Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of courts in the criminal justice system
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of courts in the criminal justice system
Court Rulings and the Power of Law Enforcement
Star Allison
Grantham University
Court Rulings and the Power of Law Enforcement
The ethical battles of criminology are being played in the streets with law enforcement and state/local laws attempting to find the methods that do not illegally encroach on civil liberties, but also give law enforcement the tools it needs to maximally solve and reduce crime. New laws are implemented to give the law enforcement those tools, but when people’s rights are infringed the courts have to determine the intricacies of the practices. Court rulings and especially the Supreme Court cases should be studied because it not only reviews the law and the legality for which the consequences for
Criminology. The. New York: McGraw-Hill, 2012. Print. The. Shakur, Sanyika.
Police Powers in N.S.W The Police Force in N.S.W must have sufficient powers so that they are able to enforce the law properly and effectively for the safety of the community and its occupants. Powers, which provide Police to maintain and enforce the law, include: stop search powers, powers of arrest, move on powers, confiscation powers and the power to obtain personal details along with various others. Search powers permit police officers, for example, who have reasonable cause to suspect that a person has unlawful custody of a dangerous implement, to search the person and to examine any other personal effects, the person in question has with them (Summary Offences Act section 28A). After this search police may confiscate the implement or implements in the possession of the person who has it in their unlawful custody (Summary Offences Act 28B). After this the officer may formally charge the person or proceed with a summons, now the person must divulge their name and address.
Throughout the history of law enforcement within the United States, theories has been explored and implemented as polices in addressing deviant behaviors produced by humans. Models such as Crime Control through the Conflict perceptive suggest the human nature is persuaded by social opportunities and considered a fundamental aspect of social life (Schmalleger, 2009, p. 347). However, social disorders must be addressed in a cordial and civil procedural fairness; thus, individual rights guaranteed by policies such as Due Process ensure that individuals under allegations are treated equally and just. Although crime and deviant behaviors exist within our communities, policies are intended to reduce such disorders by following cohesive criminal justice frameworks with the intentions of protecting individuals accused of crimes. Crime Contro...
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
The courtroom is a ritualised space, involving costume, language, spatial organisation and so on, and courts, therefore, constitute performative exercises of power. Discuss some of the ways in which courts demonstrate power and/or power relations.
“Most Supreme Court Cases regarding criminal justice try to strike a balance between the rights of the individual and the rights of the society. The Supreme Court has the difficult task of bringing balance between these two often conflicting goals.” (POLICE, 2011, p.181).
In July 2003, Sheriff’s Deputy Todd Shanks of Multnomah County Oregon was performing a routine traffic stop on a vehicle driven by William Barrett. During this stop, Shanks arrested Barrett because of an outstanding warrant and then searched the car. A pressure-cooker found in the trunk was believed to be used in the making of methamphetamine. Barrett informed Shanks that the owner of the pressure-cooker was “Gunner Crapser,” and that he could be found at the Econolodge Motel in a room registered to a woman named Summer Twilligear (FindLaw, 2007, Factual and Procedural Background section, para. 2). Deputy Shanks quickly learned that there was an outstanding warrant for a “Gunner Crapser” but to not confuse the wanted man, whose name was not actually “Gunner Crapser,” with someone else using this name.
Pratt, T. C. (2008). Rational Choice theory, criminal control policy, and criminology relevance. Policy essay, 43-52.
Lilly, Robert J., Francis T. Cullen, and Richard A. Ball. 2011. Criminological Theory: Context And Consequences. 5th ed. California: SAGE.
Time may pass and personal morals may change, but one of the strengths of the United States of America is its unwavering dedication to justice. Throughout time, this country’s methods and laws have grown and adapted, but the basis of the law enforcement’s work has remained the same: the safety and interest of the people.
Criminology, as defined by the University of Pennsylvania’s Department of Criminology, is the scientific study of the causes of crime, prevention of criminal behavior and the functioning of criminal justice institutions. Ian Hay, a distinguished criminologist from the Flinders University of South Australia states that many few criminologist have written about topics regarding research ethics (Mark Israel I. H., 2005). Several, however, have orally shared their research in ethics and research committees. Furthermore, this paper will outline ethical issues confronted by criminologist. These ethical issues include, for example, confidentiality, informed consent, as well as the method and integrity of the research being conducted.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Criminology is the study of crime and criminals; a branch of sociology. More accurately, it is the study of crime as a social trend, and its overall origins, its many manifestations and its impact upon society as a whole. That makes it more a form of sociology than a law enforcement tool. But the trends it studies have a huge impact on the way the police do their jobs, the way society treats its criminals, and the way a given community goes about maintaining law and order. The writer will describe and give examples of the three perspectives of viewing crimes. The perspectives that will be highlighted are the consensus view, the conflict view or the interactionist view. Each perspective maintain its own interpretation of what constitutes criminal activities and what causes people to engage in criminal behaviors (Siegel, p.12).
Banks, Cyndi. Criminal Justice Ethics: Theory and Practice. 3rd ed. Thousand Oaks: Sage, 2009. Print.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular