MANAGEMENT OF JUSTICE PART2

Crimes and evidence

Major sexual crime is a rape  and here material evidence is collected from the victims person ,clothes in the form of semen  ,for which DNA test is done,as well as scratches and nail deposits.In cases of rape evidence of use of force and lack of consent should be present.Use of force can be deduced from personal injury as well as broken furniture. Lack of consent may be difficult to prove in cases where a person known to the woman as in date rape or marriage rape cases. Proving fear or fraud use is equivalent to a lack of consent in rape cases.In marriage rape cases evidence of separation or injury marks will support rape.

 Solicitation of assistance for homicide is also a major crime. Here if a weapon or money is given to perform the crime the evidence is more convincing.Conspiracy to commit an unlwfull act differs from solicitation in that a number of persons are involved in planning homicide or robbery. Witness accounts of those involved usually is evidence enough for conviction.Criminal attempt occurs when the crime of homicide is dangerously close to being committed.The neccesity of defining the above as crimes is that the purpose of law is to prevent a dangerous crime before it occurs.The crimes of assisting and abbé ting and coverup similarly punishes crime planning by assistants.

 The crime  of larceny requires removal of valuable objects without the owners consent for permanent deprivation. In this the stolen object must be recorded in the possession of the thief. Moreover circumstantial evidence must prove a criminal intent to steal by hiding the act.A related crime is embezzlement where there misappropriation of money which was legally under the care of the embezzler. In robbery in addition the use of or threat of use of force has to be present. In extortion usually by criminal gangs or politicians the use of a threat is not immediate but still present. Burglary is the breaking in in a house along with intent of stealing. The intent is proved circumstially if objects have been searched randomly for valuables.The crime of fraud is proved by evidence of false promises made in present with intent to change title of a property. Circumstantial evidence proves that the false statement was not a mistake

Misdemeanours and evidence

  Assault and battery  is proven if there a threat to use violence by words or gestures and a weapon is in possession. If actual injury to victim occurs it can be converted to first degree assault depending whether grievous injury is present. Intent to kill can be proven from use of a dangerous weapon to repeatedly injure the victim which could have led to death.

Arson is the use of an incendiary device to burn a building or a vehicle. Proof that the fire actually was started by the person,presence of incendiary materials in his possession, proof of a motive such as a dispute or insurance claim is further required.

The criminal process

The criminal process begins with arrest for a serious crime. Here the police should have reasonable evidence in the form of witness reports or investigations carried out by police themselves.Assoon as possible the arrested person is brought before a judge or magistrate and charged with relevant crime for which evidence is present( Indictment). Depending on seriousness  of crime,the chances of offender disappearing the judge may release, give bail or keep him in custody.The next step is arraignment where the defender is charged with the crimes in court . Here the defendant may plead guilty or not guilty. If not guilty the case can proceed to trial stage.

Opening statements are given by the public prosecutor who presents the governments theory of the case. Next the trial proceeds with presentation of evidence in the form of testimonials of witnesses and material evidence.

Adversarial process of justice 

This process is extremely important for establishing whether the evidence used is true or a product of lies or mistakes. Both parties know the truth but try to present a case favourable to them by lies,twisting facts or by mistakes in evidence. The adversarial system tries to remove false evidence so that the case is decided on actual facts. The process consists of constructive and destructive cross examination by the public prosecutor and defence advocate of witnesses.

  Crimes can be classified into result crimes,conduct crimes and object crimes . Homicides are result crimes for which evidence is required to prove the murderer and not the crime itself. Conduct crimes like conspiracy to murder,theft require the crime to be proved first through witnesses.Object crimes occur when a person possesses a forbidden object like drug’s,firearms. Here both crime and intent need to be proved depending on circumstances.

Ack: A laypersons guide to criminal law