Criminal Law Basics Essay

1620 words - 6 pages

“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
• Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution. This law also governs the actions set by the United States Constitution. (Wikipedia, 2014)
• Administrative law – body of law that consists of creating and establishing administration agencies. Rules, responsibilities, regulations, and the powers used by these agencies are also developed under this law. Agencies such as the Social Security Administration and Welfare Commissions are two agencies included in this law. Usually, the creations of these agencies were made to provide their applicants with benefits. (School, Administrative Law)
• Statutory law – this body of law is crucial to the safety of the public. How our different bodies of government function and many of the laws within them are based on the above law. The outline used for today’s society and how justice is maintained comes from this law. (Demand Media, 2011) Mainly these laws are written and set by governing authorities in response to the needs of the public or civil order. (Statutory law - Definition, 2010)
• Case law/Common law – body of law developed over time by higher courts. Laws are created around previous decisions made in a trial. These laws must have a beginning that stems from specific facts to be legal. A judge is able to make a law from the use of interpreting the law on a case by case basis. (USLegal, 2001-2014)

For a police officer to legally arrest a person the officer must first obtain a valid search warrant or have substantial probable cause for the arrest. A warrant is usually written by a judge or other competent officers. The purpose of a warrant is to allow actions that would be considered illegal normally and provides the executor protection from the actions that would normally be considered illegal. (Delich, 2014) There are three types of warrant that are most prevalent in criminal law. These include:
• Search warrant – order that is signed by an impartial judge that allows an officer to search a property. A search warrant must include a specified location and time for the search of certain objects or materials. Only the property that that was detailed in the warrant and the search and likewise anything seized during the search. (Law for All, 2014)
• Bench warrant –a variant of an arrest warrant that authorizes the immediate arrest of an individual. Bench warrants are often...

Find Another Essay On Criminal Law Basics

Crime Scene Profiling Essay

1384 words - 6 pages (Federal Bureau of Investigation). FBI (Federal Bureau of Investigation), deal with highly organized crimes that local law enforcement agencies refer to them. Serial offenders often commit crimes in a less than organized fashion, leave evidence at the scene, and are usually apprehended after the first, second or third offence so the FBI is not consulted. (Schlesinger, 2009) Criminal profiling is used not only in identifying unknown offenders

The Glaring Problems Hidden in the Similarities of the Stand Your Ground and Castle Doctrine Laws

1080 words - 5 pages . Works Cited Carmon, I., (2014, March). Can women stand their ground? Depends on the target. MSNBC. Web. Retrieved from: http://www.msnbc.com/msnbc/can-women-stand-their-ground. May 16, 2014. Findlaw. (n.d) States That Have Stand Your Ground Laws Web Retrieved from: http://criminal.findlaw.com/criminal-law-basics/states-that-have-stand-your-ground-laws.html. May 16, 2014. Lott, John Jr. (2012, March). It’s not about Stand Your Ground. National

POLICE OFFICER TRAINING CURRICULUM

1307 words - 5 pages become an officer.      The recruit needs to be orientated into the world of law enforcement. Within this training I would stress the foundations of the legal system, the functions of the criminal justice system and what role the police officer plays in the criminal justice system. A recruit also needs to understand that an officer needs to handle himself or herself in a professional manner at all times and the importance of

Identify and explain how technology was used in each of the following policing eras - Kaplan University, CJ216 - Essay

879 words - 4 pages of the Future of Freedom Foundation Homberger, J. (Feb. 2005). The Bill of Rights: The Rights of the Accused. Retrieved from http://fff.org/explore-freedom/article/bill-rights-rights-accused Thomson Reuters (2017) http://criminal.findlaw.com/criminal-law-basics/difference-between-grand-jury-and-trial-jury.html Thomson Reuters (2017) http://criminal.findlaw.com/criminal-legal-help/bail-bonds.html

Identification of User Community

1240 words - 5 pages Advocacy for an enormous variety of clients in all courts and tribunals. The second is to provide specialist advice in specific areas of law such as criminal, family or commercial law. The Barristers work comes from solicitors and also from other professionals such as accountants, surveyors, and from foreign lawyers. The principal function of barristers is to appear in court and represent clients and plead their cases and advice generally on

Should Marijuana Be Unregulated?

1560 words - 7 pages Across the United States, men and women are serving multiple years in prison for marijuana related crimes. According to King and Mauer’s research about war on drug, “New York experienced an 882% growth in marijuana arrest including an increase of 2,461% for possession offenses” (King & Mauer). The essential issue about an increase in marijuana related arrests diverts law enforcer’s attention away from greater criminal activities. It has

Immigration Law: Outlining Immigration Reform Principles

600 words - 3 pages The US Immigration Reform has become the featured piece of most global news shows. It doesn’t come as a surprise since the country has one of the highest number of immigrants from various countries in the world. The topic can be overwhelming and most people see it as yet another Republican vs. Democrat battle. However, since an immigration law is not a simple matter to get into, let’s try to go to the basics and analyze what the republican

Punishment

1104 words - 4 pages in retribution for an offence or transgression; (also) that which is inflicted as a penalty; a sanction imposed to ensure the application and enforcement of a law." ("Punishment," 2009). The types of punishment continues to fuel debates throughout our country. When a crime is committed regardless of how severe almost everyone in today's society believes that the criminal should be punished. The consequences of the crime should be calculated

Criminology in the Past and Today

1137 words - 5 pages The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred

Minorities vs. The Criminal Justice System

2263 words - 9 pages criminals" (Smith 161). People in poverty work hard, probably harder than most, to get the basics that are needed to survive. Instead of using unequal opportunities and poverty as an excuse for the disproportionate numbers of minorities in the criminal justice system, the government should be trying to find a way to stop unequal opportunities and poverty from even occurring.When blacks were asked if they thought that minorities receive the same

"How to sweep beggars from our streets" by David Marsland

600 words - 2 pages view on crime. John Major in his 'law and order' debate talked about going 'back to basics' and with a rise in crime their explanation was to blame a 'decline in moral values' as the main factor. Marsland believed that beggars had no moral fibre and that the problem did not stem from capitalism or poverty but their mere existence was a 'blot on the complex but orderly copy-book of a modern civilised society'The right realist perspective was

Similar Essays

The Exclusionary Rule: Redefining The Crminal Justice System

1294 words - 5 pages criminal acts while Consensus Theories and Due process polices ensure accountability and protection. Law Enforcement Courageous individuals that perform duties of law enforcement practices are mandated to follow protocols during the course of their daily operations. When investigating crimes and/or allegations of such, law enforcement practitioners’ practices of evidence gathering are subjected to constitutional values of Search & Seizures, yet

Discouraging Crime By Cracking Down On Criminal Behavior: Result Is Safer Communities

1516 words - 6 pages ). COMMUNITY POLICING AND YOUTH AS ASSETS. Journal of Criminal Law & Criminology, 95(1), 1-48. Retrieved from EBSCOhost. Kaplan, H. B., & Johnson, R. J. (1991). Negative Social Sanctions and Juvenile Delinquency: Effects of Labelling in a Model of Deviant Behavior. Social Science Quarterly (University of Texas Press), 72(1), 98-122. Retrieved from EBSCOhost. Lamperti, J. (n.d.). Does capital punishment deter murder? A Brief look at the evidence

Making Wrongs Right Essay

1172 words - 5 pages omission of an act that makes the offender liable to be punished by law (Merriam-Webster Online, 2007). Most people in a society believe that if a person is to commit a crime that they should be punished so it is necessary to understand which method of punishment works the best so that criminals will be deterred from criminal activity. Retribution is the oldest form of punishment and is similar from the biblical statement of an "eye for an eye

Leadership Essay

1806 words - 7 pages are environmental forces or conditions that examine the effect of each on the criminal justice system, such as: Technology, Law, Economic Conditions, Demographic Factors, Cultural Conditions, Ecological Conditions and Political Conditions.Technology has many direct and indirect effects on the criminal justice system. The introduction of automobiles, computer technology, video cameras and the most recent technological advance that impacts the