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Instant Checkmate Background Check Glossary
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An Introduction to Misdemeanor and Felony Crimes
Crimes in the United States fall into two categories of severity: misdemeanors and felonies. Misdemeanors remain lesser crimes compared to felonies and carry less severe penalties, though some overlap between the two designations exists.
Violence is a major point of consideration when distinguishing between misdemeanors and felonies. That said, it is not a determining factor. For example, minor assault consists of physical violence that does not yield serious injuries, such as broken bones or lacerations that require stitches; many jurisdictions consider it a misdemeanor. However, many jurisdictions consider assault and battery on a child as a serious felony offense.
Felonies may also involve psychological harm, such as the harm incurred by the victims of kidnapping. Felony crimes, such as tax evasion or copyright infringement, can be much broader. Common examples of misdemeanors, meanwhile, include vandalism and disorderly conduct. Misdemeanors can sometimes lead to felonies, such as when a parolee violates the conditions of their parole.
Nonetheless, states have the authority to categorize crimes as they see fit. Many states maintain various levels of misdemeanor and felony crimes.
Nominal Sanctions. Warnings, Diversion, and Alternative Dispute .docx
Nominal Sanctions.
Warnings, Diversion, and Alternative Dispute Resolution
(Courtesy of Dean John Champion)
Learning Objectives
AFTER READING THIS CHAPTER, THE STUDENT WILL BE ABLE TO:
· Summarize the philosophy and objectives of community-based corrections.
· Summarize delinquency prevention efforts and programs.
· Describe diversion and various diversion programs.
· Explain the goals and operation of day reporting centers.
· Summarize the effectiveness of community-based programs.
· Describe various disposition alternatives, including nominal dispositions.
Introduction
A youth writes on the walls in the junior high school locker room with a permanent marker. Another youth damages a neighbor’s professionally landscaped flower garden. Are these cases worthy of a prosecution in a juvenile court?
This chapter will examine a broad range of dispositional options available to juvenile courts. These options include nominal sanctions, diversion, and Alternative Dispute Resolution (ADR). These types of sanctions or dispositions are applied in cases where juveniles pose the least risk to others or are considered to be low-risk first-offenders who are unlikely to recidivate.
The first part of the chapter defines nominal dispositions. Nominal dispositions are typically verbal warnings issued by judges in lieu of any formal adjudication for either status offending or delinquency.
The second part of the chapter discusses how many juveniles are diverted from the juvenile justice system through deferred prosecution and diversion. Various types of diversion programs will be defined and discussed. These programs attempt to constructively intervene in the lives of youth and hold them accountable for their actions without the formality of juvenile court processing. The use of teen courts, youth courts, or peer courts, for example, is increasing not only in the United States but internationally. In 2005, there were over 1,000 teen courts in the United States, and by 2007, there were approximately 1,250 (Schneider, 2007). Teen courts will be described in detail, including their respective strengths, weaknesses, and applications, and several specific teen courts will be illustrated to show how the youth court process functions.
The next section of this chapter describes day reporting centers. Located in one’s community, day reporting centers offer an array of services and assistance to youth. The goals and functions of day reporting centers will be described, and several examples of day reporting centers will be provided, together with information on their success in treating and supervising juveniles involved in less-serious delinquent behavior.
The chapter concludes with an examination of ADR and restorative justice. These types of programs are known collectively as victim–offender mediation programs. These programs unite victims and youthful offenders for constructive purposes, and they offer youth the opportunity to face their victims and accept respon.
BCJ 2002, Theory and Practices of Corrections 1 Cour.docx
BCJ 2002, Theory and Practices of Corrections 1
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Define terms related to corrections.
1.1 Define terms related to sentencing and diversion.
2. Assess the purpose, implementations, and effectiveness of corrections.
2.1 Identify the seven goals of criminal sentencing.
2.2 Examine the concept of diversion.
2.3 Analyze the concept of probation and the job of the probation officer.
8. Appraise the legal rights of inmates and the use of capital punishment.
8.1 Discuss various landmark cases referenced in the book and how they
apply to the current correctional system.
8.2 Match various landmark cases to their outcomes.
Unit Lesson
The general public has an expectation that those people that cannot conform to the
basic rules and law of society be punished for their lack of regard for the law. The
concept of punishment versus reform is one that has been constantly debated for
hundreds of years. In this unit, we discuss the goals of sentencing as they relate to
punishment.
There are seven goals of punishment that you need to understand in this unit. They
are as follows:
revenge,
retribution,
just deserts,
deterrence,
incapacitation,
rehabilitation or reformation, and
restoration.
There are also five sentencing options available to the offender:
fines and other monetary sanctions,
probation,
intermediate sanctions,
incarceration, and
death penalty.
One question we need to ask ourselves is, “do the five sentencing options fit into the
seven goals of punishment?” The death penalty does provide revenge, but does it
Reading
Assignment
Chapter 3:
Sentencing: To Punish or
to Reform?
Chapter 4:
Diversion and Probation:
How Most Offenders are
Punished
Learning Activities
(Non-Graded)
See information below.
Key Terms
1. Absconding
2. Conditional diversion
3. Correctional
econometrics
4. Determinate
sentencing
5. Diversion
6. Equity
7. Just deserts
8. Mandatory
sentencing
9. Restorative justice
10. Revocation hearing
11. Social debt
12. Unconditional
diversion
UNIT II STUDY GUIDE
Sentencing, Diversion, and Sanctions
BCJ 2002, Theory and Practices of Corrections 2
provide deterrence? Most would say that it does not provide any deterrence at all.
People are still committing crimes that justify the use of the death penalty in every
state in the country. When we look further into criminal activity like sex crimes, or more
specifically Internet sting operations where law enforcement makes contact with
individuals seeking to engage in sexual acts with minors, we see that the threat of
incarceration and years of probation have no effect on the goals of deterrence or
reform. The shame associated with being displayed on the television show “To Catch
a Predator” would seem to provide some sort ...
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An Introduction to Misdemeanor and Felony Crimes
Crimes in the United States fall into two categories of severity: misdemeanors and felonies. Misdemeanors remain lesser crimes compared to felonies and carry less severe penalties, though some overlap between the two designations exists.
Violence is a major point of consideration when distinguishing between misdemeanors and felonies. That said, it is not a determining factor. For example, minor assault consists of physical violence that does not yield serious injuries, such as broken bones or lacerations that require stitches; many jurisdictions consider it a misdemeanor. However, many jurisdictions consider assault and battery on a child as a serious felony offense.
Felonies may also involve psychological harm, such as the harm incurred by the victims of kidnapping. Felony crimes, such as tax evasion or copyright infringement, can be much broader. Common examples of misdemeanors, meanwhile, include vandalism and disorderly conduct. Misdemeanors can sometimes lead to felonies, such as when a parolee violates the conditions of their parole.
Nonetheless, states have the authority to categorize crimes as they see fit. Many states maintain various levels of misdemeanor and felony crimes.
Nominal Sanctions. Warnings, Diversion, and Alternative Dispute .docx
Nominal Sanctions.
Warnings, Diversion, and Alternative Dispute Resolution
(Courtesy of Dean John Champion)
Learning Objectives
AFTER READING THIS CHAPTER, THE STUDENT WILL BE ABLE TO:
· Summarize the philosophy and objectives of community-based corrections.
· Summarize delinquency prevention efforts and programs.
· Describe diversion and various diversion programs.
· Explain the goals and operation of day reporting centers.
· Summarize the effectiveness of community-based programs.
· Describe various disposition alternatives, including nominal dispositions.
Introduction
A youth writes on the walls in the junior high school locker room with a permanent marker. Another youth damages a neighbor’s professionally landscaped flower garden. Are these cases worthy of a prosecution in a juvenile court?
This chapter will examine a broad range of dispositional options available to juvenile courts. These options include nominal sanctions, diversion, and Alternative Dispute Resolution (ADR). These types of sanctions or dispositions are applied in cases where juveniles pose the least risk to others or are considered to be low-risk first-offenders who are unlikely to recidivate.
The first part of the chapter defines nominal dispositions. Nominal dispositions are typically verbal warnings issued by judges in lieu of any formal adjudication for either status offending or delinquency.
The second part of the chapter discusses how many juveniles are diverted from the juvenile justice system through deferred prosecution and diversion. Various types of diversion programs will be defined and discussed. These programs attempt to constructively intervene in the lives of youth and hold them accountable for their actions without the formality of juvenile court processing. The use of teen courts, youth courts, or peer courts, for example, is increasing not only in the United States but internationally. In 2005, there were over 1,000 teen courts in the United States, and by 2007, there were approximately 1,250 (Schneider, 2007). Teen courts will be described in detail, including their respective strengths, weaknesses, and applications, and several specific teen courts will be illustrated to show how the youth court process functions.
The next section of this chapter describes day reporting centers. Located in one’s community, day reporting centers offer an array of services and assistance to youth. The goals and functions of day reporting centers will be described, and several examples of day reporting centers will be provided, together with information on their success in treating and supervising juveniles involved in less-serious delinquent behavior.
The chapter concludes with an examination of ADR and restorative justice. These types of programs are known collectively as victim–offender mediation programs. These programs unite victims and youthful offenders for constructive purposes, and they offer youth the opportunity to face their victims and accept respon.
BCJ 2002, Theory and Practices of Corrections 1 Cour.docx
BCJ 2002, Theory and Practices of Corrections 1
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Define terms related to corrections.
1.1 Define terms related to sentencing and diversion.
2. Assess the purpose, implementations, and effectiveness of corrections.
2.1 Identify the seven goals of criminal sentencing.
2.2 Examine the concept of diversion.
2.3 Analyze the concept of probation and the job of the probation officer.
8. Appraise the legal rights of inmates and the use of capital punishment.
8.1 Discuss various landmark cases referenced in the book and how they
apply to the current correctional system.
8.2 Match various landmark cases to their outcomes.
Unit Lesson
The general public has an expectation that those people that cannot conform to the
basic rules and law of society be punished for their lack of regard for the law. The
concept of punishment versus reform is one that has been constantly debated for
hundreds of years. In this unit, we discuss the goals of sentencing as they relate to
punishment.
There are seven goals of punishment that you need to understand in this unit. They
are as follows:
revenge,
retribution,
just deserts,
deterrence,
incapacitation,
rehabilitation or reformation, and
restoration.
There are also five sentencing options available to the offender:
fines and other monetary sanctions,
probation,
intermediate sanctions,
incarceration, and
death penalty.
One question we need to ask ourselves is, “do the five sentencing options fit into the
seven goals of punishment?” The death penalty does provide revenge, but does it
Reading
Assignment
Chapter 3:
Sentencing: To Punish or
to Reform?
Chapter 4:
Diversion and Probation:
How Most Offenders are
Punished
Learning Activities
(Non-Graded)
See information below.
Key Terms
1. Absconding
2. Conditional diversion
3. Correctional
econometrics
4. Determinate
sentencing
5. Diversion
6. Equity
7. Just deserts
8. Mandatory
sentencing
9. Restorative justice
10. Revocation hearing
11. Social debt
12. Unconditional
diversion
UNIT II STUDY GUIDE
Sentencing, Diversion, and Sanctions
BCJ 2002, Theory and Practices of Corrections 2
provide deterrence? Most would say that it does not provide any deterrence at all.
People are still committing crimes that justify the use of the death penalty in every
state in the country. When we look further into criminal activity like sex crimes, or more
specifically Internet sting operations where law enforcement makes contact with
individuals seeking to engage in sexual acts with minors, we see that the threat of
incarceration and years of probation have no effect on the goals of deterrence or
reform. The shame associated with being displayed on the television show “To Catch
a Predator” would seem to provide some sort ...
Running Head THE DEATH SENTENCE .docx
Running Head: THE DEATH SENTENCE 1
THE DEATH SENTENCE 7
The Death Sentence
Brandy Vaughn
GEN 499: General Education
Instructor: Valencia Williams
17 October 2016
The Death sentence
Introduction
The death penalty is applied to people who commit capital offences that warrant a serious sentence. Crimes carrying a death penalty include; murder, robbery with violence, some forms of sexual assault, and the jury is free to determine whether the death penalty is applicable or not, depending on the evidence presented the severity of the crime and whether the offender is a first-time or repeat offender. On the other hand, Primary and Remedial Rights are rights and freedoms that` arise when a person breaches his primary rights. For example, the family of a person who dies at work is entitled to compensation, court injunctions call for a specific action from a person, company towards the complainant. For example, the court may demand that a media house spreading unconfirmed rumors makes a public apology to those involved and desist from such behavior in future. It is known that people are unaware and uninformed about the Primary and remedial Rights, their applicability in the law and the process they go through before their award. Additionally, the death sentence is also an unpopular sentence that many countries refrain from awarding. The research will show the reasons for that. However, the death penalty is expensive and time consuming to carry out, and many countries have distanced themselves from it. Therefore, it is ineffective in stopping capital crimes.
Cohen-Cole, E., Durlauf, S., Fagan, J., & Nagin, D. (2009). Model uncertainty and the deterrent effect of capital punishment. American Law and Economics Review, 11(2), 335-369.
The article focuses on the fact that the capital sentence, such as the award of a death sentence is not always successful in deterring criminals from capital offences. That is because the criminals recognize the severity of their situation as well as the risk of the action but still choose to commit the crimes. Additionally, a majority of the people who commit such crimes are hardened criminals who have come within inches of losing their lives while at work. Some of the can be hired mercenaries willing to do just about anything for money, and therefore, will risk their lives for the right price. Additionally, there is also the fact a majority of these criminals are mentally incompetent and may receive psychological help problems such as drug use and bizarre behavior. Therefore, they may not recognize the impact of the sentence awarded to them. Some may even wish for the sentence and commit the necessary crimes so as to receive the punishment.
For the punishment to be effective, many clauses ought to be added. For the wrong ...
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docx
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
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
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
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Understanding "Contributing to the Delinquency of a Minor" as a Misdemeanor
While the offense can sometimes be classified as a felony, it is often categorized as a misdemeanor, particularly when the circumstances are less severe. This article delves into the nature of the offense, the implications of its misdemeanor classification, and the broader impact on individuals and society.
What are the essential guides for understanding criminal law_.docx
Comprehending criminal law is essential for individuals engaged in the legal system, including law students, legal practitioners, and citizens seeking knowledge about their rights and obligations. Criminal law defines actions deemed detrimental to society and specifies the repercussions for transgressors. Understanding its principles is vital for navigating the complexities of legal proceedings and ensuring adherence to societal norms and standards.
Session 9. violence retribution & restoration.2016
Violent and Sexually Offending Young People 09
7Victims’ Rights and the CriminalJustice SystemCHAPTER.docx
7
Victims’ Rights and the Criminal
Justice System
CHAPTER OUTLINE
The Adult Criminal Justice System Versus the
Juvenile Justice System
Toward Greater Formal Legal Rights Within the
Criminal Justice System
The Quest for a Constitutional Amendment
Guaranteeing Victims’ Rights
The Achievements of the Victims’ Rights Movement
Rights Gained at the Expense of Offenders
Rights Gained at the Expense of the System
Rights Gained at the Expense of Offenders, the System,
or Both
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses for the
Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses During Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To realize that some cases of interpersonal violence
and theft will be handled in the juvenile justice
system.
To become familiar with the legal rights victims have
gained in recent decades.
continued
205
9781337027786, Crime Victims: An Introduction to Victimology, Ninth Edition, Karmen - © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
F
O
S
T
E
R
,
C
E
D
R
I
C
1
6
9
2
T
S
THE ADULT CRIMINAL JUSTICE
SYSTEM VERSUS THE JUVENILE
JUSTICE SYSTEM
This chapter examines what might happen in cases
that the police have solved by arresting an adult. As
the fate of the accused person is determined by the
criminal justice system, victims will interact with
prosecutors, defense attorneys, judges, juries,
and—if the defendant is convicted—corrections
officials. Cooperation is the desired outcome, but
conflict might erupt over certain divisive issues
with these criminal justice professionals and the
agencies that employ them.
Note that this chapter focuses on how cases are
processed by the legal system when adults are
arrested by the police. Each state has the authority
under the constitution to determine at what age
adulthood begins and for which crimes this distinc-
tion applies. For example, in New York, state legis-
lators decided that persons as young as 16 might be
considered as adults, and their cases could be pro-
cessed in the adult system. When the police arrest a
suspect as young as 13 for murder, he could be con-
sidered as sufficiently mature to face adult penalties,
such as a life sentence, if the prosecutor chooses to
pursue this get-tough option. In nearly all the other
states, the age when individuals can be held fully
responsible for their criminal behavior is 18.
In ...
Misdemeanor meaning and types of crimes & what is moving traffic violatio...
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Misdemeanor meaning and types of crimes & what is moving traffic violatio...
For more information visit: https://www.getlegal.com/legal-info-center/from-violation-to-misdemeanorfelony/
7Victims and theCriminal Justice SystemCooperation and .docx
7
Victims and the
Criminal Justice System:
Cooperation and Conflict
Part 2: Prosecutors, Defense Attorneys, Judges, Juries, and Corrections Officials
CHAPTER OUTLINE
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses
for the Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses during Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To recognize the various ways that prosecutors can
serve victims who are their clients.
To realize how conflicts can arise between victims and
the lawyers assigned by the government to represent
them in court proceedings.
To better understand the complexities of the witness
intimidation problem.
To appreciate how victims and defense attorneys
might become embroiled in conflicts.
To discover how judges make crucial decisions affect-
ing victims.
To become familiar with the many Supreme Court
decisions that affect how victims are handled during
legal proceedings.
continued
189
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
This chapter examines what might happen in thecases that the police have solved by making an
arrest. As the fate of the accused person is deter-
mined by the criminal justice system, victims will
interact with prosecutors, defense attorneys,
judges, juries, and—if the defendant is convicted—
corrections officials. Cooperation is the desired
outcome, but conflict might erupt over certain
divisive issues with these criminal justice profes-
sionals and the agencies that employ them. Two
overriding objectives of the entire legal process
ought to be the restoration of the injured party’s
personal dignity, and a symbolic reaffirmation of
social solidarity with those innocent persons who
were targeted by cold-blooded offenders. One
concern that lurks in the background throughout
this step-by-step walk through the system is: Are
all victims treated the same way, or are some indi-
viduals and groups handled with much greater care
than others?
Note that this chapter does not explore how
victims fare within the juvenile justice system.
That is a separate system, which dates back to the
early 1900s in most states. It resolves cases in which
minors are accused of committing crimes of vio-
lence against people of all ages, as well as property
and drug crimes, plus status offenses (such as truancy
and curfew violations). It is supposed to operate
according to a different set of principles (emphasiz-
ing treatment over p.
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Brandy Vaughn
GEN 499: General Education
Instructor: Valencia Williams
17 October 2016
The Death sentence
Introduction
The death penalty is applied to people who commit capital offences that warrant a serious sentence. Crimes carrying a death penalty include; murder, robbery with violence, some forms of sexual assault, and the jury is free to determine whether the death penalty is applicable or not, depending on the evidence presented the severity of the crime and whether the offender is a first-time or repeat offender. On the other hand, Primary and Remedial Rights are rights and freedoms that` arise when a person breaches his primary rights. For example, the family of a person who dies at work is entitled to compensation, court injunctions call for a specific action from a person, company towards the complainant. For example, the court may demand that a media house spreading unconfirmed rumors makes a public apology to those involved and desist from such behavior in future. It is known that people are unaware and uninformed about the Primary and remedial Rights, their applicability in the law and the process they go through before their award. Additionally, the death sentence is also an unpopular sentence that many countries refrain from awarding. The research will show the reasons for that. However, the death penalty is expensive and time consuming to carry out, and many countries have distanced themselves from it. Therefore, it is ineffective in stopping capital crimes.
Cohen-Cole, E., Durlauf, S., Fagan, J., & Nagin, D. (2009). Model uncertainty and the deterrent effect of capital punishment. American Law and Economics Review, 11(2), 335-369.
The article focuses on the fact that the capital sentence, such as the award of a death sentence is not always successful in deterring criminals from capital offences. That is because the criminals recognize the severity of their situation as well as the risk of the action but still choose to commit the crimes. Additionally, a majority of the people who commit such crimes are hardened criminals who have come within inches of losing their lives while at work. Some of the can be hired mercenaries willing to do just about anything for money, and therefore, will risk their lives for the right price. Additionally, there is also the fact a majority of these criminals are mentally incompetent and may receive psychological help problems such as drug use and bizarre behavior. Therefore, they may not recognize the impact of the sentence awarded to them. Some may even wish for the sentence and commit the necessary crimes so as to receive the punishment.
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CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docx
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
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
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
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Understanding "Contributing to the Delinquency of a Minor" as a Misdemeanor
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What are the essential guides for understanding criminal law_.docx
Comprehending criminal law is essential for individuals engaged in the legal system, including law students, legal practitioners, and citizens seeking knowledge about their rights and obligations. Criminal law defines actions deemed detrimental to society and specifies the repercussions for transgressors. Understanding its principles is vital for navigating the complexities of legal proceedings and ensuring adherence to societal norms and standards.
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7Victims’ Rights and the CriminalJustice SystemCHAPTER.docx
7
Victims’ Rights and the Criminal
Justice System
CHAPTER OUTLINE
The Adult Criminal Justice System Versus the
Juvenile Justice System
Toward Greater Formal Legal Rights Within the
Criminal Justice System
The Quest for a Constitutional Amendment
Guaranteeing Victims’ Rights
The Achievements of the Victims’ Rights Movement
Rights Gained at the Expense of Offenders
Rights Gained at the Expense of the System
Rights Gained at the Expense of Offenders, the System,
or Both
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses for the
Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses During Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To realize that some cases of interpersonal violence
and theft will be handled in the juvenile justice
system.
To become familiar with the legal rights victims have
gained in recent decades.
continued
205
9781337027786, Crime Victims: An Introduction to Victimology, Ninth Edition, Karmen - © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
F
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6
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THE ADULT CRIMINAL JUSTICE
SYSTEM VERSUS THE JUVENILE
JUSTICE SYSTEM
This chapter examines what might happen in cases
that the police have solved by arresting an adult. As
the fate of the accused person is determined by the
criminal justice system, victims will interact with
prosecutors, defense attorneys, judges, juries,
and—if the defendant is convicted—corrections
officials. Cooperation is the desired outcome, but
conflict might erupt over certain divisive issues
with these criminal justice professionals and the
agencies that employ them.
Note that this chapter focuses on how cases are
processed by the legal system when adults are
arrested by the police. Each state has the authority
under the constitution to determine at what age
adulthood begins and for which crimes this distinc-
tion applies. For example, in New York, state legis-
lators decided that persons as young as 16 might be
considered as adults, and their cases could be pro-
cessed in the adult system. When the police arrest a
suspect as young as 13 for murder, he could be con-
sidered as sufficiently mature to face adult penalties,
such as a life sentence, if the prosecutor chooses to
pursue this get-tough option. In nearly all the other
states, the age when individuals can be held fully
responsible for their criminal behavior is 18.
In ...
Misdemeanor meaning and types of crimes & what is moving traffic violatio...
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7Victims and theCriminal Justice SystemCooperation and .docx
7
Victims and the
Criminal Justice System:
Cooperation and Conflict
Part 2: Prosecutors, Defense Attorneys, Judges, Juries, and Corrections Officials
CHAPTER OUTLINE
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses
for the Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses during Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To recognize the various ways that prosecutors can
serve victims who are their clients.
To realize how conflicts can arise between victims and
the lawyers assigned by the government to represent
them in court proceedings.
To better understand the complexities of the witness
intimidation problem.
To appreciate how victims and defense attorneys
might become embroiled in conflicts.
To discover how judges make crucial decisions affect-
ing victims.
To become familiar with the many Supreme Court
decisions that affect how victims are handled during
legal proceedings.
continued
189
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This chapter examines what might happen in thecases that the police have solved by making an
arrest. As the fate of the accused person is deter-
mined by the criminal justice system, victims will
interact with prosecutors, defense attorneys,
judges, juries, and—if the defendant is convicted—
corrections officials. Cooperation is the desired
outcome, but conflict might erupt over certain
divisive issues with these criminal justice profes-
sionals and the agencies that employ them. Two
overriding objectives of the entire legal process
ought to be the restoration of the injured party’s
personal dignity, and a symbolic reaffirmation of
social solidarity with those innocent persons who
were targeted by cold-blooded offenders. One
concern that lurks in the background throughout
this step-by-step walk through the system is: Are
all victims treated the same way, or are some indi-
viduals and groups handled with much greater care
than others?
Note that this chapter does not explore how
victims fare within the juvenile justice system.
That is a separate system, which dates back to the
early 1900s in most states. It resolves cases in which
minors are accused of committing crimes of vio-
lence against people of all ages, as well as property
and drug crimes, plus status offenses (such as truancy
and curfew violations). It is supposed to operate
according to a different set of principles (emphasiz-
ing treatment over p.
A Comprehensive Review By the Law 2.0 Conference.pptx
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Difference between Felonies and Misdemeanors.pdf
- 1. Difference between Felonies and Misdemeanors Some people think that they can be arrested for vandalism, and they can also be arrested for robbery, so they are both the same kind of crimes. If you feel that the difference between different crimes is just the nature of punishment, you are mistaken. While some crimes include a warning and a small fine, others can lead to years of conviction. To help you understand the distinction between different crimes, let’s start with categorization. Crimes are mostly categorized into felonies and misdemeanors, and if you want to understand the clear difference between these two, and why would you need the aid of a Wake County bail bondsman, here’s a guide for you! Nature and Severity of Offenses Felonies and misdemeanors are distinguished primarily by the nature and severity of the offenses committed. Felonies typically includegrave crimes, such as murder, kidnapping, arson, and large-scale fraud. These offenses are often characterized by their potential to cause substantial harm to individuals or society at large, resulting in more severe punishments. Misdemeanors, on the other hand, constitute less severe offenses. These may include petty theft, minor assault, disorderly conduct, or first-time DUI (Driving Under the Influence). While misdemeanors still breach the law, they are generally considered less serious in comparison to felonies and thus entail less severe consequences.
- 2. Felonies range from violent crimes like murder and aggravated assault to white-collar offenses such as embezzlement and fraud. Whereas, misdemeanors encompass petty theft, simple assault, DUIs, and minor drug possession. Legal Consequences One of the significant distinctions between felonies and misdemeanors lies in the legal consequences each classification incurs. Felonies are typically associated with harsher penalties, including lengthy imprisonment, substantial fines, and in some cases, the death penalty in jurisdictions that enforce it. Additionally, individuals convicted of felonies often face challenges in acquiring employment, obtaining professional licenses, and even exercising certain civil rights like voting or possessing firearms. On the contrary, misdemeanors usually result in less severe penalties. Offenders may face shorter jail sentences, relatively less hefty fines, probation, community service, or mandatory counseling programs. Moreover, misdemeanors are less likely to have long-term consequences on the defendant's civil rights or future opportunities, unlike felonies. Legal Process and Punishments The legal process for handling felonies and misdemeanors is different than you might think. Felony cases usually involve grand juries, extensive pre-trial procedures, and trials by jury, aiming to ensure fair and thorough examination due to the seriousness of the charges. Misdemeanor cases, on the other hand, might involve a simpler legal process with fewer pre-trial formalities and, in some instances, may not require a trial by jury. The Bottom Line Irrespective of whether you are arrested for a felony or misdemeanor, you can always go for 24-hour bail bond agents to help you get out of jail before your trial. With bail bonds in Wake County, NC, you can secure your freedom regardless of whether you have the amount to post bail, or not, and prepare a rock-solid case without any hiccups or being behind bars. Need Wake County bail bonds for a loved one or yourself? Amistad Bail and Immigration Bonds can always be a great place to get started! For More Details: https://www.amistadbailbonds.com/difference-between-felonies-and- misdemeanors/