Felony Criminal Justice Process Essay - 2200 Words

Felony Criminal Justice Process (Essay Sample) Content: Felony criminal justice processStudentà ¢Ã¢â€š ¬s nameCriminologyInstructorà ¢Ã¢â€š ¬s nameDateAbstractFelony criminal justice process has undeniably been satisfactory in the administration of justice. The process though has provided for suspects to adequately exhaust the judicial system. The discourse provides for the process, contingencies at each stage, possible outcomes and critical review of the system. Furthermore, recommendation on improvements in the regulation has been discussed.Felony criminal justice processGlobally, crime has threatened to destabilize the economic and peaceful coexistence amongst citizens. Most countries have established legislations dealing with various types of crimes. There exist similarities amongst the different laws. Crimes are classified as felonies and misdemeanors. The United States criminal code defines crimes as a grave crime committed by someone or property and carrying a punishment of by death or prison term for more than tw elve months (Bachman, 2013). There exist different state laws on felonies. However, general federal statutes are supreme on the event of appeals to the Supreme Court. Some of the examples of crimes are tax evasion, murder; drug trafficking, cyber crime, burglary, rape, and robbery. The United States Criminal Procedure Code dictates a predetermined procedure on the dispensation of felony cases.Typically, not all cases undergo the whole process as each case has different characteristics. The process begins with filing of complaints or arrest whichever comes first. The defendant then appears for the first hearing and after that preliminary hearing. Consequently, the following processes follow respectively; grand jury hearings, arraignment on the indictment, hearing on motion, witness conference, trial and sentencing. The legislations provide for different contingencies and constitutional protections for the defendant during the criminal justice process for felons. The essay seeks to ev aluate the effectiveness of the process and make recommendations for the changes or improvements of the process.ArrestFelony crimes may begin with filing of complaints by the US attorney; in alliance with a law enforcement official substantiate criminal charges before a magistrate to warrant an arrest warrant. However, in the event a crime happens before a police officer, the perpetrator is arrested. Victims of felonies are interviewed prior to filing of a complaint before a magistrate by a detective and the report handed to the US attorney. However, in some circumstances the US attorney may deem necessary actual interrogation of the witnesses. Congress has established an Act for the provision of the military to arrest a citizen considered a threat to the interests of the United States. Arrests of citizens should not violate the fourth amendment that provides for humane and court admissible search or arrest warrants; describing the actual premises for search or individual for arrest . The United States mandates some law enforcement agencies to arrest and detain felons. State police departments operate within various countries. Moreover, Federal Bureau of Investigations (FBI), The National Security Agency (NSA), Criminal Investigations Agency (CIA) and the military hold the power of arrest under special access as determined by the constitution of the USA. Felons arrested are subject to appearance before the court for initial hearing. However, criminals resisting arrest may be charged wit aggravated felony or maybe detained forcefully. The intricate legal structure of the US provides for certain protections of felons upon arrest. The fourth amendment provides for the protection of the accused on some fronts. Police officers are only allowed to arrest or seize property on probable cause of committal of a crime. Furthermore, the law enforcement officers are only authorized to detain the accused for a particular period depending on the actual crime committed. Police officers are faced with difficult decisions to make daily on the probable cause to warrant an arrest. Arrests of suspects based on sources information on suspects resulting in actual arrest and detention of evidence was ruled to be admissible evidence by the Supreme Court. Moreover, police officers are allowed to pursue criminals driving under the influence of drugs, speeding drivers and reckless driving. The crimes may result in an actual charge of felony depending on the outcomes of the offense. The current set up allows for equitable justice for the transgressors. However, police officers are undeniably under a predefined regime to act against felons.Preliminary appearanceAlleged offenders are scheduled for initial appearance before a magistrate after an arrest. The officer outlines the constitutional rights of the accused and decides on the financial ability of the accused to engage a legal representative or inclusion of a public defender for the defendant. Moreover, the magist rate determines the conditions for release and bond amount in the event of one. However, the prosecutor may request denial of liberation for the suspect at this juncture. Possible outcomes of preliminary appearance include denial of freedom, higher or lower bail amounts and release of the suspects. The judge may determine unreasonable delay during court proceedings. However, the outcomes above are subject to constitutional benchmarks set out. The accused has the right to a legal representative, to remain silent during court proceedings, hear the charges, rights pertaining to initial hearing and conditions under which the accused may earn pretrial discharge (Durose, 2003). The checks initiated offer adequate exhaustion of the legal recourse in the administration of justice. However, upon the incarceration of an accused, incarceration hearings are scheduled before the expiration of three working days to determine the risk of escape or threat to the society. The magistrate decides on w hether the suspect should be let loose or held.Pre-trialPre-trial encompasses some processes within the justice system in the dispensation of justice. The distinct procedures are prerequisites for any felony cases though not all cases graduate to the next process. Framers of the US Constitution established an equitable and fair justice system to remedy the after effects of the US Civil War.Initial hearingPreliminary hearing precludes determination of the probable cause of the crime. The discussion happens within ten days of arrest. The public prosecutor provides evidence for the committal of crime by the accused. However, the public defender cross-examines witnesses in a bid to deny the accused involvement in the offense. The judge determines the probable cause for arrest and committal for crime and decides whether the case should proceed to trial. However, indictment by a jury prior to arrest does not preclude initial hearing. The magistrate decides the next process of the case upo n arraignment of evidence by the public prosecutor. However, the public defender considers some plea bargains from the state attorney. The public defender argues the case to the best possible outcome for the accused. However, the actual choice of the proceeding of the case based on the offers lies predominantly upon the defendant. However, if the defendant considers the proposal by the public prosecutor and enters a plea of no contest, the negotiated terms are accepted and implemented. Therefore, the case proceeding against an accused arbitrarily closes at that stage. However, if the defendant dismisses the public prosecutorà ¢Ã¢â€š ¬s offer, the case proceeds to trial. The constitution provides for upholding of the accused rights. The suspect remains innocent till proven guilty.TrialCommittal for the trial of a case on felony results to trial before a jury to determine if the accused is guilty. The public prosecutor provides evidence and parades witnesses against the defendant. Th e prosecutor bears the onus to prove beyond reasonable doubt that the defendant is guilty. However, the public defender, on the defendant behalf cross-examines the witnesses against the defendant and parades witnesses to substantiate evidence in the name of the defendant. The jurors must unanimously declare the accused guilty, or the proceedings are considered a mistrial. Divided opinion amongst the jurors provides for fresh hearing by a different jury or dismissal of the case. However, a unanimous decision by the jury that the accused is guilty prompts proceedings for the pre-sentencing process to be established. This prompts the US Probation Service to send a Pre-Sentence Report to the US District Court Judge for Sentencing. The magistrate determines on the actual sentence of the accused. The accused may be sent to prison or fined. The accused may accept the ruling or apply for an appeal. Acceptance of the decision unilaterally confines the accused to the punishment of the court. However, application for appeal kick starts the next process of calls in the administration of justice. Lack of evidence or inadequate linkage of the crime to the accused may lead to dismissal of the case. The public defender or the accused attorney may also request for a reduced prison term based on the available evidence. However, the case may collapse upon recanting of witness statements or declination by the witnesses to testify before the jury (Neubauer, 2013). The Constitution provides for protection of the rights of the accused in the fair trial during the proceedings. Defendants have a right to confront the witnesses through defense lawyers. The accused should additionally not be subjected to the same test twice. The state law provides for a public hearing; the accused has a right to remain silent and be represented by a legal representative. Therefore, felony cases may proceed to the next process or be implemented through sentencing.App...

Persepolis, By Marjane Satrapi, And Things Fall Apart

The Merriam-Webster Dictionary defines culture as â€Å"the beliefs, customs, and arts of a particular society, group or place.† These different cultures are viewed several different ways around the world, and these views sometimes lead to misconceptions and stereotypes. Two novels, Persepolis, By Marjane Satrapi, and Things Fall Apart, By Chinua Achebe, take their works and shatter the stereotypical views of their cultures (Native Africans and Iranians) made by the western world. They show you that what you always hear about one culture or individual may not always be accurate, and the only way to learn about one’s culture is to learn the facts. Persepolis is a graphic novel written by Marjane Satrapi. The novel is Satrapi’s memoir about growing in Iran during the Islamic Revolution and the second Iran and Iraq war. She tells us the struggles of being a female in Iran. Satrapi shows us her life within the pages of this novel to show us who she really is, where s he really comes from, and what her country is really like. She corrects the misconceptions and stereotypes made about her culture from the western world. Iranians and people from the east are often look upon as terrorists and extreme fundamentalists. Before reading this book, I even saw Iran and the culture from that viewpoint. I saw the women of Iran as being passively oppressed and as Muslim women who had no voice. After reading Persepolis, my views did indeed change. The representation of the veiled woman isShow MoreRelatedPostcolonial Literature (Persepolis Things Fall Apart)1504 Words   |  7 Pagesï » ¿There are many different critical approaches to studying literature. With reference of both texts you have studied, show what you believe the value to be in using a particular critical approach. ‘Things Fall Apart’ by Chinua Achebe and ‘Persepolis’ by Marjane Satrapi follow a postcolonial critical approach. Both books take place in a country considered politically inferior through western perspective and both texts, even though reinforce colonialists’ oppressive ideology, don’t stand completelyRead MoreThe Complete Persepolis By Marjane Satrapi Essay2678 Words   |  11 PagesThe Complete Persepolis by Marjane Satrapi The Veil The reader is introduced to Marjane at 10 in Iran, 1980. She goes to school and wears a veil, just like everyone else. The women in Iran don’t want to wear a veil The new regime in Iran made it mandatory for women to wear a veil. They also segregated the schools between girls and boys Marjane says she wants to be a prophet The school thinks it’s weird that she wants to be a prophet, so they call her parents Even though she wants to be a prophetRead MoreLiterary Criticism : The Free Encyclopedia 7351 Words   |  30 PagesSophie s World, by Jostein Gaarder (1991) English Music, by Peter Ackroyd (1992)[39] The Gods Laugh on Mondays, by Reza Khoshnazar (1995) About a Boy, by Nick Hornby (1998) The Perks of Being a Wallflower, by Stephen Chbosky (1999)[40] Persepolis, by Marjane Satrapi (2000)[41] 21st century[edit] The Secret Life of Bees, by Sue Monk Kidd (2002)[42] The Kite Runner, by Khaled Hosseini (2003)[43] The Fortress of Solitude, by Jonathan Lethem (2003) [44] Never Let Me Go, by Kazuo Ishiguro (2005)[30] Looking

Cosmetic Surgery Essay - 804 Words

Elective cosmetic surgery claims to enhance outward appearances. However, elective cosmetic surgery could be a consequential death wish for young adults. Cosmetic surgery is a well-used procedure that the society conforms to fixing certain physical characteristics. Most of the time, people get cosmetic surgery for medical purposes. If the person is medically well, there is no reason to consider cosmetic surgery. Young adults are still transitioning into the real world. They should focus working towards their career. More importantly, young adults should refrain from elective cosmetic surgery. Although young adults should avoid elective cosmetic surgery, many people would argue elective cosmetic surgery can better a young adult’s life.†¦show more content†¦For example, Landa Pappas, a DJ in Boston, obtained lip implants to fix her lopsided lips. Even though she got the implants nearly five years ago, she recently experienced some complications. The Gore-Tex fibers, whi ch build the tissue, began to poke out. She went to the surgeon twice to fix it, but the re-operations were unsuccessful both times. Finally, she went to a different surgeon. Although she had her lips fixed, she had to pay over a thousand dollars out of pocket to redo her lips (Kalb, et al). Young adults need to think about the possible risks that can happen from cosmetic surgery. Elective cosmetic surgery either increases or decreases self-esteem. Often at times, people are too quick to surgery. Cosmetic surgery ads over judge the ability to perfect someone’s expectation. Consequently, cosmetic surgery is a luxury more than a medical procedure. Before turning to surgery, people need to have realistic expectations. After surgery, patients expect immediate results (Roberts). For young adults, they can adapt to more natural alternatives. Natural alternatives could include a healthier lifestyle. 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Cosmetic surgery, which is said to have been â€Å"used more than 4,000 years ago to treat facial injuries† (Fresh Faces) is now considered a common activity among any kind of person. This surgery first gained popularity in the 1910’s after World War I, among soldiers with shattered war faces in need of repair. L ater, it became a popular trend among women, who were mostly from high-class

AICD Challenges regarding Corporate Governance-Myassignmenthelp

Question: Discuss about the Challenges faced by Australian Institute of Company Directors regarding its Corporate Governance Practices. Answer: Reason for the Case Study Corporate Governance involves a set of rules, regulations, procedures with which a company is controlled and directed(Farrar, 2008). Primary scope of corporate governance involves balancing of interest of various stakeholders of the company. Stakeholders of a company can be internal or external involves, government financiers, customers, suppliers, shareholders, community and so on. Corporate governance provides a framework whereby a company is able to meet its objectives, undertaking internal controls towards performance measurement and corporate disclosures. The scope of this report is to undertake Corporate Governance review of Australian Institute of Company Directors (AICD), such that they are able to meet interests of its stakeholders(Mallin, 2011). As corporate governance aim is to understand best ways in which stakeholders interests of the organisation can be met, the report connects various reasons to the same. Corporate Governance involves each and every sphere of the management thus, rules needs to be applied for dictating of a corporate behavior. While there are a number of advisors, who are in position to dictate corporate behavior it cannot reflect governance. The Board of Directors is critical in corporate governance for appropriate equity valuation. Board of Directors has a direct impact on stakeholders for influencing corporate governance. Members of the Board are elected by shareholders or appointed by other members from the Board, such that they form a representation for the company(Bebchuk, 2009). There are various functions, which are undertaken by the Board for making of important decisions, they appoints corporate officer, conducts dividend policy and does executive compensation. Board obligations are way beyond financial obligations and they often need to undertake shareholder resolution for social or environmental priorities. Hence, it is the responsibility of the Board to a pply Good Corporate Governance. Bad Governance can create doubt on a companys integrity, reliability and obligations to its shareholders. It also creates intolerance towards stakeholders in cases of bad governance. In case a company does not apply corporate governance then there can be noncompliant financial results, bad compensations packages as well. On the other hand, good corporate governance creates a positive ambience towards the company Boards and creating a transparent rules and controls. Companies generally strive to apply highest levels of corporate governance, for reflecting good corporate citizenship by various endeavors. Thus, it is critical that all stakeholders interests are met adequately for apply corporate governance(Larcker, 2007). Background Purpose and Scope Corporate Governance is often focused by multiple top corporation as being the primary obligation of their businesses(Adams, 2010). Australian Institute of Company Directors (AICD) opinion is that companys board of directors has responsibility of placing shareholders interests prior to stakeholders interests. There have been multiple instances where shareholders interest has been prioritized over stakeholders interests. AICD however, wants that all its stakeholders interests be met and satisfied for better public appraisal in regards to its corporate governance endeavors(Brezeanu, 2008). Proprietary Theory is one in which there is no fundamental distinction between legal entity and its owner. It implies that an entity does not exists separately from its owners for accounting purpose. Entity Theory is applied with three basic assumption as economic activity being of business conducting being distinct from its owners. Its primary activity is that a company can and will be accounted as separately from its owners activities. Enterprise Theory establishes that there are two clashing motivation of business, which is for making profits, where production in curtailed for purpose of price and making high profits. Stakeholder Theory is a theory for organisational management and business ethics that establishes morals and values for managing organisation. Till date the organisation had been overlooking needs of various stakeholders and been concerned with only needs of its shareholders. Such point of view can give rise to challenges from not only current situation but also for the future. It might decrease sustainability aspect of the business. There might be substantial amounts of issues created from implication of such challenges, which might further replicate in the future. Purpose and scope of this report concerns highlighting various problems faced by organisation in connection to its prioritizing of various shareholders interests. While safeguarding stakeholders interests and looking after their concerns is of importance, the organisation has been overlooking and ignoring the same. Thus, the report highlights critical recommendations that the organisation needs to accommodate in order to overcome particular challenges that it faces currently(Kang, 2007). Problems and Solution Organisations need to strive to attend to maximize stakeholders interests compared to those of its shareholders. Various stakeholders can have multiple conflicting interests which has raised several scandals across multinational organisations(Aguilera, 2007). Cases of Enron, ImClone, Global Crossing, Tyco International and WorldCom have provided immense insights regarding authorities who have highlighted shareholders interests supremacy. Thus, theory of corporate governance prevails that establishes its supremacy and also applicability. Below are mentioned some problems that AICD faces and there solutions, with certain recommendations. 1st Problem: Balancing of shareholders interests against those of stakeholders might lead to financial interests of shareholders. Increasing financial returns of shareholders from accounts or other discrepancies might lead to corruption. Auditors are also made to view shareholders return, manipulating returns of the company often reflecting losses for the same. This, problem can lead to a long term issue and raise external stakeholders concern in regards to auditing. Thus, the first problem concerns highlighting shareholders theory compared to stakeholder theory. Solution 1st Problem: Solution to all problems faced by the current organisation is adapting corporate governance procedures and highlighting interests of stakeholders(Kayode, 2015). Looking after shareholders interests can lead to viewing their interests which is to maximize their returns. Shareholders interests can be balanced by the organisation, but its fallouts can be explained to the Board of Directors. Thereafter, discussing the long term sustainability of the organisation appropriation of profits to stakeholders can be attempted. Focusing on appropriation of profits will enable building of trust in the organisation. 2nd Problem: Shareholder and stakeholder theories are normative theories of corporate social responsibility. Role of corporate social responsibility concerns doing what is right. Thus, theories of business ethics for doing what is right are often contradictory to shareholders and stakeholders theory. The current organisation will not be able to apply ethical codes of conduct within the organisation if it is not able to able stakeholders theory appropriately. Second problem thus, concerns itself with application of ethics within the organisation. Solution 2nd Problem: Ethics is critical to every business, especially for Australian Institute of Company Directors (AICD)(Friedman, 2007). Applying of ethics will yield long term benefits to the business of the organisation. An ethical code of conduct for the entire organisation needs to be developed and adopted by the Board of Directors. Such ethical codes will contains norms and clauses for highlighting of stakeholders interests. It is integral for an organisation for accommodating ethical codes, which includes shareholders interests within those of stakeholders interests. 3rd Problem: Stakeholders theory asserts that managers of an organisation have duty towards corporation shareholders, individuals as well as constituencies who work for the organisation. Hence, according to fundamental concepts it is the sole responsibility of managers to look after interests of stakeholders even in case it reduces the companys profitability. It can be drawn from the concept that stakeholders need to have a critical role to play in decision making, which is not the case as shareholders interests are taken care off. Solution 3rd Problem: Stakeholders interests can appropriately be reflected in their ideas incorporated into decision making. Board Members needs to adopt procedures such that all stakeholders decisions are incorporated into attaining of any particular objective of an organisation. When all stakeholders will gain consideration then an objective will be met appropriately. Recommendations AICD will be able to overcome its current situation and apply corporate governance codes of practices(Young, 2008). Though there might be dispute over stakeholders or shareholders interests being of importance. While shareholders invests in businesses for financial returns, it can be argued that the will seek to maximize their profits or returns and have their say in business. However, for long term gains it can be said that all stakeholders ways and means needs to be evaluated. The following are some recommendations that can act in favor of the business; AICD needs to establish documented segregation concerning roles and responsibilities of shareholders, the Board of Directors and management. Clarification of roles and responsibility helps understand particular segregation in roles and execute them accordingly. This platform also provides for reduced conflicts amongst the various participants of a business. Implementing Authority Matrix, such that there are no confusion regarding delegation of authorities. An Authority Matrix is especially useful in cases where there are multiple members in the management and no single grievance handling procedure. Educating Board Members might seem a critical responsibility but includes an integral role. The Broad Members needs to know regarding the roles that stakeholders possesses within an organisation and its impact. Corporate Governance has already achieved its success across multiple multinationals. Addressing transparency issues, is integral for any type of organisation. Especially in AICD, various stakeholders deserves the right to know ways decisions are made and impended upon them. Transparency has various other positive impacts as well, that can benefit the organisation in the long run by way of employee satisfaction, higher productivity and lower turnover rates. Establishing Audit and Risk Committee and recognizing governance risks for the Board of Directors. Any fraudulent practices or any accounts discrepancy is supposed to be right and responsibility of the Board of Directors solely. Hence, it becomes crucial that an appropriate Audit and Risk Committee is established which recognizes such risks and files returns in compliance with all possible legitimate standards. Lastly every stakeholder needs to realize their contribution to the organisation, which in totality is of much greater interests. Every form of strategic decisions taken by the organisation, by its Board Members has a long term standing impact on sustainability and viability of the business hence is crucial. Therefore, more the contribution from stakeholders towards an objective or decision better is the sustainability for the organisation. Conclusion Corporate Governance is seen as a key concept that can render efficiency and effectiveness to the functioning of an organisation. Primary responsibility of Board members is to abide by its stakeholders needs and necessities. An organisation that is capable of meeting such diversified stakeholders needs emerges as a leading one, with trusts from its customers and internal stakeholders. Good governance can be reflected through corporate governance endeavors which if applied by an organisation, AICD can earn interests form its stakeholders. AICD will accommodate recommendations provided for including relevant aspects to response to diverse stakeholder audiences. Corporate Governance practices application might require the organisation adopt a new set of standards, practices or rules. Such procedures will be developed in consultation with the Board Members. However, in this case the Board Members need to consider views of all relevant stakeholders of the organisation as it will allow dev elopment of better codes of conduct, roles and responsibilities. These recommendations will allow the company emerge as a corporate governance specialists and earn reputation in the field. Reference Lists Adams, R. B. 2010. The role of boards of directors in corporate governance: A conceptual framework and survey. Journal of Economic Literature, 58-107. Aguilera, R. R. 2007. Putting the S back in corporate social responsibility: A multilevel theory of social change in organizations. . Academy of management review, 32(3), 836-863. Bebchuk, L. C. 2009. What matters in corporate governance? Review of Financial studies, 783-827. Brezeanu, P. a. 2008. Corporate governance models. VIII (I), 15. Farrar, J. 2008. Corporate governance: Theories, principles and practice. Oxford University Press. Friedman, M. 2007. The social responsibility of business is to increase its profits. In Corporate ethics and corporate governance. springer berlin heidelberg., 173-178. Kang, H. C. 2007. Corporate governance and board composition: Diversity and independence of Australian boards. Corporate Governance: An International Review, 194-207. Kayode, M. K. 2015. Managerial Incentives and Corporate Governance. Larcker, D. F. 2007. Corporate governance, accounting outcomes, and organizational performance. . The Accounting Review, 963-1008. Mallin, C. A. 2011. Handbook on international corporate governance: country analyses. Edward Elgar Publishing. Young, M. P. 2008. Corporate governance in emerging economies: A review of the principalprincipal perspective. Journal of management studies, 45(1), 196-220.