Criminal jurisdiction
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The document discusses the criminal justice system and its jurisdiction over implementing criminal laws covering property and public interest. It describes how the criminal justice system can remove freedom for crimes of appropriate gravity, but not civil cases, with discretion lying with the courts rather than juries. It briefly outlines the criminal justice process from crime reports to preliminary evidence gathering to potential charges or dropping of charges. It suggests learning more about criminal justice jurisdiction from one of the best criminal justice schools in California.
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THE PRIMER is an initiative of independent researchers. The facts and analyses presented herein represent the authors’ own appreciation of published material and primary sources that were accessible to them during the course of the research.
They do not represent any position of the government of the Republic of the Philippines, unless stated otherwise, nor of the publisher.
The purpose of this Primer is to make available in a single updated volume a simplified and objective rendering of the historical background, current conditions, pertinent issues and policy questions regarding the territorial and maritime disputes in the West Philippine Sea.
It is intended to assist students, researchers, media practitioners, non-specialist members of the civil service, as well as the general public, in deepening their understanding of the many different issues of the West Philippine Sea disputes.
The questions and answers are framed from a Filipino perspective that focuses on information that the authors
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Aileen S.P. Baviera, PhD
Jay Batongbacal, JSD
UNIVERSITY OF THE PHILIPPINES
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Chapter1. Plea bargaining.Plea agreement is any agreement in a c.docx
Chapter1. Plea bargaining.
Plea agreement is any agreement in a criminal agreement which occurs between a prosecutor and a defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. The different types of plea bargain are;
· Charge bargaining; this is a case whereby the defendant to a less serious crime that is less than the original charge.
· Count bargaining; in this type the defendant only pleads to only one or more charges which are considered original and its ends up with the prosecutor dropping all the other cases or charges at hand.
· Sentence bargaining; This type of plea bargaining involves the defendant taking a plea of guilty or no contest after both parties have come into an agreement
In the process of who does the plea agreement we find out that it’s an agreement between two parties who are the defendant and the prosecutor in which the defendant will have to finally accept to be guilty in the exchange for an understanding by the prosecutor to drop one or more charges at hand.
We come to find out the influences of the plea bargaining to be;
· We find it hard to allow all the cases to be bargained down.
· It’s not allowed for the lawyers to give a sentence but the Judges.
· There is a multiple of opportunities to choose a trial upon those who chooses a plea bargain.
· We find out that there are very many types of plea bargains such as the sentence, fact, count, and the charge bargaining type.
Chapter 2; Crime Figures.
It’s reported that there were an estimated 1,197,704 violent crimes committed around the nation.
In 2015, the following statistics were taken;
· There were observed 327374 robberies which occurred nationally.
· There were around 90185 rape cases that were reported which lead to the states to introduction of revised rape definition laws.
· During 2015, it was estimated that around 1569 people in the whole nation were considered murderers.
· There was a property crime report which estimated that 14.3$ billion people were considered lost.
The following are some of the reports that were collected by the year 2015;
· The Federal Crime Data; The 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies are included in the second UCR report majoring on the crime reporting from federal agencies.
· Human Trafficking; The general content about human trafficking together with data provided agencies that reported human trafficking offences in 2015 are represented in the third report UCR’s trafficking data.
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Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
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Introduction to Criminal Law and Cybercrime
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There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
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Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
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The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
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West Philippine Sea Primer (15 July 2013)
THE PRIMER is an initiative of independent researchers. The facts and analyses presented herein represent the authors’ own appreciation of published material and primary sources that were accessible to them during the course of the research.
They do not represent any position of the government of the Republic of the Philippines, unless stated otherwise, nor of the publisher.
The purpose of this Primer is to make available in a single updated volume a simplified and objective rendering of the historical background, current conditions, pertinent issues and policy questions regarding the territorial and maritime disputes in the West Philippine Sea.
It is intended to assist students, researchers, media practitioners, non-specialist members of the civil service, as well as the general public, in deepening their understanding of the many different issues of the West Philippine Sea disputes.
The questions and answers are framed from a Filipino perspective that focuses on information that the authors
considered to be most important and of interest to citizens of this country, rather than information that may be highlighted by various foreign authors, organizations or governments. The contents are not intended as advocacy of any particular position or policy recommendation.
The authors would like to thank Lucio B. Pitlo III for his invaluable research assistance in the preparation of this Primer. For inquiries and comments, please contact the Asian Center, University of the Philippines Diliman.
Aileen S.P. Baviera, PhD
Jay Batongbacal, JSD
UNIVERSITY OF THE PHILIPPINES
public international law
“Case concerning land, island and maritime frontier dispute. El Salvador vs Honduras Nicaragua intervening” (1992).
110828 the big ten 07 the right to life
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Extra Judicial Execution Victim Families Association (EEVFAM) & Anr. .....Pet...
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Chapter1. Plea bargaining.
Plea agreement is any agreement in a criminal agreement which occurs between a prosecutor and a defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. The different types of plea bargain are;
· Charge bargaining; this is a case whereby the defendant to a less serious crime that is less than the original charge.
· Count bargaining; in this type the defendant only pleads to only one or more charges which are considered original and its ends up with the prosecutor dropping all the other cases or charges at hand.
· Sentence bargaining; This type of plea bargaining involves the defendant taking a plea of guilty or no contest after both parties have come into an agreement
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· We find it hard to allow all the cases to be bargained down.
· It’s not allowed for the lawyers to give a sentence but the Judges.
· There is a multiple of opportunities to choose a trial upon those who chooses a plea bargain.
· We find out that there are very many types of plea bargains such as the sentence, fact, count, and the charge bargaining type.
Chapter 2; Crime Figures.
It’s reported that there were an estimated 1,197,704 violent crimes committed around the nation.
In 2015, the following statistics were taken;
· There were observed 327374 robberies which occurred nationally.
· There were around 90185 rape cases that were reported which lead to the states to introduction of revised rape definition laws.
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· There was a property crime report which estimated that 14.3$ billion people were considered lost.
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· The Federal Crime Data; The 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies are included in the second UCR report majoring on the crime reporting from federal agencies.
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Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
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1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
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1 Crime, Criminal Justice, andCriminologyLearning Obj
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1. Blacks commit more crime than any other racial group.
9
2. The United States has the lowest recidivism rates in the world (return to prison).
3. The death penalty is cheaper than life imprisonment.
4. Politicians shape our thoughts on crime, even if they are inaccurate.
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1. Blacks commit more crime than any other racial group.
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2. The United States has the lowest recidivism rates in the world (return to prison).
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4. Politicians shape our thoughts on crime, even if they are inaccurate.
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The first lesson in crime and criminality I remember was when I was in second grade and stole something from
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did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or
shame, I told my grandma what I did.
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The History of the Pre-sentence Investigation Report
Considered among the most important documents in the criminal justice field, the
presentence investigation report (PSI) has been the central source of information to
sentencing judges since the 1920s. Its original purpose was to provide information to the
court on the defendant’s personal history and criminal conduct in order to promote
individualized sentencing. With the advent of more punitive sentencing policies in recent
years, the PSI has become more offense focused and less individualized. Despite current
trends, the PSI will likely remain a critical component of the American criminal justice
system
Origins of the PSI
The origins of the modern presentence investigation began in the 1840s with the
crusading efforts of Boston shoemaker John Augustus (1841-1859). It was Augustus’
belief that the "object of the law is to reform criminals and to prevent crime, and not to
punish maliciously or from a spirit of revenge." In his efforts to redeem selected
offenders, Augustus gathered background information about the offender’s life and
criminal history. If he determined that the person was worthy, Augustus provided bail
money out of his own pocket. If he succeeded in winning the person’s release, he helped
them find employment and housing. Later he appeared at the sentencing hearing and
provided the judge with a detailed report of the person’s performance. Augustus would
then recommend that the judge suspend the sentence and release the person to his
custody.
Considered the father of modern probation, Augustus’s leadership led the Massachusetts
legislature to establish the nation’s first probation law in 1878. By authorizing the Mayor
of Boston to appoint a member of the police department to serve as a paid probation
officer, this statute formalized the practice of extending probation to "such persons as
may be reasonably be expected to be reformed without punishment." The law was
expanded in 1891 with the creation of an independent state-wide probation system. By
the time that the National Probation Act was passed in 1925 creating a Federal probation
service, the majority of states had probation statutes.
The evolution of the presentence investigation was given further impetus by the
reformatory movement of the 1870s. Because reformatory movement proponents
advocated an individualized approach towards the redemption of the criminal,
indeterminate sentencing became a popular sentencing reform throughout the later half of
CEN TER ON JUVEN ILE AN D CRIMIN AL JUSTICE
w w w .cjcj.org
the 19th century and became the standard form of sentencing throughout the United
States until the 1980s.
Simultaneous to the development of probation and the indeterminate sentence, the
evolution of the social sciences gave rise to the medical model of corrections during the
1920s and 1930s. The medical model was founded on the belief that crime was the result ...
LEARNING OBJECTIVESWhen you complete this chapter, you should be a.docx
LEARNING OBJECTIVES
When you complete this chapter, you should be able to:
· ❶ Describe the prosecutor’s role, prosecutor’s discretion, and the issues surrounding prosecutorial misconduct.
· ❷ Explain the concept of joinder and reasons for it.
· ❸ Explain the purpose, functions, and powers of a grand jury.
· ❹ Outline the development of the right to counsel.OUTLINE
INTRODUCTION: BRINGING CHARGES AND MOUNTING A DEFENSE310
THE PROSECUTOR310
· The Charging Decision310
· Deciding Not to Prosecute310
· Challenging the Decision Not to Prosecute312
· Restrictions on Bringing Charges315
· Selective Prosecution315
· Vindictive Prosecution317
· Dealing with Overzealous Prosecutors319
· Recourse319
· Joinder320
· Multiple Charges against the Same Individual320
· Charges against Multiple Defendants321
THE GRAND JURY321
· How a Grand Jury Is Constructed322
· Duration323
· Size323
· Voting Requirements324
· Selection of Members324
· Secrecy of Grand Jury Proceedings327
· Disclosure of Witness Testimony to the Defense327
· Disclosure of Witness Testimony to Other Parties328
· Rights of Witnesses Testifying before Grand Juries328
· Right to Testify328
· Being Advised of the Right Not to Testify328
· Right to Counsel328
· Investigative Powers of the Grand Jury329
· Subpoenas329
· Grants of Immunity330
· Findings of Contempt330
· Challenging a Grand Jury Indictment330
THE DEFENSE ATTORNEY331
· The Right to Counsel in a Criminal Prosecution332
· Due Process Origins332
· The Contemporary Sixth Amendment Approach333
· The Right to Counsel at Other Stages of the Criminal Process333
· The Sixth Amendment Approach333
· The Fifth Amendment Approach334
· The Due Process Approach334
· Waiver of the Right to Counsel334
· Indigent versus Nonindigent Defendants’ Right to Counsel of Their Choice336
· Effective Assistance of Counsel336
· When the Right Applies337
· The Meaning of “Effective Assistance”337
Summary339
Key Terms341
Key Cases341
Further Exploration342
Review Questions342
Web Links and Exercises343Introduction: Bringing Charges and Mounting a Defense
This chapter will focus on the roles of the prosecutor, grand jury, and defense attorney. It must be emphasized that all of these entities have an important role to play in the case even before the pretrial process begins. For example, the right to counsel attaches to varying degrees well before the pretrial process is set into motion. Similarly, when the services of the grand jury are required, it can perform an investigative function well before the arrest stage of the criminal process. Prosecutors, too, perform a great deal of work before the pretrial process.The Prosecutor
The prosecutor is the official given the task of charging criminal suspects in the name of the government and obtaining convictions of those responsible for violating the law. There are several types of prosecutors in the United States. U.S. attorneys are prosecutors in the federal criminal justice system. District attorneys, or state’s attorn ...
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