Crime and Justice law Essay Example | Topics and Well Written Essays - 2500 words

Crime and Justice law - Essay Example The influence of judiciary starts from the point of conviction of an offender or a violator to the sentencing as well as their rehabilitation, if required. Let us now discuss about the UK judicial system, observing the proportionality and authenticity of its sentencing law. It is a known fact that UK does not have a written constitution. That gives it the space for its flexibility, which leads to the huge number of amendments; every amendment is deeply correlated with the judicial decisions on the substantial cases. Hence, as far the UK judicial system is concerned, it does not only hold the responsibility to convict and decide the case but it is also responsible for its manipulative decision on a case which reflects in the policy making Take for example, the R v Templecase, the Court of Appeal held that a basis of plea should normally be expected to set out the facts, different to those in the prosecution papers, on which the defendant is prepared to admit his guilt.   The court c ommented adversely on placing undue reliance on an unsigned basis of plea and drew attention to the importance of the guidance in the case of R v Underwood that recommended on the use of the responsibility for alerting the prosecutor to areas of dispute rests with the defense.1 In addition, as a result of the case R v H and Others, it was decided and regulation was made that if a defendant wishes to be sentenced on a basis which is not agreed, the prosecution advocate should invite the judge not to accept the defendant's version unless he or she gives evidence on oath to be tested in cross-examination.   In such circumstances the defence advocate should be prepared to call the defendant and, if the defendant is not willing to testify, subject to any explanation that may be given, the judge may draw such inferences as appear appropriate.2 Judicial system of UK Having a vital responsibility given to the court, it has to be approachable to a quality decision making simultaneously nee d to maintain a companionate relation with public. The judicial system needs to provide security to both physical as well as psychological fear emerged due to frequent violence. Hence, the judicial body has the duty to segregate the categories of level of crime and criminals, followed by its conviction and decision for the required sentencing. Further, the duty binds the body to design a secure rehabilitating plan for criminals, so that the general public will be safe from reoccurrence of violence from the convicted criminals. To establish the proportionality of the English sentencing law we need to explore its previous sentencing system. Let us take the example of R v Reynolds and others3.   In this case, the prosecuting advocates were made aware of the impact of statutory provisions simultaneously avoid wrong judgment. The prosecution advocate may also offer assistance to the court by making submissions, in the light of all these factors, as to the appropriate sentencing range. To secure obedience with the above mentioned responsibilities, the prosecutor is required to prepare a plea and

Exceptions to the Search Warrant Requirement Essay

Exceptions to the Search Warrant Requirement - Essay Example A search warrant is not an administrative function, it is a judicial act. In the United States, the issue of Search warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Each state can frame its own laws governing the issuance of search warrants. Fourth Amendment to the United States Constitution is one of the provisions included in the Bill of Rights. The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution. It is observed that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime .As such, Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment to their personal life and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed. The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. ... The Amendment guards against unreasonable searches and seizures, and was originally designed as a response to the controversial writs of assistance, which were a significant factor behind the American Revolution. It is observed that , in US , of the of the 19.3 million traffic stops documented in the study, about 1.3 million motorists said they or their vehicle had been searched. In almost 90 percent of these searches, police found no evidence of a crime .As such, Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment to their personal life and property. It protects citizens against unreasonable searches and seizures, provides that a search warrant may be issued only on oath or affirmation that a crime was probably committed.The amendment applies only to governmental actors. It does not guarantee to people the right to be free from unreasonable searches and seizures conducted by private citizens or organizations. More specifically, the Bill of Rights only restricts the power of the federal government, but the Supreme Court of the United States has ruled that the Fourth Amendment is applicable to state governments by operation of the Fourteenth Amen dment. Moreover, all state constitutions contain an analogous provision. For eg. Article 1, and 7 of the Tennessee Constitution. Under the Fourth Amendment , searches must be "reasonable" and " specific". This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Fourth Amendment protects citizens from physical entry to the home by search officials. It applies equally whether the police enter a home to