The police mission
The police mission is maintenance of social order within carefully prescribed ethical and constitutional restrictions. The mission as currently defined involves:
Various groups may staunchly defend different points of view or values and seemingly or actually work against one another, the resulting conflict may cause the police to fall short in reaching the common objective – superior law enforcement protection for the community.
maintenance of social order carefully prescribed ethical and constitutional restrictions currently defined involves
The Prevention of Criminality constructive terms criminal tendencies are bred to indulge in antisocial behavior to reduce causes of crime Repression of Crime continuing effort toward eliminating or reducing the opportunities Apprehension of Offenders discourage the would-be offender
to punish offenders, lessens the prospect of repetition the monetary cost of crime restrain gains of crime incidentally concerned traffic and sanitary-code provisions Performance of Miscellaneous Services peripheral to basic police duties and includes search and rescue operations chauffeuring officials defend different points of view | поддержание общественного порядка тщательно предписанные этические и конституционные ограничения определяется в настоящее время включает в себя Предупреждения преступности конструктивные условия криминальные наклонности разводят предаваться антиобщественного поведения для уменьшения причин преступности Репрессии преступности постоянные усилия к ликвидации или уменьшения возможности Задержание правонарушителями препятствовать потенциальных преступника чтобы наказывать нарушителей, уменьшает перспективу повторения денежная стоимость преступностью сдерживать доходы от преступлений кстати обеспокоены трафика и санитарно-код положения Выполнение Прочие услуги на периферии основных обязанностей полиции и включает в себя поисково-спасательных операций chauffeuring чиновников защищать различные точки зрения |
Crime
Crime is categorized as a part of public law – the law regulating the relation between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state.
In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The state must prove his guilt according to high standards; and for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statues; others, known as “common law crimes”, are still described mostly in case law.
There are usually two important elements of a crime: (i) the criminal act itself; and (ii) the criminal state of mind of the person when he committed the act. In Anglo-American law system these are known by Latin terms of (i) Actus Reus (ii) Mens Rea.
The state must prove the defendant did the necessary acts beyond reasonable doubt. This means that the balance scales must tip to their near maximum. Since punishment is the remedy, we want to be certain that we only punish the guilty, not the innocent.
Defendan t must have done acts with a level of knowledge declared in the statute. This necessary mental state was determined to be: intentional, reckless, or negligent conduct, or strict liability.
Intent has its own set of definitions.
Specific intent: Defendant has a determination of mind to commit at least one of the required elements of a criminal offence. Example: first degree murder normally requires proof of premeditation, which is a matter of intent found to be existent before picking up the gun, to do an act (shoot the gun) and bring about a result (kill the person).
Transferred intent convicts a person of a result, which he did not intend, but which was a result of the illegal act. Example: I intend to kill A by shooting, but miss and kill B, whom I love and would never kill. My intend to kill A is transferred to B; I am guilty of murder.
Implied intent: we are rational people, intelligent and understanding; so intent to do an act may be implied from doing of the act.
Strict liability: here there is no need for a mental status. We are liable for doing the act without defence. Example: sexual intercourse with a female under a specified age (statutory rape). Your belief concerning her age (even a reasonable belief) is no defence.
Crime has three major types: crime against person, crime against property, and crime against the public order.
A crime against person always involves force of threat of force against the body of another (murder, rape, robbery).
Crimes against property are distinguished by an absence of force against a person and loss of property (theft).
Crimes against public include rioting, treason, and most of the “victims” crimes (prostitution, sale of pornography, drugs deals).
As for classification of crime there is the concept of “arrestable” and “non-arrestable” offences.
An arrestable offence is one for which no specific arrest warrant is required.
considered guilty recorded in statutes beyond reasonable doubt remedy we want to be certain not the innocent Defendant determined to be intentional definitions Specific intent determination of mind normally requires proof of premeditation
intent found to be existent Transferred intent Implied intent be implied from doing of the act. mental status sexual intercourse female under a specified age | считается виновным записан в уставе при отсутствии обоснованного сомнения средство мы хотим быть уверены, не невинных подсудимый определяется как намеренный определения конкретное намерение определение разума обычно требуется доказательство преднамеренности Цель установлено, что существует Переведен намерения Подразумеваемая цель будет вытекать из делает акта. психическое состояние половое сношение женский под определенного возраста |
The C of the USA
A C may be defined, as the system or body of fundamental principles according to which a nation or state is constituted and governed. A good example of a written C in this sense is the C of the USA, formed in 1787. it is a relatively brief document of some 12 pages. The C of the USA is the source of government authority and the fundamental law of the land. For over 200 years it has guided the evolution of government institutions and has provided the basis for political stability, individual freedom, economic growth and social progress.
The Constitution Convention which was to adopt a new C, officially opened on May 25, 1787, in Philadelphia. The C set up a federal system with a strong central government. A federal system is one in which power is shared between a central authority and its constituent parts (states), with some rights reserved to each.
The USA became federated because, after the War of Independence, the 13 states then in existence were too weak individually to carry on the work of government.
Under the C power was further devided among the three branches of the national government: legislative (Congress), executive (the P) and judicial (the Supreme Court). Each was given its own authority.
These three powers established a so-called system of the checks and balances. This system gives each branch the means to restrain the other two. For example, the P has the power to veto acts passed by Congress, but Congress may override the veto by a two-thirds majority.
The C provided the elections of a national leader, of P. In 1789 George Washington was unanimously elected the first P of the USA. It provided also that federal laws would be made only by a Congress consisting of representatives elected by the people. The C set up the national court system headed by Supreme Court. This fundamental document provided the most clear example of a practical separation of the three principal separation of the three branches of power.
When the C was written in 1787, there were only 13 states. Only the past 200 years 26 amendments have been adopted, but the basic document, the C itself, has not been changed. The pattern of government planned so long ago for 13 states, today meets the need of 50 states and 60 times as many people.
Congress was forced to adopt the first 10 amendments to the C dealing with civil liberties. They were called collectively the “Bill of rights”. From these amendments the Americans received guaranties of such basic rights as freedom of speech, the press and religion, the right of peaceful assembly.
The P of the USA is not and connot be a member of Congress. Any member of Congress who wishes to become P of the USA must resign from this body before accepting the Presidency. At the same time the P may or may not be a member of the political party with a majority in Congress. No member of the Government with the exception of the Vice-P may also b a member of Congress.
Congress is empowered by the C to remove government officials, including the P, from office, only by an impeachment process. Impeachment is a charge of misconduc t brought against a government official or P by legislative body.
Each state has its own C. The State Cs have a similar structure with the C of the USA. As a rule they include with the preamble, the Bill of Rights, as well as provisions dealing with local interests: division of powers, suffrage and elections, taxes and finance, education and etc. The federal government of the USA is devided into three main branches: the executive, the legislature, and the judicial.
defined relatively brief guided the evolution provided the basis economic growth constituent parts further devided override provided the elections unanimously consisting of representatives three principal separation received peaceful assembly. resign empowered misconduct division of powers | определенный относительно коротким руководствоваться эволюцию легли в основу экономический рост составные части далее делится переопределение при условии, что выборы единогласно состоящая из представителей три основных отделения получено мирных собраний. уходить в отставку уполномоченный проступок разделение полномочий |
Juvenile delinquency
Juvenile Crime, in law, means various offenses committed by children or youths under the age of 18. Such acts are sometimes referred to as juvenile delinquency. Children’s offenses typically include delinquent acts, which would be considered crimes if it committed by adults, and offenses, which are less serious misbehavior such as truancy and parental disobedience. Both are within the jurisdiction of the juvenile court; more serious offences committed by minors may be tried in criminal court and be subject to prison.
Since ancient times enlightened legal systems have distinguished between juvenile delinquents and adult criminals. The immature generally were not consideredmorally responsible for their behavior. Under the Code Napoleon in France, for example, limited responsibilities was ascribed to children under the age of 16.
Official records indicate that much juvenile crime is a group or gang activity. Juvenile gangs are typically classified as violent, delinquent, or social. Members of violent gang sometimes have unstable personalities. This delinquent gang is a small cohesive group developed to carry out criminal acts, such as petty thievery and mugging.
Many theories concerning the causes of juvenile focus either on the individual or on society as the major contributing influence. Theories centering on the individual suggest that children engage in criminal behavior because they were not sufficiently penalized for previous delinquent acts or that they have learned criminal behavior through interaction with others. Theories focusing on the role of society in juvenile delinquency suggest that children commit crimes in response to their socioeconomic status. Most theories of juvenile delinquency have focused on children from disadvantaged families, ignoring the fact that children from affluent homes also commit crimes.
More families consist of one-parent households or two working parents; consequently, children are likely to have less supervision at home than was common in the traditional family structure. This lack of parental supervision is thought to be an influence on juvenile crime rates.
Comparisons of the juvenile crime rates in various countries are severely limited by wide variations in national legal systems, categorized of criminal behavior, and methods of reporting crimes; certain similarities are apparent, however.
For example, Canadian, Australian, and European victimization studies show the actual number of crimes to be several times those know to the authorities.
The major causes of delinquency in various countries are related to each nation’s economic and social environment. In Brazil, for instance, the incidence of widespread poverty and the number of abandoned children in large city slums may be primary causes are the changing social system, the population explosion, and shifting morals and values. Egypt reports that know delinquency has doubled in recent times, coupled with a decline in available services for offenders.
Many countries, such as Japan, report a decline in the number of juvenile delinquents that parallels a decline in the number of young people generally.
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