Overview:
This assignment requires you to complete the assigned reading and answer questions based on what you have learned.
Instructions:
• Answer each of the following 5 questions in a short answer essay format. Be sure to use examples to support your analysis.
o What are the purposes of our criminal justice system? In your opinion, is one goal more important than another?
o Can a criminal defendant be prosecuted twice for the same act?
o Define each of the following: white collar crime, the Sarbanes-Oxley Act, and RICO.
o What is the Computer Fraud and Abuse Act?
o What is a whistleblower? What conflicting ethical duties might a whistleblower encounter?
Requirements:
• Use Help write my thesis – APA format for non-legal sources such as the textbook. Use Bluebook citation format for any legal citations. • Submit a Word document using the template. • Maximum two pages in length, excluding the Reference page
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The Criminal Justice System
Name
Institution
The Criminal Justice System
o What are the purposes of our criminal justice system? In your opinion, is one goal more important than another?
Criminal law serves the society and it has numerous benefits for the society. One of the main purposes of criminal law is the maintenance of law and order. The criminal justice system has laid down laws that make it predictable. People know what to expect when they break specific sections of the law (Benson & Harbinson, 2020). Without the criminal justice system, the society would be unable to deal with the uncertainty and chaos. The criminal justice system is also serves the purpose of resolving disputes and conflicts among the quarreling citizens. The system provides a way to deal with the grievances.
The criminal justice system also protects lives and property. The law shields individuals from criminals with the capability to inflict harm are taking away their possessions. Many societies are capitalistic in nature and they encourage individuals to work hard for what they want to own (Heinonen, Spink & Wilson, 2017). The criminal justice system also ensures that the society is operating smoothly. The law enforces the collection of taxes, controlling pollution and other accomplishments that are beneficial for the greater good of the society. The criminal justice system also safeguards the liberties of individuals. The purpose of maintaining law and is the most imperative in my opinion because all the other purposes fall in place when there is law and order.
o Can a criminal defendant be prosecuted twice for the same act?
One of the main protections in criminal defense is double jeopardy rule. The law appears on the Fifth Amendment of the United States Constitution. The rule prohibits prosecution for the same crime more than once (Benson & Harbinson, 2020). The prosecution cannot take up the same crime for another trial against the same individual after acquittal or prosecution. The law also prevents multiple punishment for the same acts of crime. However, the law allows double jeopardy when it acquires new evidence proving the guilt of the defendant after acquittal.
o Define each of the following: white-collar crime, the Sarbanes-Oxley Act, and RICO.
A white-collar crime is financially motivated illegality committed by government or business professionals that is not violent. It is a crime committed by individuals with high status in their occupations.
The Sarbanes Oxley Act is a legislation passed by the United States Congress in 2002. The law protects investors from fraudulent corporate financial reports (Benson & Harbinson, 2020). The law facilitated significant reforms in the regulation of securities and imposed tougher penalties for the lawbreakers.
Racketeer Influenced and Corrupt Organization Act (RICO) facilitates more penalties and civil action causes for individuals who perform acts as a part of criminal organizations. The Act has an emphasis on racketeering and it paves the way for syndicate leaders to face trial for crimes that they facilitated.
o What is the Computer Fraud and Abuse Act?
The Computer Fraud and Abuse Act is an amendment of the computer fraud law. The law bans accessing computers without the exclusive authorization by the owner (Heinonen, Spink & Wilson, 2017). The enforcement computer crime was inefficient before the law because prosecutors relied on the mail and wire fraud Act.
o What is a whistleblower? What conflicting ethical duties might a whistleblower encounter?
A whistleblower is an individual that exposes hidden activities or information pertaining public and private organizations that is unlawful or unethical (Heinonen, Spink & Wilson, 2017). The information on alleged wrongs can be a violation of the policies of the company, regulations or the law. Whistle blowers have the option of making the information public or using the internal mechanisms of the entities. One of the conflicting ethical duties of whistleblowers is the disruption of the hierarchical structure in organizations.
References
Benson, M. L., & Harbinson, E. (2020). Gender and criminal thinking among individuals convicted of white-collar crimes. Criminal Justice Studies, 1-15.
Heinonen, J. A., Spink, J., & Wilson, J. M. (2017). When crime events defy classification: The case of product counterfeiting as white-collar crime. Security Journal, 30(2), 621-639.
