Criminal Justice Procedure & Evidence Chapter 1

Extra Credit Assignment Holden John-Rose Professor: Whitaker Course: CJU 232 Date :06/14/2012

Chapter 1

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.

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 .

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 by those 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.

Protectors of crime in our Constitution

Diplomacy is one of the best ways to protect the United States and the American people. We use diplomacy with other nations of the world to successfully deal with a number of challenges that cross national boundaries 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.

Protectors of crime in our Constitution.

Continued.

Americans at home and abroad face threats to their physical and economic well-being. The State Department 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.

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.

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 fullled their functions.

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.

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.