved in criminal mentioned as such go unpunished, something that raises a real concern.... Many issues are considered owing to denial of fundamental human rights in many parts of Europe alongside slavery and the slave trade.... he ultimate goal, therefore, is to bring those who break the law to justice, letting them bear the consequences of their mischievous behavior in human trafficking.... They use a multidisciplinary approach, which aims at enforcing the law including a wider range of preventive measures as well as those that support the victims.
...
6 pages (1871 words)
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Capital punishment has existed in The United States since the time of the Common law when it was also applied to all American colonies before their independence.... Capital punishment has existed in The United states from since the time of the Common law, when it was also applied to all American colonies before their independence.... Even after the American Revolution, capital punishment was still maintained within the Anglo-American Common law which emerged....
"Theories of Victimology and Investigation Analysis" paper states that in order to carry out an effective interview, there are things that an interviewer has to do before carrying out the investigative interview.... The first step is collecting as much information on the topic as one possibly can ....
he decision of ECtHR to recognize the right to truth in the protection of human rights in 2012 was a remarkable step in the history of the court.... This is possible when the court takes the role and duty of the state to investigate human rights violation cases.... The ECtHR in the case of El-Masri paid a high though concealed tribute to the Human Right's long standing case law.... UCLA law Review, 1727, 1743 (2013).
... The European Court of Human Rights Between law and Politics (Oxford University Press 2013).
...
Background study The traditional mode practiced in the criminal justice system is based on retributive justice, which is founded on the 'system of institutionalized vengeance'.... Thus, we find that the present criminal justice procedures are primarily offender-centric, and focus on guilt, sentencing prison terms (punishment), and protecting the offender's rights.... High percentages of reconviction of the released criminals, thus, show that the traditional criminal justice system is lacking in some form (Sherman and Strang, 2007)....
First, let us define crime and victimization: Legally crime is defined as an act proscribed by the criminal law and is punishable through the criminal justice system.... irst let us define crime and victimisation: Legally crime is defined as an act proscribed by the criminal law and is punishable through the criminal justice system.... In some others' opinion like Ashworth(1993), it will undermine the fundamental prinicples of criminal law - the culpability and intent....
It includes the contract law, real property, and criminal law.... For instance, criminal law defines certain individual behavior as illegal and lists the elements the government must substantiate to convict a person who has committed a crime.... nalysis of the key differences between criminal law, civil law, and administrative law
... The criminal law is concerned with crime and the legal punishment of criminal offenses.... The basis of criminal law is punishment....
Journal of criminal law and Criminology, 85(2), 333+
... Journal of criminal law and Criminology, 85(2), 333+
... This research makes use of numerous municipal cases from a specific domestic violence court to look at the victim advocate's role and factors that had an effect on the willingness of victims to cooperate with the prosecution.... Desmond Greer is a university lecturer of Common law at the University of Belfast.... The investigations conducted by victim support agencies, while substantiating the usefulness of emotional and practical assistance, demonstrate the severity of the issues of homicide survivors as aggravated by the criminal justice system....
he government and the criminal justice system are constantly updating and changing the laws to further protect victims of violent crimes.... The criminal justice system is not indifferent to the needs of citizens; they are making every attempt with limited resources to respect their needs.... One main example of this is the Crime Victims rights Act, which primarily focuses on protecting the rights, dignity, and privacy of victims of violent crime....
Panizza, Francis, ‘Human rights in the Processes of Transition and Consolidation of
... "Intеrnаtiоnаl Human Rights law" paper states that the human and legal rights developed from transitional justice have strengthened the need for countries to move away from repressive rules and civil war and come to face-to-face with their pasts by promoting peace and accountability.... Intеrnаtiоnаl Human Rights law
... The legislative arm of the government passed into law, giving Gacaca courts powers to try the remaining genocide cases....
17 pages (4250 words)
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The paper 'Gendered Boundaries between Offender and Victim' discusses proceeding gender distinction between the criminal and prey and the way how these limits have blurred, specific law areas where gendered variants in these borders are generic and what implications this has for both genders.... ape law 7
... omestic law 9
... ealigning law 12
... The aim of this paper is to discuss the way that these boundaries have blurred, specific areas in law where gendered differences in these boundaries are common and what implications this has for both men and women....
In New York City, minor indications of neglect and disintegration of life in the City's neighborhoods such as abandoned cars and buildings, littered streets, and prostitution have been accorded the right attention by the law enforcement agencies as they are the precursors of more serious crimes such as gang activity, drug dealing, and violent crimes among others.... To this effect, a ‘zero tolerance' approach based on the ‘broken window' theory has been implemented by different law enforcement agencies and personnel in New York City....
There are three main stages in which the law enforcement agencies of New York City may implement their evidence-based crime prevention strategies.... In New York City, minor indications of neglect and disintegration of life in the City's neighborhoods such as abandoned cars and buildings, littered streets, and prostitution have been accorded the right attention by the law enforcement agencies as they are the precursors of more serious crimes such as gang activity, drug dealing, and violent crimes among others....
The paper "Defining Terrorism and Victims of Terrorism" reports that in a majority of EU states, counterterrorism resolutions passed by the UN's Security Council conflict with human rights protections accorded by the European Convention on Human rights and domestic laws.... There have been a number of formal complaints in national courts claiming that the UN Security Council resolutions or domestic laws implementing these counterterrorism resolutions encroach upon inalienable human rights protections under EU and/or national laws....
citizen certain fundamental liberties and rights.... The Fifth Amendment guarantees the defendant's right to 'due process of law' and from being subjected to 'double jeopardy' or testifying against themselves.... The foundation of the American criminal justice system is located within the U.... With regard to criminal procedures, the foremost of these rights is the assumption of innocence.... criminal justice system functioning as the framers of the Constitution envisioned it....
This is necessary to meet the standard for substantive due process of law, a constitutional requirement in most states1.... It is just to be expected that the statutory definition would not provide for all possible applications of the law, and a further definition of the crime would be attained more effectively through judicial construction in actual cases....
In light with this, the context of placing men's rape in the limelight of law has increased.... Nevertheless, most of the men victims go silence because of the discrimination they fear they would get from the society given that they law is not even clear on how to articulate on men as victims.... This is a development that continues to raise controversies among feminists who have highlighted that the change dampens an analysis of the law in gender particular terms....
In accordance with the rule of law, victims should not be permitted to dictate justice or sentencing.... On the other hand, restorative justice emphasises the requirements of victims and offenders, and does not focus upon the necessity to satisfy the rules of the law or the infliction of punishment by the community.... Encyclopedia of Psychology and law.... Despite the disadvantages pointed out by the opponents of victim participation in sentencing, it has gained prominence in the criminal justice system of England and Wales....
Cyber Bullying in the Criminal Justice System in England and Wales By law of Table of Contents Table of Contents 2
... In England and Wales, cyber bulling is considered an offence under law.... Children' commissioner for Wales says law is needed to tackle cyberbullying.... k/news/wales-news/childrens-commissioner-wales-says-law-6186588 [Accessed 2 May.... The paper "criminal Justice System in England and Wales" discusses that the rational choice theory has plans that are centred on it which determine growing the penalty for crimes in the expectation that the agony is grander than the gain with an aim to avert crime that is yet to come....
It is commonplace in English law for females to be inflicted with a much harsher punishment than men for the same offence.... One of the principal causes for such restrictions on men is that there is a considerable body of literature and voluminous data, which clearly demonstrate that women are significant laggards in comparison to men when it comes to criminal activity.... The paper "Female victims of Miscarriage of Justices" examine the extant position, with respect to miscarriages of justice, in respect of female victims in the UK....
gainst him in the court of law and he has the right to an attorney" and the
... o uphold the law and protecting the innocent.... on, they are untouchable, even though an officer of the law might be fully
... eveloped such strength and organization that the law cannot touch them.... ut more often than not the law doesn't make the mistake of protecting the
...
The victim and her parents decided not to proceed with criminal actions against the young people involved in the specific event.... Yasaf is a young girl living and working in Yorkshire.... She was born in Britain.... 18 years before, her parents moved from Nigeria and settled in Yorkshire....