Criminal Law Foundations Evaluation



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Criminal Law Foundations Evaluation

Introduction

The law is basically the system that govern by social institutions have responsibilities to provide guidelines and regulations. These Laws are created by the legislatures (Simpson, 2011). Criminal law is the form of law that is made for the crime. All the criminals are punished under the set of rules that are already defined in law. All the cases regarding criminology are evaluated by criminal law and then the decision will be taken against the person that involved in the case.

Discussion

4th Amendment

“Shall not be violated citizens' right to enjoy the personal safety of their home, their cards and their assets in the face of unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause supported by oath or by solemn declaration and precise description of the place to be searched and the persons or things to be seized stop.” (www.revolutionary-war-and-beyond.com).

Obtain a search warrant or seizure by a court is therefore rather difficult to police. In the case of Internet traffic or on the location of the cell, however, the police use different legal instruments, in particular the Electronic Communications Privacy Act of 1986, enacted when the Internet as we know it today did not exist: in this How can the authorities access to information about e-mail and cell phones suspect with relative ease, without having to reckon with the guarantees of the Fourth Amendment. Senator Patrick Leahy, Democrat of Vermont, said a few months ago that the measure which he wrote and presented is now "dated".

Using the ECPA, then the owner of the e-mail may never be aware of the inspection against him. The court order that allows it is almost always secret, and Internet service providers must provide the data is prohibited to alert the user (American government, 2012).

Many big companies are pushing internet services because the legal uncertainty is resolved so as to give more guarantees to users, while cases such as Appelbaum are attracting numerous judicial pronouncements and legal debate in the United States that has not yet been resolved. Confidentiality prevents even realize how often inspections are carried out in the e-mail account in 2009, Google revealed that in six months the Justice Department of the United States had asked 4601 times to access data of its users, and that the providers had to agree in 94% of cases (American government, 2012).

5th Amendment

“No one shall be held to answer for a crime, involving the death penalty, or that is otherwise serious, if not for the report or accusation made by a large jury, unless the case involves members of the land or naval forces, (americanhistory.about.com), or the militia in actual service in time of war or public danger, and no one shall be subjected twice for the same offense, to a process in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process, ...