Short Answer: Criminal Act And Civil Act, Etc

SHORT ANSWERS
By:
Institutional Affiliation:
Chapter 4
110. Explain the difference between criminal act and civil act.
Criminal act is a division of act that deals with behavior that is construed as an offense against the state, public, and the society even the event that the immediate victim is an individual. Instances of criminal violations include assaults, murder, drunken driving, and theft among others. On the other hand, civil laws majors on the behaviors that result in injuries caused by an individual or other private parties such as a corporation. Instances of this include cases of defamation such as slander and libel, negligence that results in death or injuries, breach of contracts, and the damage to property. Criminal and civil laws differ with respect to the manner in which the cases are initiated and decided by the juries and the penalties imposed: the standards of proofs that need to be met, and the legal protections that are available to the defendants.
111. Discuss the legal arguments as to whether the death penalty violates the Eighth Amendment right against cruel and unusual punishment.
Arson, murder, and treason are examples of crimes that would prompt capital punishment in the society. According to the current constitutional Amendment to the United States, the elements of harsh and rare punishments are prohibited, although some provisions of the act of the parliament provides avenues where the accused perpetrators are granted a prompt and civil court-martial before a fair panel. As to whether the death punishment violates the human rights stipulated in the constitution that negates cruel and unusual punishment, the Federal Government responsible ensures and weighs the moral consequences of taking the life of an individual through the provision of fair trials for the accused. In this accord, the death punishment, therefore, undermines the human rights provisions, hence should be considered unethical and illegitimate. However, the judicial murder advocates purport that executing a convicted individuals often deters others from committing crimes out of the fear that they may be executed.
112. Explain why intoxication can be used as a criminal defense, and provide an example of a case in which intoxication might relieve an offender of responsibility.
Intoxication is considered as a defense available to criminal perpetrators who fail to understand the nature of their actions. Intoxication defense, therefore, occurs in limited circumstances that depend on whether the victim committed the offense voluntarily or involuntarily and the intent of the individual in making a criminal charge. Involuntary intoxication occurs in an instance where an individual is lured into consuming substances such as drugs or alcohol. Involuntary intoxication also occurs when an individual has an allergy or unintended effects that result from a legal prescription of medications. If considered as a crime, this means that the criminal defendant needs to have a specific intent to commit such a crime, with an involuntary intoxication occurring when criminal charges prevent a deferent from forming the intent required.
113. There is a difference between “not guilty by reason of insanity” and “guilty but mentally ill.” Which do you think is the best way to deal with mentally ill offenders? How does mensrea affect the difference between these two verdicts?
The mental status of a defendant has over time been an aspect of interests for several legal professionals. Several states have insanity pleas such as the Not Guilty by Reasons of Insanity (NGRI) and the Guilty but Mentally Ill (GBMI). The plea in a court lodged by an attorney over a person charged with a crime under the claims that he/she is mentally disturbed during the time the crime was committed is viewed as the plea of NGRI. The GBMI plea in most cases remains common if the defendant fail to appreciate the allegations, or the lack of clear understanding on the repercussions of their deeds. The GBMI plea is consequently reserved for those who meet particular criterions, thus denoting that the defendant requires a mental health treatment besides the punishment of his/her crimes. In this case, individuals found to be insane may result in incarceration within a mental facility over the crime committed. The men's rea, therefore, determines the mental stability of an individual before trial.
114. Discuss how presidential appointments can have an impact on the appointment of U.S. Supreme Court justices.
The selection process of the U.S. Supreme Court justice has over time turned complex. This is evident in the fact that the presidents as prescribed under the constitutional are granted the power to nominate justice. The presidential powers to appoint and nominate the Supreme Court justices are set forth in Article II of the Constitution. However, it is necessary to contemplate that the Senate is tooled with the duty to consent and advice the President in respect to the nominations. This process is immensely political in nature and reflects the Supreme Court’s broad authority enshrined in their powers as the final interpreters of the Constitution in handling issues of great national and political significance.
115. Explain the concept of double jeopardy and its significance to the criminal justice system.
The concept of double jeopardy is considered as a second prosecution over the same offence after the conviction or acquittal for the same offence. The evil that needs to be avoided through the prohibition of a double jeopardy is double conviction and double trial and not necessarily double punishment. This allowance therefore allows the juries to conclude that a suspect is guilty through declining sequential tribunal’s contrary judgments, till a time when the magistrates agrees with the found jury.
116. Explain the difference between murder and manslaughter.
Murder differs from manslaughter since the former is committed with malicious intention. In this case, murder happens when an individual dies out of a planned attempt or outcome of a felony or beating, while manslaughter occurs when a person dies out of negligence, with the outcomes of this depicting a misdemeanor or a car accident. The punishments ascribed to murderers are more has compared to that of manslaughter.
117. Explain why due process is such a vital component to the modern-day criminal justice system.
The due process is significant in that it emphasizes on the promptness and determination of a case, and the due procedure of investigating a suspect in quest of justice. The process analyzes the defendants’ rights during an earlier phase of the case also considered as the police investigations.
118. What is the current composition of the U.S. Supreme Court? Does it lean more toward liberal or conservative? Will this change in the coming years?
The Supreme Court Justices in spite of their reputation for neutrality is considered to lean along ideological leans that favor conservatism, while the justices appointed by Democrats tend to lean towards the liberals. This is likely to change in the event the different presidential elections are won by various parties that hold to different ideologies.
119. Discuss the importance of the right to a speedy and public trial?
There are dual principal purposes for prompt civil trial of an individual. First, a suspect is not imprisoned for an arbitrary duration. Secondly, a speedy court-martial prevents any potential interference with the evidence or eyewitnesses. These two prospects are crucial legal elements which protects the rights of an individual. They ensure fair trial of the suspect without contravening the provisions of the constitution. Witnesses can suffer from memory loss due to prolonged court process. This is unfair for the suspect who may end up being subjected to unfair trial by the judges because of biased or insufficient evidence tabled in the court.
120. The significance of mensrea in determining a guilty suspect
The law is an indispensable element in determining if a defendant is guilty of a crime since it establishes what a defendant was thinking and his intentions during the occurrence of the offenses committed. Mensrea allows the criminal justice system an opportunity to differentiate between an individual who did not have the intent to commit a crime and a person who had the intent to commit a crime.
121. What are the five tests that are used to prove insanity in court?
Criminal defendants found legally insane are not held accountable for the crimes they commit as a result of their conditions. The prosecutors, in this case, are required to determine the defendant’s willful intent with the aim of proving guilty to the criminal charges, an aspect that requires the State courts to use proper tests to establish the status of the individuals.
The state, therefore, incorporates a test to determine the sanity of a suspect during the material day of committing the alleged offence. The law also provides for mental test of a suspect to rule out any psychological disorder in the individual. Also, the tribunal determines the mental status of the defendant to rule out the alleged offence as the cause of the suspect absurdity. In addition, the courts determine the sanity of the suspect using a classical panel cipher. It also conducts functional and standardaptitude tests to the suspect.
122. Explain the role of the Fourteenth Amendment in criminal justice.
Constitution immediately drafted after the warfare protects the rights of all citizens. It defends people from being subjected to criminal injustice and human rights violation by the government. The constitution requires fair treatment of the citizens regardless of their diversities.The fourteenth amendment bill provides that all the Native Americans and ex-slaves born in the United States are legitimate citizens of the country. The 14th Amendment also prohibits the affiliate states of marginalizing any citizen within their jurisdiction.The law requires the citizens’rights and freedoms to be protected by the government. It further provides for subjection of people to a fair judicial process.
Chapter 5
108. Discuss two political values or social conditions that are currently shaping American policing.
In as much as technology falls more on the scientific side than on the social aspect, it is thaumaturgy considered as the greatest factors affecting policing. Technology is fast advancing in the world, and the police department cannot be left arise. In addition, the rise of global terrorism continues to influence the American legal policies. There is great concern for the country’s security situation and the need to protect the citizens of the United States against terrorism.
109. Which function of policing can curb crime? Give some instances to support your position.
Government institutions should freely interact for police to achieve better approaches of managing crimes. This creates incredible effects on the structure of police institutions. Thedevolvement of the policing department will tighten the security status of the citizen through community policing. It is therefore crucial to have a uniform organization of the police to motivate the security personal in enforce laws and maintain security of the state. Involving members of the public in ancillary and cooperation roles will create closer community links and give the security personnel freedom to perform duties.
110. Using examples, explain the disparity in the citizens levels of faith on the police between the minority people and the Caucasian citizens.
The disparity in the levels of public trust on the police in the united states is attributed to the sociological and economic factors. Aspects such as racialism, poverty, and marginalization of the minority citizens are considered to be the contributors of these challenges.
111. Explain two roles of the police in the country and the attitude of members of the public on police performance.
Where an individual generally has positive feedback; traffic enforcement, where the public generally has negative feedback; crime responsiveness, where the public has mixed review depending on their status as victims; and/or public relations, where the public has positive feedback on programs such as neighborhood watch support and bicycle safety awareness.
112. Problems resulting from police discretion and ways of controlling the discretion
Police discretion is habitually related to the police, a feature that makes the uniformed security personnel to act as a demarcation of the justice and criminal acts. Consequently, the police are given choice or freedom to decide during complex situations. Given this, there exist a level at whichthe security personnel may not exceed to avoid breaking the state laws.However, problems would be encountered when this opportunity is misused by the police through engaging in unlawful activities.
113. How can advancements in technologies for both citizens and the police assist police?
The advancement in the technology can offer police many valuable techniques for maintaining security status of the citizens. The police are in a position to expand their scope in community policingusing the global positioning system and the modern communication gadgets. Other equipment such as body shields and harmless missiles are crucial in improving the welfare of the police and the citizens. However, the advancement in technology has resulted in the mutation of criminal techniques since criminals have also adapted to the new developments.
114. Discuss impacts of budgetary constraints on community policing.
Budget reduction as detailed have the capacity to reduce the manpower for hiring practices, ratios of police to citizens in combatting crime, increase in crime rates, and need for community engagement. Economic rebates are important to the security officers. They cut-down public expenditure and increases the saving power. This promotes economic productivity without compromising the security situation of the country.
115. Giving instances of time and place of application, describe James Q. Wilson’s broken windows theory.
This theory explains how signs of disorganization within a locality can lead to more destruction in the area. This means we should anticipate danger if signs of such calamity manifest.
116. Explain the duties and priorities of the FBI before and since 9/11.
The FBI is a federal law enforcement agency that participates in a wide variety of significant law enforcement duties, such as fighting terrorism, fighting corruption, and protecting civil rights.
117. Identify and analyze the functions of the police.
The security officers have role in upholding order, enforce the law, and offering security services to the community in which they serve. Oftentimes, the police have become a type of social service agency. They are usually the only public agency that is available throughout the day.
118. Explain the organization of the police.
The structuring of security officers is comprised ofbureaucracies that are ordered in a military model of ranks and responsibilities. The department organization is based upon the size and characteristics of the population.
Chapter 6
110. Police departments use several methods to measure police productivity. In light of the shift to community policing (and away from punitive crime control), can measures such as arrests and traffic stops still be used to gauge police productivity? In your answer, suggest alternative measures if appropriate.
The p...