Explanation of Criminal Justice Essay
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Explanation of Criminal Justice Essay
Explanation, Criminal, Justice, Essay
In criminal law, evidence refers to the assertions of fact or material items that may be presented before a court of law to ascertain the truth regarding any alleged matter under investigation or prosecution. Evidence is used to prove or deny a crime and can be presented either by the litigator, prosecution, or the accused person in their defense (Gardiner, 2018).
The critical prerequisites of evidence admissibility before a court or tribunal are competence, materiality, or relevance. Evidence can be real, documentary, testimonial, or demonstrative, and it is only considered material if it can be used to prove a relevant fact (Gardiner, 2018).
For example, suppose an individual was present when a motor accident occurred and fatally wounded a pedestrian. In that case, his testimony is relevant because it can be applied to prove the culpability of the motorist.
By contrast, if the witness testifies that he witnessed the accident while on his way to the office, that part of his testimony may not be relevant as it is not useful in proving the facts of the accident.
Search warrants are vitally important when the police want to collect evidence from a place where they suspect or believe that criminal activity has occurred or is occurring. Once the police have presented affidavits with the request and relevant reasons, the magistrates evaluate them and, if merited, grant the warrants. Typically, warrants are specific (Gardiner, 2018).
For example, the warrant could authorize the police to search “House number 12, ABC place, along Westwood drive”. The inference is that the warrant does not grant the police arbitrary authority to search premises not specified in the warrant.
There are many incidences where a warrant is not necessary when collecting evidence. For example, a man suspected of sexually defiling a woman will be presented to the hospital for the extraction of semen, which will be used to match DNA samples with those from the victim.
Similarly, in the case of a homicide, detectives do not need a warrant to visit the scene of a crime and lift fingerprints, collect samples, and scan the scene for different forms of evidence. Also, they do not need a warrant to collect eyewitness accounts from witnesses who were present during the commission of the crime.
Similarly, if there is a domestic disturbance where spouses are fighting at night and neighbors call the police, the police do not need a warrant to enter the house as long as the owners grant consent.
Police and investigators need search warrants when collecting evidence from a person’s home, office, or other personal premises. A warrant is also necessary when searching one’s bank accounts and statements (Gardiner, 2018). In such cases, the warrant serves as an authority by the court to the police or investigators to search for specific materials or objects at a definite location.
For example, suppose a government official is under investigation for corruption, money laundering, and theft of public funds. In that case, the court may give authority to the investigators to search their house, offices, and other dwellings for any documents, cash, data, gadgets, or records that may be useful in prosecuting the matter.
Similarly, the court could grant a warrant authorizing access to all bank accounts that the suspect holds. When the investigators present the bank (s) with the warrant, they can be issued bank statements and any other exclusive information they may need as documentary evidence.
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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