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1.

Define AND give 2-3 sentence interpretation of each of the following chapter

concepts

Crime - A crime is any conduct that is a violation in public. Crime is the behavior seen as

deserving of punishment or consequence by statute or common law, whether it involves an act or

an omission (Storm, 2015). Even though most crimes require the element of intent, some small

ones may be committed under strict liability, even if the defendant has no predetermined

thoughts about committing the crime.

Criminal procedure – These are regulations guiding the government's string of actions to

implement substantive criminal law (Storm, 2015). Each municipality, state and federal

government's criminal codes specify the behaviors considered crimes.

Civil law - Civil law is a component of the law that governs non-criminal rights, obligations of

people (both natural and legal persons), and fair legal interactions between private parties

(Storm, 2015). The common law system, which depends on earlier judgments to decide a

lawsuit's outcome, differs from the civil law system, which derives from the Roman Corpus Juris

Civilus of Emperor Justinian I.

Criminal prosecution - is the action or process of putting someone on trial for a crime to

determine their guilt (Storm, 2015). In practice, prosecution activities are society's main tool for

punishing illegal behavior and serve as its link with the adjudicative authority.

The goal of criminal prosecution is defined as any court order issued following a conviction to

shield the vulnerable members of society from the bad deeds of the criminals (Giudilli, 2015). A

prosecuting attorney has a legal obligation to tell the court whether the defendant is a first-time

offender before sentencing.


2. Pages 17-19 in your book contain information on the 5 recognized purposes of

punishment. Using your reasoning skills, place these 5 purposes in order from most

to least important for law enforcement agencies to use. Explain why you ordered the

list as you did

Punishment has five recognized purposes: deterrence, incapacitation, rehabilitation, retribution,

and restitution (Storm, 2015). The most important to least important are rehabilitation,

retribution, restitution, incapacitation, and deterrence. The ranking is based on the magnitude of

importance to the defendant and society. Rehabilitation transforms a defendant's behavior to stop

potential crime. Rehabilitation may include counseling, intervention programs, educational and

vocational programs, and skill development. Criminal behavior is not a choice made consciously;

rather, it is influenced by social pressures, psychological issues, or various situational issues.

Therefore, it is important to help change the person's behavior rather than punishment that will

retain its behavior which can result in the same mistakes in the future.

3. Page 61-63 in your book contains information on circumstantial evidence. Discuss

the use of circumstances evidence in a criminal case. Explain the different types of

circumstantial evidence

The term "circumstantial evidence" refers to indirect evidence that supports the existence of a

fact, although not directly proving it (Giudilli, 2015). The allegation must be supported by other

reasonable conclusions based on circumstantial evidence. During a trial, both the prosecution and

the defense might offer circumstantial evidence. Since direct evidence is frequently absent from

criminal proceedings, a defendant may be found guilty or innocent based solely on circumstantial

evidence.

Types of circumstantial evidence


Physical evidence - Actual objects connected to the crime constitute physical evidence (Giudilli,

2015). These objects can be anything related to the crime, though firearms are frequently among

them.

Human behavior - Lawyers may exploit human behavior as circumstantial evidence for their

arguments (Giudilli, 2015). This is predicated on the premise that human people act in ways that

can disclose their inner feelings and ideas.


References

Giudilli, P. (Ed.). (2015). Criminal Law. University of Minnesota Libraries Publishing.

Storm, L. M. (2015). Criminal Law by Storm. Lulu. com.

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