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1012CCJ Criminal Law Assignments Solution
The answer to question 1: Crime
In general terms, the crime is an illegal action, which is punishable by the state or relevant authorities. In respect of modern criminal law, the word crime has not any simple and entirely established definition. However, some legal definitions have been given for certain objects. The famous view is that crime is the option made by law in other words; something is crime if confirmed as such by the related and appropriate property law. Other proposed definition is that a crime is an action, which is harmful not only to some person but also to the group, state, or community. These actions are prohibited and illegal by law. The crime refers to wrongdoing, which merits community criticism and sentence, usually by the method of penalty or sentence. It is not same as the tort or civil wrong, which is an action against the person, which needs compensation or reimbursement. The crimes are generally accused by the commonwealth or state, while it is usually up to the person to take civil action to court. It is also probable for the person to start criminal proceedings but it is very infrequent (Crawford and Evans, 2017).
There are certain matters like attack, which may be both civil wrong and crime at the similar time. The police may put on trial for attack and the victim may take civil action to recover money or any type of compensation for the harm or damage suffered. Sometimes it is difficult to decide whether something is the crime. An individual who accepts money without authorization commits the crime. On the other hand, an individual who does not succeed to pay back money commits the civil wrong. It does not come under the category of crime. Though the civil action may be commenced to recover amount, the debtor may only be accused for the offence in case of involvement of fraud. Further, criminal justice is delivery of justice to those who have committed crime. The criminal justice system is the chain of government organisations and agencies. Their aim is to recognise law-breakers and to impose the punishment. The other aims are criminal’s rehabilitations, support for sufferers and stopping more crimes (Cohen and Felson, 2016).
Answer to question 2: Justice
The concept of justice occupies main stage both in ethics, in political and legal viewpoint. Justice is a legal or logical theory to administer the fairness. As with most rationally driven disciplines, the concept of justice is different in every nation. The justice refers to the ethical distribution of the goods or evidences or amenities or properties or punishment or remuneration. The aims of justice must be to have ethical laws that may be used to validate acts, which mainly secure residents from foreign violence, from local criminals, from severe economic mistreatment, from government ineffectiveness, and secure the from the demolition of biodiversity (Clear, 2018). The strongest, coolest, and flushest persons are required to be compensated with procreative success in respect of bigamous families with as various issues as possible. On the other hand, the corrupt, not so smart, and poor faithful persons should be discouraged from replicating in number more than one or two (Messerschmidt and Tomsen, 2018).
Justice is based on the ethical concepts of morals, just, belief, faith, reasonableness, and laws. In this way, justice is what people as the civilization regard as right. Justice is based on the rule of law. The concept of rule of law states that the decisions are required to be made according with the law. No one is exempt from law. It is required that there should be respect for rule of law because it is essential need to secure justice in the democracy. It makes sure that every decision or every act of people are in accordance with law of nation (Locke, et. al, 2015). It also makes sure that individuals having powers do not take decision in respect of survives in an illogical and irregular way on the basis of hate, preconception and principles (Devlin and Gottfredson, 2018).
The rule of law secures the individuals by making sure that law applies similarly to all that those who use government powers do so directed by the law and not by the personal opinions. The rule of law can only function properly when courts act in a self-governing, reasonable, public, and clear way. It is required that people should know the rights within complete system of rule of law so that they can maintain them, as well as identify disappointments and demand change (Cortazar, et. al, 2014).
Answer to question 3: Benefits of media involvement in reporting of crime
The media play the role as main public source of crime evidence. Various theorists argue it that the reason is that people do not cooperate to the degree they formerly did, leading to great social disaffection. Because of these reasons, the dependence and faith on media has been increased for updates and newsflash on a resident and local stage. It also means faith on the state for managing with the supposed risks or threats. However, if the state appears to fail in handling these issues properly, then the public often looks upon to majority forces beyond it that undertake solutions (Shungin, et. al, 2015).
The crime investigation of serious matters handled by media is a complex issue. On the one hand, media may be a significant tool for producing useful information from the public or society. Conversely, handling with media may take up useful time and means during the serious initial level of an enquiry. Consequently, media handling has been acknowledged as a dangerous skill of the senior investigating officer. Based on interview with senior investigating officer and media liaison officers, information was composed on the part of media handling for sixteen killings and sexual attacks. The research evaluated common problems around media controlling in main crime inquiries and made focus on the major functions and objects of the media strategies (Hohl and Stanko, 2015).
It is required that vicious crimes must be reported with the help of media because individuals have rights to have the knowledge about what is going on in the groups. The public might step up to help the offender. The community might want to institute community policing in regarding to state the issue. It is right of the people to know the matters of the world. Because of these reasons, the importance of media is increased to report the crimes. It is found by the research that newspaper and television influence the behaviours of viewers. These media channels can modify the attitude of their spectators to some issues involving crimes. Inappropriately, the media overstate criminal issues in the search of benefit and to get more admiration. The news delivered by media finishes the understanding of persons for the sufferers of these occurrences. This type of news contributes to a conductive atmosphere for criminals or wrongdoers to monitor (Bradford and Myhill, 2015).
Answer to question 4 : Role of police in context of criminal justice system
In many countries, the criminal justice system controls and manages the crimes and criminals. The criminal justice system is composed of three primary and distinct constituents such as court, police, and corrections. Sometimes these constituents are considered as subsystem. From this viewpoint, the constituents of the criminal justice system are considered as interconnected, dependent, and motivated to get a combined aim. This opinion of criminal justice makes focus on the process of flow of the cases with the help of this system, affecting current influences as matters move from one constituents to the another. The acts of police department on the ways, influence the function of imprison and jail such as actions of police influence the work of court and orders of judges (Nagin, Solow and Lum, 2015).
The main duty of police officer is to secure the life, freedom, and belongings of the people. It is for the security of these privileges that criminal justice system has been established allocating significant duty to the police officers. The police have many responsibilities to perform. The most significant duty is to maintain the law, order, and inquiry of crimes. They are charged with the duty of securing valuable human rights of people. The police officers have specific role in the criminal justice system. Not only actions of legal officers influence the functions of the whole criminal justice system, but police also influence the operational management of criminal justice system. The police officers are said gatekeepers of the criminal justice system. They are normally the first to establish connection with blamed victims. They may make the decision about what will happen to these people. The role of police in criminal matters is to inquiry of the crime. The inquiry involves seizure of important documents, inquiring witness, collecting their proof, arrest of the accused, and securing the accuser (Ashworth, 2015).
However, there are many people, who never took in prison or even experienced the direct encounter with police officers in any certain year, police are the most likely constituent of the criminal justice system to have the impact on their daily lives. This effect is not mainly representational. The persons normally see the police when they are conducting their daily activities or when they are discovered to media descriptions of the police. Additionally, the majority of commissioned people in police agencies are allocated to responsibilities, and most work out of noticeable patrol vehicle and reflectivity has been a main facet in crime control approaches and policies (Cole, Smith and DeJong, 2018).
Answer to question 5: Role of victims in criminal justice system
Through the criminal justice system, public prosecutor has wide choice to use their rights and powers in deciding what crimes are required to be accused. This option has significant support through both public policy and lawful separation of powers principles. This option is created based on various elements, including the cruelty of crime, the degree of confirmations, prosecutorial sources and other facts included in the particular manner. The victim support and involvement in the inquiry and trial of crime often is the main element in this analysis (Roberts, 2018).
Factually, in the proper management of the criminal justice system, the part of the offender in criminal trials has been dangerous. The victim testament often is the significant component of the effective and positive trial. Additionally, the collaboration of victim in an inquiry and trial often results in the exercise of discretion of prosecutor in favour of criminal trial. This involvement is consequently both serious and anticipated. Therefore, the public policy as personified in acts and general case laws, is created to motivate the part of sufferers in the crime trial. In this fundamental structure, actions that restrict the part of victims in the criminal procedure in the important manner will create the criminal procedure less operative. Furthermore, the broad discretion gave to prosecutor in criminal procedure permits prosecutors to make use of details and sources of victim in any manner the prosecutor believes or considers proper (Jewkes, 2015) .
As white-collar crime has become the important element of the law implementation program, the insurance business has played an important role in supporting prosecutor in the inquiry and trial of insurance fraud, including health care providers, advocates, fake applicants and a vast array of members in the boundless policies to deceive insurance organisations and their clients. Through the nation, insurers regularly collaborate with law implement officers that are inspecting fraud related to insurance, giving details, specific proficiency, practical and managerial support for the complex inquiries. The assistance may include inquiries earlier the recommendations to law implement, support with continuing law implement inquiries and the provision of proficiency or financial support in the inquiry of the difficult crime. The recent federal health insurance fraud act even needs collaboration between law implement officers and private insurers on the examinations of fraud (Macmillan, 2016).
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