Criminal justice

Description

please respond to Kamal

The best way I can describe why criminal offenses are defined in the penal code by individual elements is so that there isn’t any confusion if the laws meaning and to ensure good understanding of what crimes have been committed by a person in court proceedings. Penal codes helps in court because when someone is charged of a crime a prosecutor must prove each element of a crime beyond a reasonable doubt In order to shoe a defendant’s guilt in a crime. this kind of approach to how criminal law and crimes are handles can prevent arbitrary prosecutions and can make sure that a defendant is only trying to be punished for things clearly defined in a penal code. And some examples can be shown of how a penal code works and for someone to be charged with violating it, an example I can think of is Penal Code 459.5 which deals with shoplifting for someone to be charged with the misdemeanor crime of shoplifting a prosecutor would have to prove that the defendant violated the parameters of the penal code by entering a business during normal operations hours with intent to steal merchandise from the store valued at 950$ or less. 

When it comes to what a presumption is in the world of law It is when an assumption is made by a court that something is true until it can be proven otherwise. I think the presumptions are necessary because they can help legal actions in court go much quicker and smoother than the otherwise would without presumptions by showing things as answers or proof until they can be disproven by other evidence. Presumptions are very important in the legal system especially when it comes to ensuring that justice is served fairly. One of the biggest presumptions in our legal systems Is that a defendant is presumed innocent until they can be proven guilty of a crime beyond a reasonable doubt in the courts mind, presumptions can help make sue that people are not unjustly charged with crimes they didn’t commit but they can also help ensure that people who committed terrible crimes do not go free and get the punishment they have coming.

There are many differences between the different types of presumptions and what each of them mean. When it comes to a rebuttal presumption it essentially means that it lets someone to introduce evidence that goes against a different presumption that has already been made. an example I can think of for this would be when it comes the customer of that someone is presumed innocent in trial until proven guilty by evidence provided by the opposing side. An irrefutable presumptions is a type of presumption that is accepted as fact or that something is true and cannot be disproven by anything. A good example of this is that when a child is under a certain age they are unable to commit a crime or cannot commit a felony and this fact cannot be rebutted. A permissive presumption Is a presumption that can allow but doesn’t require the judge or jury to think of something as true based on certain things brought up in the trial. An example I can think of is something like a traffic volition of, maybe running a red light cam or getting a parking ticket for parking somewhere that is not allowed, the permissive presumption could be that the registered owner would be the one at fault for the vision since it is there car but a judge could also choose to make a different presumption on the situations based on certain circumstances like if the owner of the car says it wasn’t them driving the car but a friend they lended it to and that they are not at fault. The judge could then ether stick to the previous presumption that the registered owner is at fault or with the new information provided by the owner presume that someone else is possibly at fault instead.