Criminal Justice

Arrest Warrant Requirements

To be arrested, Police generally need to have an arrest warrant to do that. One of the biggest requirements to obtain an arrest warrant is, they must have probable cause. To show probable cause they must prove 2 things:

  • 1. A crime has occurred. is being committed, or about to be committed.
  • And
  • 2. The person arrested is/was/did commit the crime.

The exact technical procedures I am going to talk about are in Pennsylvania. Depending on where you live they could be a little different.

Requirements for the Arrest Warrant:

  1. It must be signed by a neutral Judge
  2. An affidavit(sworn statement) must be signed by the police. This will include specific facts.
  3. The name of the person to be arrested. Police must have the person’s name on a warrant.

If you are to be arrested in your home, the police need a warrant.

Exceptions to having an arrest warrant:

Exigent Circumstances- Where an officers need to take immediate action to arrest.

Potential Careers with a Bachelor’s Degree in Criminal Justice

Sometime’s people wonder “what can I do with my degree”? Today I am going to give some career options if you obtain a bachelor’s degree from an accredited college.

The most obvious choice would be a law enforcement officer. But it is not that simple. While some jobs in law enforcement require a bachelor’s some don’t. Some of the careers in law enforcement include:

  • Police Officers
  • Detectives and Investigators
  • Police Dispatchers

Another field of criminal justice is the court system. Some options could be:

  • Baliff
  • Prosecutor
  • Defense Attorney
  • Victim’s Advocate
  • Paralegal
  • legal secretary
  • Jury Consultant
  • Clerk

Some careers in Corrections can include:

  • Correctional Officer
  • Probation/Parole Officer
  • Forensic Psychologist

While a bachelor’s degree is not a guarantee, it is a great start into these fields.

Parts of a Crime

crime

 

Every crime must have 4 elements met to be considered an illegal act. These would be:

1. An Act

2. Criminal Intent or a guilty mind

3. The act and criminal intent has to come together

4. It must cause harm.

Definition of a crime is “An act or omission to act that violates the peace, or goes against the health, safety, welfare, and/or morals of fellow citizens, without justification or excuse, and is punishable by law”.

THE ACT

All crimes require a physical, voluntary act. Peoples thoughts are not crimes. You cannot be prosecuted because you are thinking about committing a crime. However, people’s words can be a crime(verbal threats). A crime must be done of your own free will, involuntary acts cannot be prosecuted.

 

CRIMINAL INTENT/GUILTY MIND

Crime is not done by accident. A crime has to intentional and reckless. There are 4 mental states of a crime:

1. Intentionally- You are doing it on purpose

2. Knowingly- You do something that a certain result will happen

3. Recklessly- A conscious disregard for a justifiable risk

4. Negligently- Should be aware, and fail to perceive that risk

 

When you have Criminal Intent and The act together you have the 3rd element of a crime. It is called concurrence, or bring it all together. Combined with these three you now have a harmful result.

Career’s with an Associate’s Degree in Criminal Justice

online-criminal-justice-schools

What Kinds of Criminal Justice Career Paths Are There?

Admit it, you’re a CSI fan, and watching that show has sparked your interest in a career in criminal justice. It’s okay – a lot of people see the intrigue of the criminal justice field in entertainment and want to know more about the real career opportunities that are out there. In fact, since the show started, there has been a huge increase in the number of applicants to Criminal Justice programs. It’s called the “CSI effect.”

The reality of the criminal justice field can be quite different than what you see on TV. That’s why it’s very important to get all the information you can before making a decision for your education – and your career. In fact, today, most career paths in Criminal Justice require at least an Associate degree. With the information and resources on this site, you can choose a path in criminal justice that matches your interests and abilities.

Careers in Criminal Justice:

Detectives and Private Investigators

In these roles, you can analyze and find facts about information pertaining to personal, financial, and legal matters. They can offer many services that range from protecting celebrities, verifying people’s backgrounds, investigating computer crimes, and tracing missing persons. Both private detectives and investigators have a minimal of college experience. However, many jobs that private detectives and investigators qualify for do not have actual educational requirements, and most of them learn on the job regardless. Previous work experience in investigative work is very helpful, and private detectives and investigators need a license to practice in most states. Depending on the case, private detectives and investigators can work in a variety of environments. Some can spend their time performing surveillance or conducting interviews, while others spend their time in offices making phone calls and conducting computer searches.

Police Officers

Police officers can also become criminal investigators and detectives, who sometimes are called special agents or agents, and they collect evidence and gather facts of possible crimes. Depending on the type of organization and size, law enforcement officers’ duties vary. The education requirements in order to become a police officer range from a typical high school diploma to a college degree. Additionally, before getting on-the-job training police officers must graduate from their agency’s training academy. Candidates must be at least 21 years old, be U.S. citizens, and meet a variety of personal and physical qualifications. Police officers work in an environment that can be dangerous, physically demanding, and stressful. Police officers have one the highest fatalities and on-the-job injuries.

Paralegals

Paralegals help attorneys in every part of the legal profession- from summarizing legal precedent to drafting motions. Paralegals, like lawyers, can enter a number of types of law, such as family, criminal, immigration, and corporate. Their legal involvement in cases depends on their employer. Some have restricted and narrow roles and others have a high degree of autonomy and responsibility. The best paralegals work behind the scenes and are team players.

There are no stringent educational requirements for becoming a paralegal. Some have an associate’s degree in paralegal studies, while others have a bachelor’s degree and obtain a certification in paralegal studies after they graduate. Certification programs provide an intense introduction to the paralegal field, and they typically only last for a few months. Before enrolling in any type of paralegal program, a candidate should know the placement rate of people who have recently graduated. Additionally, completing an internship program can lead to hiring and more on-the-job training.

Probation Officers

A probation officer’s main job is to work with offenders that have been sentenced on probation and will not go to prison for their crimes. Probation officers write reports on various criminals to help the judge or courts decide sentencing and what level of probation the criminal is going to receive. In order to become a probation officer, candidates must receive a bachelor’s degree from an accredited college. Getting a bachelor’s degree in criminal justice, corrections, social work or psychology is preferred. In order to receive federal and higher positions, candidates might be required to have a master’s degree in counseling, criminal justice, social work or a related field.

The majority of departments require candidates to not have a felony on record, be at least 21 years of age, and to have strong interview and writing skills. Having computer skills have also become necessary since there have been major technological advances to the field. Some states can also require probation officers to have at least two years of experience in correctional treatment or corrections parole.

Correctional Officers

The job of a correctional officer is to oversee individuals who have been arrested for a crime and are currently awaiting trial or who have been sentenced to serve time in a reformatory, prison, or jail. To become a correctional officer, candidates must go through a training academy and then they have to go through on-the-job training via a facility. While qualifications vary from agency to agency, all of them at least require a high school diploma or equivalent. Some can require additional work experience or college education. The work environment for a correctional officer can be hazardous and stressful. While working with inmates, correctional officers can be injured and they have one of the highest rates of overall injuries.

Career Outlook

The career outlook for criminal justice graduates is increasing every year. Various available positions come from a broad spectrum and employees are required to have a variety of educational and professional backgrounds. From paralegals and lawyers who are working in a law office to police officers who are protecting people and property, the available roles in the criminal justice field are unlimited. Criminal justice careers are also very resilient during a suffering economy and many jobs benefit from tough economic conditions.

To technology and travel, healthcare to hospitality, within the both private and public sectors of almost every industry, criminal justice professionals are in very high demand. As technology continues to advance and continue to change many aspects of everyday life, there is going to be an increase for criminals to find opportunities to steal from unsuspecting victims, thus creating more opportunities for the criminal justice field. The field is not limited to the stereotypical private detective sitting in his car or the stereotypical police officer. Currently the jobs available in the criminal justice sector range from forensic scientist, insurance investigator, detective, legal consultant, criminal pathologist, and many careers surrounding the identity protection sector such as fraud investigator.

Various criminal justice careers offer their employees health insurance and vacation time, but the amount is dependent on the employer. Additionally, most criminal justice careers require a variety of hours and graduates can be expected to make at least $45,000 salary wise.

Career Trends

The biggest trend that is happening in the criminal justice sector is the rise in technology. There is currently a significant need for various criminal justice professionals to understand, incorporate and embrace technology. Technology is not going to disappear from society any time soon, and it is going to play a significant role in society. In terms of the criminal justice system, technology will influence those who are entering the system on how they are caught, processed, and identified.

In addition, technology will have a huge impact on cybercrime and cyber security. To combat increasing cybercrime, there is going to be a major increase in people getting cyber security degrees. Cyber security degrees offer specific courses on computer network security and it prepares students for careers as computer analysts, forensic network analysts, and many other network security jobs. While cyber security degrees are a fairly recent development, they do provide a specific skill set related to the maintenance of security protocols on various computer networks and investigation of intrusions. Job growth is expected to exceed the national mean, and salaries are going to be higher than average.

While the benefits of technology are certainly obvious; however, technological changes have created new ways for criminal behavior and there is going to be a continued need to address various computer-based crimes.

Post Conviction Process in Pennsylvania

This post is a continuation from my last post. After conviction comes sentencing. But before sentencing can occur the judge receives a pre sentence report from the Probation Department. This report contains all kinds of information on the defendants prior criminal, social, family, financial backgrounds. It will include recommendations on the sentence, whether probation should be given, if there is a prison sentence what the minimum should be for parole. It will also include any recommendation for alternate housing where the defendant can work during the day, but come back at night. The defendant will have to pay the state for this. Now the sentence will be handed down, anything under 2 years will be served in county jail and anything over 2 years will be served in state prison.

Next is Appeal. The appeal starts at the trial court which is usually the Court of Common Pleas, where the judge will review the law and facts of the case. If unsatisfied, the defendant can take his appeal to the Pennsylvania Superior Court, where they can grant or deny the appeal. The final step in Pennsylvania is the Pennsylvania Supreme Court, they are the law of the land in this state.

I hope you have a better process on the arrest to appeal phase now.

Thank You

James Yoke