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The history of criminal law
Differentiate between civil and criminal law
History of the criminal justice system
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Regulations have administrated human demeanor for hundreds of centuries, and in present-day, criminal laws are to standardize and occasionally preserve social order. By allocating which conducts are prohibited, they present comprehensible standards of actions, cautioning society about which actions will be or will not be held accountable for, depending on the degree of severity; it is also figurative in conveying a statement that the public objects to these particular deeds. The earliest identified account of written decrees dates back to the period of the Babylonian King Hammurabi, or what we now know today as Hammurabi’s Code, which instituted high principles of an individual’s actions and severe penalties to violators, inflicting consequences equivalent to that of their crimes. An additional early structure of written laws was the renowned Mosaic Law, like the Hammurabi’s Code, based on the rule of “an eye for an eye” (Realities and Challenges 99). The general public in the United States are directed by a great quantity of regulations from an array of foundations such as the federal, state, and local administrative institutes that concern everything from acquiring a license to drive to crime against person. Although the organization of laws in the U.S. is extensive, complex, and varied, it can, in fact, be more comprehensive when sorting American laws into two general groups: civil law and criminal law. Civil law administers associations among individuals and a party who is wounded economically or physically by another individual or group can claim a charge in opposition to that unit. Conversely, criminal laws function below the conjecture that the society rather than a person, has been wronged by the defendant’s proce... ... middle of paper ... ...ega murders. Encountering the death penalty, Bundy would soon appeal in his own argument he was not responsible for the all murders (Rule 102-105). The investigators in the Ted Bundy case adhere to all the legal elements in our constitution. When investigators knew they did not have enough evidence to arrest Bundy, they gathered all the evidence necessary in order to condemn him of kidnapping Carol DaRonch. They provided him an attorney when he could not possibly afford one and when he fired the attorney, he was allowed to represent himself in his own case. The detectives in Florida were able to provide many crucial evidence linking him to the assault and death of Kimberly Leach and the deaths of the other girls. Bundy was justly condemned, as the Mosaic Law would have it, to death through the electric chair for the death of the many girls he had murder.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
He was intelligent, articulate and handsome. During a gruesome killing spree, Ted Bundy slaughtered more than thirty five women within the span of five years, becoming one of the most notorious serial killers in American history. He grew up believing that his grandparents were his parents and his unwed mother to be his older sister. He was not very good at building relationships and had a lot of conflict with his stepfather and enjoyed the terms of violence and sex as a child. Ted shoplifted during his teenage years and enjoyed being above the law. He was generally very shy and gained a lot of popularity and self esteem in high school because of his good looks. It was there that he met his high school girlfriend Stephanie Brooks with whom he become obsessed, but the relationship did not last very long as she did not feel the same way for him so she broke up with him. Depressed by the break up, Ted dropped out of college and returned home with his family where he found out the truth about his biological mother. This left Ted in a state of confusion about his identity and he felt betrayed by the women in his life. He went back to high school where he and Stephanie got back together but right after she agreed to marry him, he broke up with her to seek revenge. After this charade his killing spree began, luring young women with lies, abducting, raping, physically abusing and killing them.
Ted Bundy is without a doubt one of the most notorious serial killers America has ever known. Active from 1974 to 1978, Ted Bundy has been linked to at least 36 murders but it is widely believed that he slaughtered more than 100 women. Ted Bundys victims were sexually assaulted then slaughtered. The locations of his kills were Washington, Colorado, Utah, Oregon, Florida, Idaho, and Vermont.
evidence and the right of a condemned man to ask for testing.("A.B. Butler").He was exonerated by
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Introduction: On the spectrum of criminal activity, serial killers are rather rare. Rarer still is a serial killer like Ted Bundy. Bundy confessed to killing 28 women in the 1970s in ghastly fashion and some believe he may have killed far more. It is hard to imagine what could cause any person to cross the mental boundary into such macabre behavior as Bundy perpetrated. Nevertheless, it is important to try to understand that behavior because only though such an understanding would society be able to identify and deter mass murderers in order to save lives.
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).
Upon execution of his criminal acts, Bundy often visited the secondary scene of crime where he performed sexual acts with the decomposing bodies of the victims until destruction by wild animals or decomposition made further interaction with the bodies impossible. In addition to these criminal acts, Bundy decapitated heads of some of his victims and kept their heads in his residence for a period of time as mementos (Rule, 2009). The cases involving Bundy and his victims are cases of murder, rape, necrophile and kidnapping. These are capital offences that were well planned and executed by the perpetuator who made subsequent follow-ups of his criminal acts by visiting the secondary scene of crime.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Chapter two offers clarity on the subject of legalism and, through the words and actions of Reverend Martin Luther King, Jr., chapter two also conveys the dangers of blind obedience. The foundation of legalism is based on a set of laws that are intended to enforce morally correct behavior. Ultimately, in the grand scheme, these laws should protect personal rights, beliefs and safety whilst promoting ethical conduct. However, as Reverend Martin Luther King points out, laws should be carefully scrutinized for unfair and unreasonable policy that may only benefit a limited audience or agenda. If such laws are deemed unjust, doing nothing makes a person an equal contributor in the vain of moral corruption. Throughout the chapter it is shown that
This case is on Gary Ridgway who went on a twenty year killing spree. “The man whom cops would call the Green River Killer was to murder at least 49 women. Some investigators think he killed as many as 90, which, if true, would make him the biggest serial murderer in U.S. history. At his peak in '83, he was murdering as many as five women a month” (Mcarthy, 2002). This case happened throughout the eighties but he wasn’t caught until 2001 because of new technology with DNA testing which connected him to them in which he then admitted to the rest of the murders. This man was charged with forty-eight murders in which turned into forty-eight consecutive life sentences without the chance of parole. He agreed to show them where all the bodies were
Civil liability in today’s society is a big issue when dealing with the interaction between law enforcement agencies, prisoners and citizen’s. Civil liability means a lawsuit filed by a person’s against another person. Most civil lawsuits usually seeks monetary damages such as; for injury or losses that the party alleges that the other person which would be the defendant has caused. (Civil Liability, 2017). When the defendant is found guilty of the damages, he or she must pay whatever monetary damages the jury or the judge award to the plaintiff for the harm alleged by the plaintiff that the defendant caused and the damages suffered. Civil court work differently than criminal court because in civil court cases the plaintiff only needs to prove
During any criminal investigation there are several main elements involved in the case. These are known as ‘building blocks’. This involves the scene, collecting evidence, and presenting to the court. For a case to be successful these elements need to be followed. The main elements throughout the trial of OJ Simpson were the bedroom sock, the glove which was the most dramatic moment in courtroom history, the trail of blood, the lab and the white bronco. All these were the key factors that they brought to trial. There were flaws and questions asked and questioned regarding this evidence. It was the evidence that was collected and evidence that was missed which resulted in the outcome of this case.
As the outset, there are numerous reasons why the law can change human behaviour, but the most conspicuous one stems from the fact by keeping following the
Law and authority have historically been, and indeed continue to be, at the forefront of importance in the functions of societies. The crux of the matter revolves around the idea of fairness – equality for all under the umbrella of moral convictions. One may see the implementation of law as the exercise of such moral convictions: those who do wrong unto others should justifiably face the consequences of their actions. Correspondingly, those who promote goodness and righteousness should seemingly be rewarded for their benevolence. However, this gamble of right versus wrong contains a fortune of implications and further inquiries. To what, if any, extent should punishments and rewards be implemented? Does law care for the magnitude of the action