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Criminal Justice

Procedure & EvidenceChapter 1

Extra Credit Assignment

Holden John-Rose

Professor: Whitaker

Course: CJU 232

Date :06/14/2012


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Chapter 1


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What is Crime Control?

Crime control refers to methods taken to reduce crime in a society.

Penology often focuses on the use of criminal penalties as a means of

deterring people from committing crimes and temporarily or

permanently incapacitating those who have already committed crimes

from re-offending. Crime prevention is also widely implemented in

some countries, through government police and, in many cases, private

policing methods such as private security and home defense.


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What is Constitutional Democracy

A majority of elected representatives have wide latitude to create criminal laws, but

in enforcing the criminal law, officials are much more restricted by the law of

criminal procedure.

A constitutional democracy is a government under law in which coalition and

majority rule is balanced by minority and individual rights, and in which most

rights are balanced by responsibilities - including the responsibility of each citizen

to study the history of constitutional government in order to illuminate it in ways

that no definition ever can and in order, thereby, to allow it to evolve further in

light of ancient wisdoms and the needs of our evolving global civilization.


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Preventing crime in the Constitutional.

Keep life in perspective. One can elevate one thing (often an unimportant thing) over what

matters in life in no time. This could be money, a relationship, an asset, a job or a person.Conduct a priority check on a regular basis to ensure you have life in perspective and that

nothing that you value has become out of sync in relation to the rest of life. This could place you

at a risk of becoming a victim of crime. Potential criminals often study their victims and view

areas where the victim is highly emotionally invested as a possible weak link for penetration.

Avoid allowing strangers into your home or closed living space. Communes and buddy-living

are fast becoming a thing of the past. Bachelor apartments are in for those who prefer to go solo

and families are even fast reducing their living space. This simple living concept is supported bythose encouraging the prevention of crime. The reason for suggesting this is that you can easily

invite a vicious criminal into your home or onto your property without being aware of it. Don't

pick up strangers and invite them into your home. Don't easily go home with strangers either.

Spend a little extra money on home security. This depends on the area you live in. Some areas

are more prone to crime than others and therefore this needs to be placed into perspective.

Comply with your Insurance Companies' minimum security requirements. Insurance

Companies have a large database of losses per area that are made available to them. The better

Companies make security suggestions to their clients based on loss history specific to the area

they reside in. Although not foolproof, precautionary measures are recommended for a reason.

Try and have a little more security fitted than your neighbor's. The reason for this is their

house may seem more attractive to an opportunist potential thief or armed robber at crunch

time.


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Protectors of crime in our Constitution

Diplomacy is one of the best ways to protect the United States and theAmerican people. We use diplomacy with other nations of the world tosuccessfully deal with a number of challenges that cross nationalboundaries and affect us here in the United States, including:

Terrorism; The threat of weapons of mass destruction;

HIV/AIDS and other infectious diseases;

Dangers of illegal drug trafficking and crime;

Humanitarian needs of migrants and refugees; and

Environmental degradation.


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Protectors of crime in our Constitution.Continued.

Americans at home and abroad face threats to their physical and economic well-being. The StateDepartment protects our nation, its people, and our prosperity by helping to:

Prevent terrorist attacks and strengthen international alliances to defeat global terrorism;

Ensure America's homeland security by promoting policies and practices to keep travel,trade, and important infrastructure safe;

Provide guidelines to manage the entry of visitors to the U.S.;

Promote stability in all regions of the world;

Prevent enemies from threatening the U.S. or our allies with weapons of mass destruction;

Reduce the impact of international crime and illegal drugs on Americans; and

Protect and assist American citizens who travel, conduct business, and live abroad.


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Who makes the decision in protecting

our constitution to any democracy?The exact process of decision making is determined by the governance structure of

the democracy. Thus some democracies are highly centralized, with few decisions left

to local governance structures, while others are decentralized and allow considerable

autonomy to local decision makers. In almost every democracy, who makes the

decision is very often determined by the nature of the decision to be made. Thus a

decision to go to war will often be made by the highest, most centralized institution of

governance in the democracy, while a decision to repair a certain stretch of road will

normally be taken by a local council.


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Equal rights of every citizen in the

constitution.That the idea is quite unfounded, that on entering into society we give up

any natural right. The rightful power of all legislation is to declare and

enforce only our natural rights and duties, and to take none of them from

us. No man has a natural right to commit aggression on the equal rights of

another; and this is all from which the law ought to restrain him. Every

man is under the natural duty of contributing to the necessities of society;

and this is all the law should enforce on him. When the laws have declared

and enforced all this, they have fulfilled their functions.


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The Fourth Amendment !

The Fourth Amendment (Amendment IV) to the United States Constitution is the

part of the Bill of Rights which guards against unreasonable searches and seizures,

along with requiring any warrant to be judicially sanctioned and supported by

probable cause. It was adopted as a response to the abuse of the writ of assistance,

which is a type of general search warrant, in the American Revolution. Search and

seizure (including arrest) should be limited in scope according to specific information

supplied to the issuing court, usually by a law enforcement officer, who has sworn by

it. The Fourth Amendment applies to the states by way of the Due Process Clause of

the Fourteenth Amendment.


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Case in violating the Fourth

Amendment.

Case MUEHLER v. MENA

Police detained Mena and others in handcuffs while they searched the house they

occupied. During the detention they asked Mena about her immigration status. The

police had a search warrant to search the premises for deadly weapons and evidence

of gang membership. Mena sued the officers in federal district court for violating her

Fourth Amendment right to be free from unreasonable seizure. The district court

ruled for Mena. The Ninth Circuit affirmed, holding that using handcuffs to detain

Mena during the search violated the Fourth Amendment and that the officers'

questioning of Mena about her immigration status also violated the Fourth

Amendment.

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