Origins of American Criminal Law Research Paper Example | Topics and Well Written Essays - 750 words

Origins of American Criminal Law - Research Paper Example With the development of criminal law in the 20th century, Jurisprudence in America distanced itself more from the common law concept that a crime was made up of two elements; a guilt mind and deed. The obligation of an act is one that is proof of a choice made, yet choice is what introduces the state of mind. In an attempt to make the criminal law more predictable and uniform, legal theorists and judges had to marginalize the principle of â€Å"intent.† This group sought to shape lines between civil law and criminal law by limiting, or doing away with some requirements. The Fifth Amendment of the U.S Constitution The Fifth Amendment originated from the whole Bill of Rights, US Constitution’s first ten amendments. Individuals who met in their States to approve the Constitution thought that the federal government might go beyond its powers. This amendment provides that no individual shall be held answerable for capital or renowned crime, except on an indictment or present ation of a grand jury, in exception of cases resulting from naval or land forces, or in the army, during actual service in public danger or time of war. No person shall be subjected to a similar offense to be placed in jeopardy of limb or life; nor be bound in a given criminal case to witness against himself, nor be deprived of property, life, or liberty, without due process of law. Private property shall not be taken to be used publicly with no just compensation (Scheb, 2011). It was important for the Fifth Amendment to be included to protect citizens from self-incrimination. It protects both the innocent and the guilty individuals who may find themselves in incriminating conditions. The right has vital implications especially for police interrogations, a mechanism that the police use to get evidence through confessions from suspects. Powers granted to the federal government versus those granted to state governments to make criminal laws Articles one to six of the American Constitu tion restrict some state powers and define Federal powers. Only the Federal government can declare war, govern some tribes, and raise a navy or armies, and coin money. The Tenth amendment gives powers to the state governments by stating that powers not given by the Constitution to the US, nor forbidden by it to the states, are set aside for the States or to citizens. States are entitled to pass laws that protect the economic, safety, and health of its citizens. The specification in these powers was to reduce the fear that central government would be too strong to bear, thus moving ratification along, states were given some powers to ignore or take actions if the Constitution of Federal laws went too far in making laws. Definition and comparison of the four main goals of the criminal justice system The criminal justice system is the system that enforces law, corrections, the judiciary, and trial that directly involves apprehension, defense, prosecution, supervision, and sentencing of suspects or people with criminal offense charges. The objective of the criminal justice system is to ensure justice for all, through punishing and convicting the guilty and to help them stop offenses, but at the same time protecting those who are innocent (Jones & Johnstone, 2011). The major goals are distinctive but work hand in hand. It aims at improving the efficiency and effectiveness of the system to bring offenses to justice. While doing this, the public should be confident enough in the fairness of these services. Victim satisfaction with the police should be increased, but at the same time, the CJS should increase witness and victim satisfaction. All the goals are collectively met through a consistent collection, evaluation, and good use of quality ethnicity information to spot and address race dispropotionality in the Justice system. Police power and its limitations Police power may be used to refer to the powers granted by the constitution to the States to govern, adopt, make, and enforce