Criminal Justice System: Criminal Cases and Civil Cases
Civil and Criminal Liability

Civil cases are private disputes arising between individuals following violations of legal responsibilities owed to each other. Criminal cases, on the other hand, involve wrongs committed against the state, and which are regarded as harmful to society as a whole, as opposed to a single individual. This text compares civil and criminal cases with the aim of identifying differences and similarities, as well as the role played by either in the administration of justice.

Parties Involved: a civil case begins when an aggrieved party (plaintiff) brings suit against another party (defendant) for failing to honor a legal responsibility owed to him/her. In this scenario, the case is filed at the state or federal court by the wronged party, and both the defendant and the plaintiff are referred to as 'litigants' or 'parties to the suit' (Find Law, 2014). Failing to live…...

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References

Arizona Judicial Branch. (2014). How a Case Moves through the Court System. Arizona State Government. Retrieved 14 December 2014 from  http://www.azcourts.gov/guidetoazcourts/HowaCaseMovesThroughtheCourtSystem.aspx 

Find Law. (2014a). Civil Cases vs. Criminal Cases: Key Differences. Find Law. Retrieved 15 December 2014 from  http://litigation.findlaw.com/filing-a-lawsuit/civil-cases-vs.-criminal-cases-key-differences.html 

Find Law. (2014b). The Differences between a Criminal Case and a Civil Case. Find Law. Retrieved 15 December 2014 from  http://criminal.findlaw.com/criminal-law-basics/the-differences-between-a-criminal-case-and-a-civil-case.html 

The Legal Dictionary. (2014). Burden of Proof. The Legal Dictionary. Retrieved 15 December 2014 from  http://legal-dictionary.thefreedictionary.com/burden+of+proof

DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science
This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole.

DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. Crime scene evidence can also be linked to other crime scenes through the use of DNA databases. DNA evidence is generally linked to DNA offender profiles through DNA databases. In the late 1980's, the federal government laid the groundwork for a system of national, state, and local DNA databases for the storage and exchange of DNA profiles. This system, called the Combined DNA Index System (CODIS), maintains DNA profiles obtained…...

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References  

" Giannelli (2003) stresses that advantages and reliability of scientific and technical evidence depend on whether a scientific culture exists. For reliability of DNA and other scientific evidence, there have to be sufficient written protocols and "an empirical basis for the most basic procedures." (Giannelli, 2003)
Barry Scheck, Peter Neufeld, and Jim Dwyer (cited by Giannelli, 2003) conclude that their investigations revealed that a third of the criminal convictions of 62 men, later exonerated by DNA evidence cases, involved "tainted or fraudulent science." In some instances, the fault could be contributed to rogue experts. The greater problem, albeit, stems from a greater problem, the forensics profession, an environment where misconduct may sometimes thrive. Forensic science needs more science, Giannelli (2003) stresses.

On an individual level, one of the most notorious cases involved Fred Zain, the chief serologist of the West Virginia State Police Crime Laboratory. A judicial report found that Zain committed…...

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References

Burges, Audrey J. "Patterson v. Commonwealth: An Illustration of the Legal Complexity of DNA Databases." The Richmond Journal of Law and Technology. (Volume IX, Issue 2). Winter 2002-2003. Retrieved February 6, 2008 at  http://law.richmond.edu/jolt/v9i2/note2.html#I.%20INTRODUCTION 

Butler, John M. (2005). Forensic DNA Typing: Biology, Technology, and Genetics of STR Markers. Academic Press. Retrieved February 6, 2008 at  http://books.google.com/books?id=gwDyBq2xLjIC&printsec=frontcover&dq=Forensic+DNA+Typing:+Biology,+Technology,+and+Genetics+of+STR+Markers&sig=2G8fFWvv39zTRgMPzPDdU32K6OI 

The Columbia World of Quotations. (1996). New York: Columbia University Press. Retrieved February 6, 2008 from: www.bartleby.com/66 / www.questiaschool.com/PM.qst?a=o&d=5002075102

The Fingerprint Controversy. (2004, Wntr). Issues in Science and Technology, 20, 9+. Retrieved February 6, 2008, from Questia database:  

criminal case, People v. Herbert. The key issue highlighted in this paper will be causation.
Causation

For instance, a bothersome but often disregarded enigma outlines modern sociological clarifications of causation of crime. While a number of sociologists explain crime as though it were uncontrollable or abnormal and therefore, "strange" behavior, a majority of them concurrently agree to the famous statement by Durkheim, describing crime as behavior that is "normal." An analysis of the Durkheimian crime causation theory proves it to be fraught with numerous significant logical weaknesses (Cohen and Machalek, 1994). Ironically, in spite of the theoretician being known to promulgate an essentially sociological view of crime, he ultimately turns to individual features, instead of social facts, for determining the underlying reason for crime. The present-day evolutionary game theory (EGT) offers a different explanation of crime's normalcy, while steering clear of the deficits suffered by the traditional Durkheimian model. EGT is…...

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References"

Cohen, L., & Machalek, R. The Normalcy of Crime From Durkheim to Evolutionary Ecology. Rationality and Society, 6(2), 286-308. Retrieved, from  http://rss.sagepub.com/content/6/2/286.abstract 

PEOPLE v. HEBERT. No. 01SA400. (2002)

(1994). U.S. Law, Case Law, Codes, Statutes & Regulations:: Justia Law. People v. Hebert:::: California Court of Appeal Decisions:: California Case Law:: California Law:: U.S. Law:: Justia. Retrieved September 25, 2015, from  http://law.justia.com/cases/california/court-of-appeal/2d/228/514.html

Criminal and Civil Law
A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" (alston-Dunham, 99) because of the deaths. The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.

The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings.

"Reason Same Standard of Evidence not…...

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Works Cited

County Texas. Motion to Inspect, Examine, and Independently Test Physical Evidence. District Court Texas 2012.

Dabesu, Kaysay, and Eshetu, Adualem. Evidence law in civil and criminal cases. Abyssinia Law Report. 2012.

Walston-Dunham, Beth. Introduction to law. Clifton Park, NY: Delmar Cengage Learning, 2012. Print.

A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
The trail

Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they make…...

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References

Criminal Justice. (n.d.). Retrieved from   y_legal_guide/chapter_14.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil 

Criminal Justice System Handbook. (2009). Retrieved from  http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml 

Criminal Justice Process. (n.d.). Retrieved from  http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf 

Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm

Criminal Justice
When the Constitution replaced the Articles of Confederation in 1789, the United States of America formed a government that specifically divided its powers between three separate branches. This was done in order to make certain that no one branch of government could accumulate too much power. These three are called the Executive, Legislative, and Judicial branches of government, and the Constitution defines the powers each branch of government is allowed to exercise. While the Executive and Legislative branches of government deal with the running of the government, the Judicial branch is limited to dealing with legal matters. While it may seem that the Judicial branch is someone less important, it is the judiciary that decides whether the actions taken by the other two branches of government are legitimate.

Alexander Hamilton argued in the Federalist Papers that a separation of powers was necessary in order to prevent one particular group "adverse…...

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References

"Court Procedures." United States Courts Web Page. Retrieved from  http://www.uscourts.gov/FederalCourts.aspx 

"Criminal Justice System - Structural and Theoretical Components of Criminal Justice Systems, The Systems in Operation, The importance of Viewing Criminal Justice as a System." Retrieved from Criminal Justice System - Structural And Theoretical Components Of Criminal Justice Systems, The Systems In Operation, The Importance Of Viewing Criminal Justice As A System

Kaiser, Frederick. (2003). American National Government: An Overview. CRS Report for Congress. Retrieved from  http://www.fas.org/sgp/crs/RS20443.pdf 

"Federal Courts." United States Courts Web Page. Retrieved from

Criminal Justice Career
How will this new terminology and knowledge apply to a career in criminal justice?

Criminal justice is seen as the practices, system and the concerned government institutions that are focused on implementing social control, participating in crime mitigation and sanctioning the law violator by imposing penalties and rehabilitation programs. It covers the private sector, the pubic sector, NGOs, state and the local governments as well (Oregon Laws, 2007). To handle effectively such a wide spectrum of departments with professionals without a chance foe making the wrong interpretation of the law once needs to be well equipped with the legal terms.

How can not knowing the proper terminology affect you as you conduct criminal justice research?

When one lacks the proper terminology in the criminal justice, this can be a fundamental barrier in the execution of duty and definition of the offences committed as well as interpretation of the judgments and court…...

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References

Cambridge Dictionary Online (2011). Research: Definition. Retrieved May 21, 2011 from  http://dictionary.cambridge.org/dictionary/british/research_1 

CDC (2011). Differences Between Qualitative and Quantitative Research Methods. Retrieved May 21, 2011 from  http://www.orau.gov/cdcynergy/demo/Content/phase05/phase05_step03_deeper_qualitative_and_quantitative.htm 

Chris Williams, (2009). Scientific Research and Quantitative Research. Retrieved May 21, 2011

from  http://www.associatedcontent.com/article/2479012/scientific_research_and_quantitative.html?cat=17

The unique circumstances indicate that this event is an isolated one and that absent the abuse the offender is not likely to repeat the behavior. However, the seriousness of the crime, that is, a homicide, demands that the offender be treated firmly. The homicide is certainly understandable under the facts of the case but not necessarily justifiable. The discretion of the judge will determine to what extent the extenuating circumstances will affect the offenders sentencing.
A recommendation short of incarceration must include some form of intensive supervision for a period of time to ensure that the offender is as he appears to be, that is, a non-violent offender (U.S. Department of Justice, 1997). Such supervision should also include a period of counseling to ensure that the offender can effectively deal with any residual guilt arising from the homicide and the years of intensive abuse. Specific recommendations to this effect should…...

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References

Burke, P.B. (1997). Policy-Driven Responses to Probation and Parole Violations. Silver Spring, MD: Center for Effective Public Policy.

Farlex. (2002, April 1). Media Access. Retrieved December 15, 2010, from the Free Library:  http://www.thefreelibrary.com/Media+access.+%28Survey+Summary%29.-a085462614 

U.S. Department of Justice. (1997, May). Intermediate Sanctions in Sentencing Guidelines. Retrieved December 15, 2010, from NIJ Issues and Practices:  http://www.ncjrs.gov/txtfiles/165043.txt

Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)

The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of first degree…...

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References

Doward, J. (2005). 'My home is now my prison cell'. Retrieved from thguardian.com:  http://www.theguardian.com/media/2005/feb/20/broadcasting.childrensservices 

Newcomb, A. (2013, Jan 27). Former Ms. Washington Takes Plea Bargain in Murder Case. Retrieved from abcnews.go.com:  http://abcnews.go.com/blogs/headlines/2013/01/former-ms-washington-takes-plea-bargain-in-murder-case/ 

Nurmi, L. (2012). APPLICATION FOR INTERLOCUTORY STAY OF AGGRAVATION TRIAL . Retrieved from abc15.com:  http://media2.abc15.com/html/pdf/Stay.pdf 

Palta, R. (2012, June 13). Researchers say plea bargains actually send innocent defendants to jail. Retrieved from scpr.org:  http://www.scpr.org/blogs/news/2012/06/13/6603/plea-bargainings-innocence-problem/

Criminal Justice Theory and the Los Angeles County Probation Department
Criminal and antisocial behaviors have been studied in the field of criminology for many years. Criminologists are very interested to learn what types of things cause specific criminal and antisocial behaviors. hile criminal behavior and antisocial behavior are not always related, they often have close ties. Criminologists and other researchers are looking to find commonalities between certain genetic makeups and deviant behavior. They believe that many people are genetically predisposed to be violent, and if these people can be located they can be treated.

That does not mean that criminologists are in favor of testing everyone's genetic makeup on the planet to see if any of them show violent tendencies. hat they are interested in doing, however, is studying criminals who already have a history of violent and deviant behavior to see what other traits they have, and what their genetic makeup…...

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Works Cited

Anderson, R.H. (2000, January 13). Unit 5: deviance, conformity and social control. University of Colorado at Denver. Retrieved September 2, 2005, from about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fthunder1.cudenver.edu%2F%2Fsociology%2Fintrosoc%2Ftopics%2FUnitNotes%2Fweek05.htmlhttp://psychology.

Brand, C. Cycad Web Works. (2003, February). Can crime be traced to such often-mooted personality features as extraversion and lack-of-conscientiousness? Are genetic factors involved-in whatever interaction with the environment? And can any therapeutic or preventive steps by recommended? Retrieved August 29, 2005, from http://www.cycad.com/cgi-bin/Brand/quotes/q16.html

Brunet, J.R. (2002, November 15). Discouragement of Crime Through Civil Remedies: An Application of a Reformulated Routine Activities Theory. In Western Criminology Review 4 (1) Retrieved September 5, 2005, from htmlhttp://wcr.sonoma.edu/v4n1/brunet.

Casey, D. Human Genome Project. (1997, June). Introduction. Retrieved September 1, 2005, from   / primer/prim1.htmlhttp://www.ornl.gov/TechResources/Human_Genome/publicat 

Criminal Profile
Tyrell "Tank" Williams; South Bronx, New York City

When asked why people call him Tank, Tyrell Benjamin Williams responded, "because I'm huge and you can't stop me." This attitude is clearly represented in Mr. Williams' lifestyle of street crime and drug dealing. Tyrell was born in the Stuyvesant district of Brooklyn, New York on a cold morning in January of 1984. He spent his very early years in a traditional family in this relatively pleasant neighborhood. Though on the eve of Williams' entry into kindergarten, his father informed his mother than he had found another woman and he was moving out. Tyrell recalls this as one of the most traumatic experiences of his young life. He remembers looking up to his father and wanting to make him proud. When asked about his feelings directly regarding this experience Mr. Williams said he was "heartbroken."

After the separation of his parents, Tyrell's mother…...

At the same time, there is a different element introduced in the pursuit of forensic science that is not dealt with in other branches of scientific inquiry. As the question of justice is also central to any forensic proceeding, the suspect's account of events and/or hypothesized explanations for observations must also be taken account (Young 2009). In this way, both verification and falsification can be used during experimentation.
Before these experiments take place, however, the predictions must lay out a way to clearly identify the expectations of the experiments, as well as a way the methods by which they should be conducted. Several predictions can usually be made rather quickly after the hypothesis that are fully testable and easily determined. Based on hairs found at the crime scene, for instance, it could be predicted that skin found under the victim's fingernails was of the same DNA as the on-matching hairs…...

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References

Palmer, G. (1998). "Forensic Analysis in the Digital World." Accessed 16 November 2009. http://74.125.155.132/search?q=cache:mSArrV3VjMQJ:www.utica.edu/academic/institutes/ecii/publications/articles/9C4E938F-E3BE-8D16-45D0BAD68CDBE77.doc+forensics+scientific+method&cd=7&hl=en&ct=clnk&gl=us&client=safari

Shodor. (2009). Forensic Science. Accessed 16 November 2009.  http://www.shodor.org/workshops/forensic/ 

Vogt, W. (2009). "Forensic investigation." Paradigm. Accessed 16 November 2009.  http://www.paradigmconsultants.com/content.asp?secnum=60&pid=73 

Young, T. (2009). "Forensic Science and the Scientific Method." Heartland Forensic Pathology. Accessed 16 November 2009.  http://www.heartlandforensic.com/writing/forensic-science-and-the-scientific-method

aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…...

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BIBLIOGRAPHY

American Law Library (2009). Racial profiling: should police practice racial profiling?

Vol.8, American Encyclopedia: Net Industries. Retrieved on March 29, 2013

from  http://law.jrank.org/pages/9628/Racial-Profiling.html 

Banks, C (2004), Racial Discrimination in the Criminal Justice System. Chapter 3. Sage

(oach, 1999, p. 15) Equality is very much a part of the "due process" model and it seeks equal treatment for each individual, for instance, the right to be represented by an attorney. When one's economic circumstances mean that they cannot afford a lawyer, in accordance with the principles of the "due process" model, American courts will provide an attorney for the defense.
As previously stated, the current American criminal justice system is so overloaded with cases that it is near the point of collapse. Those working in the system must incorporate the "crime control" model of criminal justice simply to keep up with the numbers involved. While the criminal justice system in the United States is based upon the idea that every person is innocent until proven guilty, the criminal justice system must accept the principles of the "crime control" model that the police investigators and other members of…...

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References

Barkan, Steven, and George Bryjak. (2011). Fundamentals of Criminal Justice: A Sociological View. Sudbury, MA: Jones and Bartlett Learning International.

Packer, Herbert. (1968) "Two Models of the Criminal Process." In The Limits of the Criminal Sanction. Stanford, CA: Stanford UP.

Roach, Kent. (1999) Due Process and Victims' Rights: The New Law and Politics of Criminal Justice. Toronto: University of Toronto Press.

1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....

Certainly! Here are some essay topics related to Criminal Investigations:

1. The role of evidence in criminal investigations: How is evidence collected and analyzed in criminal investigations, and what impact does it have on the outcome of a case?

2. The use of technology in criminal investigations: How have advancements in technology improved the process of investigating and solving crimes? What are the potential risks and ethical considerations associated with using technology in criminal investigations?

3. The challenges of conducting criminal investigations in a digital world: How has the prevalence of digital technology, such as social media and smartphones, affected the methods and....

1. The Role of Revenge in Shaping Criminal Behavior
2. The Ethics of Seeking Revenge in the Criminal Justice System
3. The Psychological Impact of Holding onto Revenge in Criminal Cases
4. Revenge as a Motivating Factor in Criminal Acts
5. Exploring Revenge as a Theme in Literature and Film about Crime
6. Revenge and its Effects on Social Relationships and Community Dynamics
7. The Enduring Appeal of Revenge as a Narrative Device in Crime Stories
8. Revenge as a Form of Justice in the Eyes of the Victimized
9. The Cycle of Violence and Revenge in Criminal Acts
10. The Consequences of Seeking Revenge in Cases of Crime....

The use of forensic science in the UK and USA

UK:
- Forensic science is used extensively in the UK criminal justice system to investigate crimes and gather evidence for court proceedings.
- The Forensic Science Regulator oversees the quality and standards of forensic science practices in the UK.
- The UK has a network of forensic science laboratories that provide services to law enforcement agencies and the courts.
- Forensic evidence is often used in UK courts to establish the guilt or innocence of suspects in criminal cases.
- The UK has a strong emphasis on training and accreditation for forensic scientists to ensure the....