ipl-logo

Administrative Prejudice In Criminal Law

965 Words4 Pages

I mean the doctrinal points that are the concepts based on legal mentalities of these nations and reflected, first of all, in General Parts of their Criminal Codes. The issues of criminalization that is the process by which behaviors are transformed into crime as well as the issues of penalization that is the declaration of a behavior punishable by law often reflect a political background but not the basic concepts, underlying criminal law. And it makes no difference whether this or that rule is fixed in the text of a criminal legislative act or formulated by a criminal law expert. The only thing that matters is the fact that a rule exists. For example, the concept of a factual personal mistake that is when a person is misinterpreting his or …show more content…

The analysis of the text offers the possibility to point out eight basic features which are not typical of the majority of civil law countries:
1) Criminal law is codified in one legislative act (the Criminal Code);
2) There is no concept of misdemeanor; criminal law is strictly distinguished from administrative law. It means that crime is strictly distinguished from other types of illegal behavior by the presence of a socially dangerous element;
3) There is no concept of administrative prejudice in criminal law due to the same strict distinction between criminal law and administrative law. Administrative prejudice in criminal law means that an illegal behavior is considered to be criminal when this behavior occurs within some time fixed by law after imposing an administrative sanction for the identical illegal behavior;
4) There is no corporate criminal liability;
5) Making preparations for committing a crime is seen as a stage of this crime; the ways by which committing a crime can be prepared are listed and fixed by law;
6) There are four types of conspirators in crime. They are principals, provokers, masterminds, and …show more content…

By the time the Russian Criminal Code was adopted this way of codification was followed only in countries of the former Soviet Union (except Estonia) and in two more countries which had been influenced greatly by the Soviet Union – Mongolia and Vietnam.
If there is only one source of criminal law, it is not just a simple formality. This feature indirectly influences the content of criminal law. Anytime when a legislator amends a criminal law rule, he or she has to do it in such a way that does not ruin the integrity and coherence of the Criminal Code on the whole. Russian legislators have always been criticized for this rigidity. It makes one think that Russian legislators are unprofessional. It is never possible to uphold the quality of criminal law within a single legislative

Show More
Related

The Case Of Aaron Hernandez: Inquisitorial Vs. Adversarial System

1151 Words | 5 Pages

Societies that use the adversarial system as their legal structure, define their relationship with the state as “the rule of law”. Rule of law is defined by the United Nations as a “principle of governance in which all persons, institutions and entities, public and private, including the state itself are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, which are consistent with international human rights principles”. The adversarial system defines the public interest in criminal justice as an interest of crime control and security, where authorities such as prosecutors are trusted as long as they are democratically elected to power. Also comparative criminal justice consists of a “detailed understanding of not [the] just criminal justice processes but also the actors involved in it and the society that forms the backdrop to these processes”. Unlike in the inquisitorial system, the adversarial system was tailored in such a way to ensure that the state will not have too much power making decision in a criminal case, because it could lead to lack of trust in the system.

Read More

774 S. E. 2d 546

537 Words | 3 Pages

1. Outlines principles of law in relation to variances of an indictment in general, in relation to the “manners and means” of committing a crime. • VARIANCE TO INDICTMENT occurs when facts proved at trial are different from those alleged or specified in the indictment. • MANNERS AND MEANS is the way the crime is done and the method of committing the crime. For example, Zizzi’s wife was beaten/ hit which is the manner and the means/method is either the golf club or the ornament from the bathroom.

Read More

California 3 Strikes Summary

1014 Words | 5 Pages

The author also finds out that the application of the law raises questions on the proportionality in which it is applied, particularly to petty theft cases. Because of the lack of clarity in which the law can be applied, legislatures and citizens have the right to redefine the law and its

Read More

The Impact Of Criminal Justice System Specificity On The Kenosha Sheriff's Department

783 Words | 4 Pages

My fieldwork project focuses on criminal justice system specificity on the Kenosha Sheriff’s department. I approach this project with an ethnographic approach which is the scientific description of the customs of individual peoples and cultures and how this will impact the community. Personal values and cultural difference impact the interaction with other and their biases. The fieldwork focuses on the cultural difference, discretion, and discrimination of police and their interaction with the police. Here is some history on the Sheriff’s department is the third largest law enforcement agency in the state of Wisconsin and operates the third largest jail facility in the state and the department meaning of “Pride Dedication Professionalism”

Read More

Roe Vs Wade Essay

219 Words | 1 Pages

In the Current Development of the Law and Morality, we can see that not all people are convinced that the law should use to enforce a particular moral code. One of the examples are in the case of Roe v. Wade decision that legalized abortion in the United States. Even though we all know that act of abortion is most definitely immoral in the eyes of humanity many other countries also adopted the view of the judges from Roe v Wade. Also in the recent case of The United State Supreme Court ruled 5-4 on that it is legal for all Americans, no matter their gender or sexual orientation, to marry the people they love.

Read More

Three Strike Laws

1249 Words | 5 Pages

These types of policies have quite a few requirements. One of the requirements is that if an individual is found guilty of committing a felony and that act was also violent, and they have two convictions on their record, that individual will serve a life sentence automatically. The two strike and three strike laws main objective is to vastly increase the punishments of the individuals that are convicted of more than two crimes which have been considered serious. The purpose of this essay was to discuss two strike and three strike laws, if these laws positively or negatively affect the society, and if whether or not these laws were

Read More

Prosecutorial Discretion Case Study

591 Words | 3 Pages

Prosecutors have the very important job of representing the people in a court of law on both state and federal levels. Prosecutors are under obligation to execute the law on both federal and state levels. However, the discretion that they are afforded under United States law gives them nearly absolute and unreviewable powers to choose whether or not to bring forth criminal charges, and also what charges to bring for cases when the evidence is enough to those justify charges. Plea bargaining is another area in which falls under a prosecutor’s vast discretionary powers, they can choose to bring full charges against the defendant or they can choose to show leniency by reducing the charges or dismissing the charges altogether. The incredible amount of discretion that prosecutors have in the criminal justice system places them

Read More

Misdemeanor Charges In The Criminal Justice System

312 Words | 2 Pages

Even though a misdemeanor is defined as a lesser criminal act and comes with less severe punishments, criminal defense lawyers urge clients not to take misdemeanor charges lightly. The criminal justice system is often unpredictable, but Buntin, Etheredge, & Fowler, LLC in Dothan, AL, wants to help. Here are three reasons to hire a criminal defense attorney if you are facing misdemeanor charges: If You Don’t Have A Record: There are programs in place that may help with a dismissal of charges for those who do not have a criminal record. An experienced criminal defense attorney will help determine if you are eligible for such a program.

Read More

Unwarranted Disparity In Federal Sentencing

1493 Words | 6 Pages

The first aspect relates to the social control imposed by the upper class upon lower classes and those who do not integrate into society. The textbook classified this as the conflict view; the upper class uses the law as an instrument to maintain their own power while controlling and in the context of this article, confining and expelling those who violate long-held values and societal roles. Judges usually come from the upper class, and their sentences reflect their bias against those unlike them. Consequently, these sentences must be dispensed in a way to create a deterrent effect. While it is easy to ascribe these increased sentences as specific deterrence for offenders, a closer look reveals their true purpose of general deterrence.

Read More

Criminal Justice Broken Essay

2258 Words | 10 Pages

The Criminal Justice system is one of the most important vessels within society due to its role in ensuring that society is abiding by its laws and holding those who transgress these laws to account. Despite its crucial role in society, it has also been under some scrutiny in regards to how effective it actually is, which results in arguments that it doesn’t properly fulfil its job as a carrier of justice. A focus on the criminal justice system is a subject of interest because it helps us understand the tension within society between individual rights and freedoms. (Schmalleger, F. and Koppel, T, 1999) Thus, this essay will be arguing that the criminal justice system is indeed broken.

Read More

Racial Profiling In The Justice System

337 Words | 2 Pages

Michelle Alexander proceeds with another rhetorical question to allow the audience to further reflect on the current situation and stress the corruption of the justice system “If McCleskey’s evidence was not enough to prove discrimination in the absence of some kind of racist utterance, what would be?” (Alexander 67). She uses facts and statistics prior to this “the researchers found that defendants charged with killing white victims were 4.3 times more likely to receive a death sentence than defendants charged with killing blacks” (Dissenting 321; referenced by Alexander 67) to assert evidence of the racial profiling present in the American justice system. The persuasive technique is used to assert her opinion towards the audience by relating

Read More

Discretion In Criminal Justice

802 Words | 4 Pages

Discretion has a fairly effective role within the justice system, specifically when looking at the sentencing and punishment of offenders. Discretion can have a distinct effect on the outcome of a case. The role of decision making through an individual may provide for a different insight into different cases which therefore means that no two verdicts are reached in the same way. The role of discretion when looking at charge negotiation (or plea bargaining) is to decide whether or not the accused may be granted a 'lesser ' punishment in exchange, they plead guilty. from prosecutors.

Read More

Discrimination In The African American Criminal Justice System

293 Words | 2 Pages

Historically, African Americans have faced discrimination in the criminal justice systems. During the early 1800’s, the system has formed laws to discriminate against African Americans. These laws are recognized as the Jim Crow laws. Jim Crow laws were regulations passed after slavery that created different guidelines for African Americans and Caucasians (Constitutional Rights Foundation, 2016) These decrees were purposely put in place to hinder African Americans from interacting with Caucasians.

Read More

Civil Law Advantages And Disadvantages

3020 Words | 13 Pages

Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

Read More

Essay On Public Prosecutor Office

1720 Words | 7 Pages

Article 80, par. 1 of the Constitution of the Czech Republic characterizes the public prosecutor ’s office as an organ representing public prosecution in criminal proceedings; it also performs other tasks the law sets forth. By Act No. 283/ 1993 Coll. , on the public prosecutor, in effect since 1 January 1994, the public prosecutor’s office has been organized as a system of public offices assigned to represent the state in cases established by law. This system replaced the former office of public prosecution, which was blamed for being too similar to Soviet models, further that it was “omnipotent” (the “guardian of justice” concept), and that it formed a kind of “fourth” power in society (next to the legislative, executive and judicial powers).

Read More

More about Administrative Prejudice In Criminal Law

Related Topics

Open Document