The Evolution of Criminal Justice
In earliest times it was a crime to displease either the gods or the king. The Mesopotamian king Hammurabi (1795-1750 BC), “the exalted prince, who feared God” felt be was divinely called “to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak.” Discovered in 1901, the Code of Hammurabi was carved into the sides of an eight-foot-high monument, for the first time that was know of spelled out clearly, for all to see, the expectations and penalties that applied to each inhabitant of the realm. [read more]
Giving a child’s guardianship to father or mother. Is this a crime? Is this a one sided soul felony? Does this make the child a future criminal according to the past examples?
Whatever the circumstances may be, and however may be at fault, one thing is certain with divorce: it will get ugly. Add children to the equation, and you might think matters would improve. After all, no parent would happily see their child suffer. Empirical evidence, however, suggests otherwise. When a marriage is breaking down and divorce looms large on the horizon, parents often recruit children to fight their cause for them. The children become pawns in the game of life and death that is taking place in the home.
But is this really fair? Should a child’s guardianship be dictated by one parent or the other? Is society at large committing a huge social crime in adopting this rather barbaric way of assigning the custody and upkeep of a child? And, what long-term effects is this having on children, are they more likely to become future criminals? [read more]
Criminal background check via online, what if it gets hacked?
In today’s seemingly more dangerous world, companies and individuals are electing to undertake a criminal background check on a person they have just become acquainted with before making a decision on whether or not to trust or employ that person. This is a natural reaction to our daily exposure to the horrific crimes being committed on an almost daily basis via the media. However, with a vast majority of criminal background checks being undertaken online, what happens if the database of the supplier gets hacked? [read more]
Could The Idea Of Conducting A Criminal Trial Online Become A Reality?
The potential of the technology behind the Internet has attracted the attention of some of the best criminal lawyers, who are actively seeking to define the future of legal practice. Considering all the factors that are contributing to an increase in crime, it is becoming more evident that the status quo for the justice system is changing and criminal attorneys are in the forefront of the issues that impact the cases they represent and society as a whole.
Law enforcement authorities are finding their personnel strained under increasing case files and decreasing funds to compensate them for their labor. In addition, marketing efforts are not producing the desired recruits, the result of a severely damaged public image from reports of corruption and criminal activity within their ranks. For many people, there seems to be less difference between the criminals and law enforcement officers than ever before. [read more]
How to Perform a State Criminal Background Check
How much personal information should your employer, friends and associates have access to in order for you to earn a living and participate in various activities? This question is being given serious thought today as the government continues to stress the importance of each individual doing their part to protect national security. Individuals who have worked for the government, financial and educational institutions are familiar with criminal background checks, but for most people, the idea of being the subject of a criminal background check is a completely new experience. [read more]
Should MySpace, Orkut and other online communities be held legally responsible for online domestic violence crimes committed by their users?
For every boon there is always a downside-such is the case with the Internet, which has become not only the information highway, but also a playground for individuals who seek to wreak havoc on others. As San Diego criminal defense attorneys are quickly learning, as useful and entertaining as the Internet can be, a lot of information about Internet users resides online and an enterprising criminal knows where and how to find it.
Although MySpace.com recently eclipsed more traditional Web sites to become one of the Top 10 Internet destinations, several widely publicized incidents of cyber stalking have also raised concerns about user safety. In addition, the discussion has now turned to questioning the responsibility of the management of these online communities when a domestic crime is committed by their members. San Diego criminal defense attorneys are aware that chat rooms and online communities are not the only electronic means used for cyber stalking; E-mail, text and instant messaging are also being used to harass victims. [read more]
The email spamming, a cybercrime? A time massacre?
The Internet, or, more accurately, email, has spawned one of the greatest nuisances of our time, “spam”. Conservative estimates are that 100 million people receive at least one spam email. It is also estimated that somewhere between 50 percent and 70 percent of all email messages are spam. As you will see, quantifying the cost of spam email is difficult, but even conservatively the cost to lost business must be in the billions, rather than millions, of dollars. Hardly suprising then that anti-spam advocates want to see anti-spam criminal laws enacted around the world. [read more]
How fair is installing tracking microchips to criminals? Does this violate human rights?
Human rights advocates and criminal attorneys are both caught in the cross hairs of the debate regarding how to administer justice to individuals accused of a crime while at the same time protecting their human rights.
No matter how heinous the crime, criminal attorneys are aware of the Sixth Amendment of the Bill of Rights which clearly states:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." [read more]
Are Similar Skills Used To Investigate? A Crime Scene and Commentate a Football Penalty Decision?
The profession of criminal justice is a fascinating field of work. The skills one must learn to earn a forensic science degree or become a crime scene investigator, are founded of principles of forensic psychology and criminology. In crime scene training, the investigator is looking for clues that will lead to understanding what type of crime was committed, the identity of the perpetrator of the crime and their motive.
In order for criminal justice to be truthfully served, it is necessary for the crime scene investigator to be impartial. This characteristic is essential to by football commentators who analyze penalty decisions. Both of these activities have several things in common: [read more]
Comparing children in past to present the crime age decreases every year
Probably one of the most difficult and hotly debate issues that any society faces is the level of criminal responsibility that a child can be held responsible for. The general consensus is that children cannot be held accountable for their criminal behavior because they are unaware that what they are doing is necessarily wrong. Without the awareness element to a criminal act, the defendant cannot be said to have acted with intent – and essential element behind any criminal convention. This is not only right, but also proper. A child, by mere fact that they are a child, should not be presupposed to know the same as an adult. Clearly a child should be allowed to enjoy their youth without hindering their development by stipulating that they be held accountable for their actions in the same manner as an adult is. [read more]
The evolution of cybercrime from past to the present
Every so often we experience an advance in technology that is so radical it not only changes the way that societies interact, it also has a fundamental affect on the behaviour of the criminal element within that society: introducing completely new and previously unheard of words into our everyday language usage. Henry Ford’s invention of the motorcar is a classic example of this point (coining terms such as car-jacking and get-away car). Ask any criminal defense lawyer what, in their opinion, has been the most radical change in criminal behaviour, however, and probably the biggest response you’ll receive is cybercrime. What, however, is cybercrime and how can it have had such a profound impact on our lives in such a short space of time? [read more]