FINAL US LEGAL OUTLINES
Criminal Justice * Most criminal statutes have sentencing structures. Judges usually have considerable freedom in determining type, length, conditions * Suspended sentence- the sentence is given but does not have to be served at the time imposed; the defendant may have to serve the sentence if rearrested or breaks parole. * Probation- the defendant is released to the supervision of a probation officer, defendant has to meet certain conditions (job, drug free, cannot leave area) must report to probation officer regularly. * Home confinement- the defendant is sentenced to serve their term at home, can leave only for specific reasons (work, school) often electronically monitored * Fine- the defendant must pat the govt an amount of money set by court. * Restitution- defendant must pay victim back * Work release- defendant is allowed to work in community but required to return to prison at night/weekends. * Definite sentence- defendant is sentenced to term in jail some states required definite sentence and exact amount of time that must be spent in jail * Indeterminate sentence- some states give this, stated in min and max. * Sentencing- many factors; prior criminal record, best interest of society and criminal * Pre-sentence report- most states authorize presentence reports contains description of offense, past record, circumstances, employment background, education, medical info, recommendations for sentencing. * Retribution- societies revenge criminals should be punished * Deterrence- punishment will discourage criminal activity * Rehabilitation- helping a convicted person change their behavior so they can lead productive lives * Capital punishment (death penalty) history of capital punishment in us foes back to 1630 public protest gradually reduced capital punishment 15 states and DC have no capital punishment law including Massachusetts * Determining capital punishment requires 2 trials one to determine guilt and other to determine sentence. * Aggravating circumstances- factors that make the crime worse, particularly gruesome; prior convictions * Mitigating circumstances- factors that make the crime less severe; victim abused by defendant * Us and China most frequent users of death penalty
Juvenile Justice * Prior to the 20th century children who committed crimes were charges as adults * Law defined 14 as the age of adulthood for purpose of criminal responsibilities * Children under 7 were incapable of criminal intent * Parens Patria- state as parent juvenile has the right to be taken care of; if parent fails the state will step in * Juvenile justice is state based 51 juvenile justice systems; Massachusetts is a rehabilitative state * Status offenders cannot be imprisoned; juveniles cannot be detained in jails, when juveniles are held in jails they must be kept from the adult population. States are required to assess disproportionate minority confinement. * Parent responsibility laws- parents should be held responsible for the acts of their children some state parents can be tried for contributing to delinquency of minors. * Neglected or abused youth need court protection from parent/guardian * Intake: informal process in which it is decided whether a juvenile should be referred to juvenile court * Initial hearing: court must prove that offense was committed a reasonable cause to believe that accused committed the crime. * Juveniles do not have right to bail, court can release juvenile to parent or adult preventive detention can be required if protects the community of juvenile * Juvenile trials are called adjudicatory hearings * Juveniles do not have the same right to due process as adults; no bail, no right to jury, have right to lawyer * If the case is proved the finding is delinquent the sentence is referred to as disposition JUVENILE | ADULT |
Legal Ethics Introduction to Law Legal Ethics 1 Legal Ethics Ethics are attitudes, dispositions, or character traits that permit us to be and to operate in ways that develop this potential. Ethics provide us with moral principles or universal rules that tell us what to do. They enable us to pursue the ideas was have accepted; honesty, courage, compassion, generosity, fidelity, integrity, and prudence. Legal ethics encompasses an ethical code governing the conduct of persons…
Court System Visuals Adalberto Zamorano CJA/204 02-Thursday,2015 Jerry Godsey Court System Visuals The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early…
under a lot of planning and construction of different ideas. Our countries’ organization is a result of our creation of laws and our criminal system. The creation of laws must have taken many disputes and time to create and up to today we are still working on making it just and adjusting laws to the new era, but our founding fathers made a firm foundation for us to work up from. Our constitution is the foundation of our criminal laws and other laws; this is the manual from where our countries laws…
Ethnocentric studies * Polycentric studies * Synergistic studies PAROCHIAL STUDY: This is a study used by a researcher to study organizations within its own country. ETHNOCENTRIC STUDY: This is a study whereby the researches performed by US management are replicated in other countries. POLYCENTRIC STUDY: This study is used to depict, clarify and interpret managerial patterns in other countries. SYNERGISTIC STUDY: This kind of study makes use of cross-cultural correlation and divergences…
A Primer to the Administrator and Staff of Law I have been hired by Primary Care of Atlanta located in Sandy Springs, Georgia with the objective to provide training of the basic legal principles and concepts which make up our legal system to our team that will be working closely with our Legal Department. Our laws within the United States purpose is to govern and maintain a certain standard of behavior within our society for the common good of all and without such govern laws, our society would…
can’t be said. Society seems to have its own criteria through which people are judged. There are several factors that shape this criteria. These factors are: The classism in our society, where becoming powerful is valued over humility, our corrupt legal system, and the lack of peace at a global level. This criteria, although broken has been the way we have always judged people, and it always will in my opinion. I believe this because, even at a primitive level, we want to be dominant, which is why we…
most people who have ever come in contact with the system that defines our society. Looking up at the legal system from the lower half of the economic ladder can be an intimidating and somewhat discouraging view. Law can be defined as systems of rules and guidelines that are agreed upon by the people of a specific geographical region which are enforced through social institutions to govern behavior. I have had the opportunity to view the legal system from several different points of view. I have had…
project sponsor and the US ACME headquarter communicate effectively. Andrea Vega will be located in Mexico City the majority of the 12 month construction period to monitor the process and make sure the completion timeline remains on schedule. Constant communication should occur between the team based in Mexico City and the US based team to keep informed of the status of the project. Methods such as teleconferences and Skype can be used for regular communication between the US and Mexican team members…
Legal essay – David Hicks and Bikes The legal system has responded to the challenges created by contemporary issues we have studied in class recently such as David Hicks and Bikies in multiple ways and areas. There are 3 categories legal responses to organised motorcycle gangs fall into, these are; passing laws to prosecute individuals for the specific crime that they have committed, such as assault, drug offences or money laundering. The second being creating police task forces or police powers…
were placed on a monetary system backed only by trust. The economic status of our country shifted after the US government switched from the gold standard to what we now call “Fiat Money” or “Federal Reserve Notes”. To actually understand why the government shifted to a currency “based solely on faith” instead of an actual type of backing you must first understand the actual idea of the gold standard. The United States first began with a “Bimetallic Standard” or “System of money backed by an object…