Current Trend in Criminal Law and Procedure - Essay Example

A Current Trend in Criminal Law and Procedure The criminal law or the penal law, which deals with the crimes that prohibits by the in its territory since it is harmful for the safety, security and well-being of its citizens. Breach of law that relates to crimes attracts punitive action by the court in terms of fine or imprisonment or both as the case may be. Criminal law and the civil law are two different laws according to its foundation to deal with the cases separately (Michael, 2009). If someone violates the criminal law, the criminal procedure takes it course against the violator to implement its writ.

In many democracies of the world wherein the criminal cases burden of proof lies on the shoulder of prosecution. In other words, it is the responsibility of prosecution to prove the guilt of a guilty person in the competent court of law. Contrary, the defense counsel proves that the alleged person is innocent and falsely implicated in the case by the investigation (Michael, 2009). In criminal cases defendant has the right to engage legal counsel to plead his / her case at his / her own expense.

In case of his / her inability to engage legal counsel, state has the responsibility to provide him the services of criminal lawyer to defend the allegations leveled against him by the investigation (Michael, 2009). In the United States of America, Federal Bureau of Investigation annually published crime report that contains committed crimes reported to the police by the victims. As per the published report, the crime rate in America in the years 2009 and 1964 was the same. However, the homicide rate was at its lowest ebb.

The financially weak, dejected persons and the disadvantaged areas were the breeding grounds for committing crimes (Michael, 2009). The state of Dallas is the best example of having one of the highest crime rates in America. The reported crimes in many other cities of America inclusive of Dallas relates to property crimes and violent crimes. Agreement between two or more persons to accomplish a task through illegal means or illegal action has been defined in the US law as conspiracy. If someone plans to rob a bank to raise funds for the welfare of the people is considered criminal conspiracy.

Secrecy maintained for execution of an illegal plan by the stakeholders comes under the purview of conspiracy. The Han Twins Murder Conspiracy case is a fit case for the mentioned definition where one of the twin sisters Jenna Han attempted to hire youths to get killed her sister in the year 1996 in California of United States. The defense counsel argued that Jenna had no intention to kill Sunny. She just wanted to intimidate her. Jenna was found guilty. She received capital punishment of 26 years in prison.

Three days after the verdict, Jenna committed suicide in her cell (Appeal from a judgment of the Superior Court of California, 2000). Jose Padilla, a US citizen known as Abdullah al-Muhajir convicted of aiding terrorists is another example of conspiracy crime. He was arrested in Chicago on May 8, 2002 on the charges of conspiring of plotting a radiological bombing attack. Until June 9, 2002, he was incarcerated since the former president of America branded him as number one enemy of United States of America.

Thus, in view the Americans he is not entitled to try in civilian courts. He was behind the bar for three and half years. As a result of pressure from civil societies, his case was transferred to a civilian court for trial. He was transferred to a Miami jail to face criminal conspiracy charges. The federal jury found him culpable of conspiring to take life of people and to fund and support foreign terrorists. The Padilla was awarded more than17 years in prison by the District Court (Anderson, 2007).

The Supreme Court heard the case of Rumsfeld v Padilla in April 2004. Later on the apex court dismissed the petition on technical grounds because a) improperly filed the case in federal court of New York instead of Carolina, where Padilla was actually being detained b) the petition naming the Secretary of Defense as the respondent instead of the Commanding Officer of the naval brigade who was Padilla's actual custodian for habeas corpus purposes (Sontag, 2007). The Court of Appeals for the Second Circuit is of the view that the President has no authority to order military detention of an American citizen captured on American land (Anderson, 2007).

In the case of Rumsfeld v Padilla, 542 U.S. 426 (2004), Padilla sought relief of the Supreme Court in a habeas corpus petition filed against Secretary of Defense Donald Rumsfeld by declaring his detention as unlawful (Sontag, 2007). The Supreme Court set aside the decision of Court of Appeals for the Second Circuit and allows Padilla to re file the petition (Anderson, 2007). References Anderson, Curt. (2007). "Judge: Lawyer Leaked Padilla Transcripts". Associated Press. Retrieved on September 11, 2011 from http://apnews.myway.com/article/20070124/D8MRU7PO0.

html Appeal from a judgment of the Superior Court of California. (2000). The Court Of Appeal of the State of California Fourth Appellate District Division Three. Retrieved on September 11, 2011 from http://caselaw.lp.findlaw.com/data2/californiastatecases/g023433.pdf Michael R. Rand. (2009). National Crime Victimization Survey: Criminal Victimization, 2008. Table 5. Bureau of Justice Statistics Bulletin. Retrieved on September 11, 2011 from http://bjs.ojp.usdoj.gov/content/pub/pdf/cv08.pdf Sontag, Deborah. (2007). "In Padilla Wiretaps, Murky View of ‘Jihad’ Case".

 New York Times.  Retrieved on September 11, 2011 from http://www.nytimes.com/2007/01/04/washington/04padilla.html?ex=1325566800&en=00f2006f4976bc08&ei=5088