Crimes against Administration of Justice

Crimes against Administration of Justice

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Crimes against Administration of Justice

The administration of justice is the method through which the legal system of a government is implemented. The apparent goal of administration of justice is providing justice for all the individuals who are accessing the judicial system Administration of justice crimes are a particular type of degradation of the law, which is mostly committed when pre-trial situations or the verdicts from a prior conviction are defied. It encompasses failures for example of not appearing in court, not conforming to the conditions of discharge as well as defying a court order. The crimes that typically fall in this category have similar consequences as well as penalties as other delinquencies, including the jail time and fines (Neubauer & Fradella, 2018). These crimes against are intended to sustain the efficaciousness of the judicial progression, hence consenting the stream of justice to run unimpededly.

Emergencies personnel, for example, police, firefighters, and nurses among others contribute a lot in the society mainly through saving the lives of many individuals. However, they are faced with some challenges while in the course of their duties, for example, they are frequently attacked by some individuals where they are even injured or killed. Therefore the introduction of laws that guard this kind of personnel is vital since in most states there exist no clear rules for them. Those individuals who typically assault or attack the emergency workers should face severe punishments like facing long jail terms (Bachman & Paternoster, 2016). For example in the United Kingdom under the new law, the prison sentences have been doubled for the individuals who attack the emergencies service workers. This is regarding the study which was carried out in the pas tone year whereby more than twenty-six thousand attacks against the police officers in England was reported. Moreover, in Wales, a total number of seventeen thousand cases of assault on the National Health Service staff was recorded. According to the introduced laws, it will be a criminal offense to assault emergency workers, and the concurrent six-month sentence for the common attack will be doubled to a full year.

According to the recent studies attacks on prison officers upsurged by seventy percent in the span of three years to 2017, and an eighteen percent upsurge experienced by the firefighters in the previous two years. Administration of justice entails peace maintenance plus order within a political community through the applicable methods of physical force of the state (Cole et al., 2016). The administration of justice in all sectors is vital since it provides uniformity, certainty, justice, security and impartiality in different groups in the society. Therefore there is the necessity of proper administration of justice in all sectors. There various crimes against the administration of justice and emergency services and their penalties include the following;

Obstruction Of Justice of a Judicial or Policing Official

An individual commits this type of crime when he or she applies physical force or uses some intimidations and threats to interfere with the duties of judicial or policing officials. Both the United Nations Convention against Transnational Organized Crime in the Article 23as well as the United Nations Convention against corruption in the Article 23 recognizes this criminality and thus encourages the state parties to introduce this offense in Article 194 into the national criminal regulation. Article 193 penalizes obstruction through corruption plus intimidation. However, the essentials prerequisite for a verdict on an obstruction of justice charge may vary slightly through code section. For example, prosecutors must demonstrate the following features for a sentence under selection 1503 of the federal act: firstly, there existed an imminent federal judicial proceeding, then the offender was aware of the proceeding, and finally the offender had an immoral intent to obstruct or in one way or the other interfered with the proceedings(Cole et al., 2018). The offense of obstruction of justice is also efficiently addressed by the State codes, but it inclines to emphasis more on the activities which interfere with the daily operations of the police. To explain this is the example of Florida whereby there is a section of Florida’s obstruction of justice code which proscribes the illegal ownership of a concealed handcuff key. Correspondingly, in California, the law makes it a criminal offense to deliberately interrupt, resist or obstruct emergency personnel or an officer while they are in the line of their work obligations. The statute contains the precise acts of prying with the radio communications done over a common safety radio frequency plus also taking a police officer’s firearm. The states analyze and observe the obstruction of justice, in some different methods. Florida’s state laws, for example, outline numerous definite acts, whereas others are much more extensively written.

Alteration or Destruction of Evidence

An individual commits the criminal offense of alteration or obliteration of evidence when he or she inclines to terminate the evidence introduced, or expected to be presented in the judicial proceedings. The legal proceedings comprise of prosecutions of criminal offenses and also the pretrial hearings before a judge. The burden of instituting all the features of the crime to prove that an individual has committed the offense lies in the hands of the prosecution. Each of these exact features of the offense has to be shown beyond a reasonable doubt for a conviction. The basics elements of tampering with evidence comprise intent, knowledge, evidence, and awareness of a potential or pending investigation. Some of the actions which can activate evidence interfering charge include altering or destroying a thing or an item with the motive of hiding the truth or creating a piece unattainable for a proceeding or inquiry. Evidence destruction or tampering can thus be charged as malfeasance or a felony (Siegel & Worrall, 2018). The kind of the purported actions which an individual has committed will define the level of punishment. However, this will be according to the laws of the state in which the prosecution is taking place. A verdict may include the combination of state prison for up to twenty years for felony evidence tampering. Also, an individual may be ordered to pay as much as ten thousand dollars on a state conviction. The federal sentencing may comprise some fine as well as up to twenty year’s imprisonment.

Failure to Respect a Court Order

An individual commits this crime when he or she is in the process of judicial proceedings fails to recognize an absolute command of the court or fails to observe with an obligation made to a court. An order of the court may be given orally throughout the court proceedings, or it might be under a directive to a witness, an adept witness or the suspect to appear to the law court. Moreover, it can take the method of an order which has been approved under a motion of the defense or the prosecutor or a warrant which has been given due to the request of the prosecutor or the police. Thus in the case where an individual disrespects any of these orders, he or she is thereby liable for trial according to Article 197 (Neubauer & Fradella, 2018). The applicable penalty for an individual who has committed this offense is one to five years imprisonment. Also, the court may enforce some fines as an alternative principal penalty, upon the failure of the individual to respect an order of the court.

Probation Violation

The probation violation is a crime that occurs when an individual disrupts the terms or conditions of their probation. The penalties related with probation violation typically depends on a range of aspects, for example, the nature plus seriousness of the violation, whether an individual has any previous violations, besides whether other situations that may diminish the strictness of the condition. The abuse of the probation may result in hefty penalties, for instance, extended probation, hefty fines or even jail time among other penalties. The laws of probation may differ amongst the states, besides they are governed state and federal law. There exist many diverse ways in which the probation might be violated (McCloskey & Levinson, 2016). The circumstances which may result in a violation of probation include an individual not availing himself during a scheduled court session on a fixed time and date. The other one is refusing to pay any required fines or payment as ordered by the court.

Perjury

According to the description of perjury laws, it is an offense to lie under oath or meaningfully making an untrue statement on a police report. Perjury is reflected as a crime against justice, for lying under oath compromises the power of courts, public officials, grand juries plus governing bodies. There exist different ways in which individuals could perjure themselves. However, the crime is done either in declarations completed under oath or in the ones signed in documents. The federal plus state penalties for perjury comprises of fines or some imprisonment after conviction. For the federal law, for instance, it states that any individual who is found guilty of the perjury crime ought to be penalized or face imprisonment of up to five years (Siegel & Worrall, 2018). There are similar provisions in most state laws, and thus it is the judges who classically have the preference to practice leniency where applicable.

False Testimony and Evidence

This type of administration offense is committed when an individual presents some false assertions in the judicial proceedings where he or she is mandated to tell the entire truth. According to the norms of the courts, an accused individual who is on trial is not accountable for the false testimony offense whereby he or she provides testimony without an oath. It is allowable in the United Nations Code under section 1746 of title 28 under the penalty jury that any individual under oath who provides any substantial false declaration should be convicted (McKay, 2017). Moreover, if the individual applies any other material, for instance, any paper, document, recording, book or any other material assertion while knowing very well that it contains some substantial false declarations should be penalized under this title or restrained for not more than five years. Consequently, this section is appropriate whether the activity happened within or outside of the United States.

As described above there exist several crimes against the administration of justice as well as the emergency services. Hence it is vital to observe and implement accordingly the criminal justice system whereby criminals and crimes will be recognized, arrested, judged and finally punished. This will result in stability, law, and order where every group, for example, the emergency services personnel will be respected.

References

Bachman, R. D., & Paternoster, R. (2016). Statistics for criminology and criminal justice. Sage Publications.

Cole, G. F., Smith, C. E., & DeJong, C. (2016). Criminal justice in America. Nelson Education.

Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice. Cengage Learning.

McCloskey, R. G., & Levinson, S. (2016). The American supreme court. University of Chicago Press.

McKay, D. (2017). American politics and society. John Wiley & Sons.

Neubauer, D. W., & Fradella, H. F. (2018). America’s courts and the criminal justice system. Cengage Learning.

Ortmeier, P. J. (2017). Introduction to security. Pearson.

Siegel, L. J., & Worrall, J. L. (2018). Essentials of criminal justice. Cengage Learning.