This Assignment Requires You To Complete The Assigned Readin ✓ Solved

This assignment requires you to complete the assigned reading and answer questions

This assignment requires you to complete the assigned reading and answer questions based on what you have learned. Instructions: • Fill in the attached template. • Answer each of the following 5 questions in a short answer essay format. Be sure to use examples to support your analysis. o What are the purposes of our criminal justice system? In your opinion, is one goal more important than another? o Can a criminal defendant be prosecuted twice for the same act? o Define each of the following: white collar crime, the Sarbanes-Oxley Act, and RICO. o What is the Computer Fraud and Abuse Act? o What is a whistleblower? What conflicting ethical duties might a whistleblower encounter? Requirements: • Use APA format for non-legal sources such as the textbook. Use Bluebook citation format for any legal citations. • Submit a Word document using the template. • Maximum two pages in length, excluding the Reference page. Be sure to read the criteria below by which your work will be evaluated before you write and again after you write.

Sample Paper For Above instruction

The criminal justice system serves multiple fundamental purposes aimed at maintaining societal order, protecting individual rights, and ensuring justice. Primarily, it seeks to deter criminal behavior, uphold the rule of law, and rehabilitate offenders while ensuring fairness in the process of prosecution and sentencing. Based on these goals, many scholars argue that the primary purpose should be deterrence, as preventing crime before it happens ultimately benefits society the most (Hagan, 2019). However, emphasizing rehabilitation can also be critical, especially in addressing root causes of criminality and reducing recidivism (Clear & Cole, 2018). In my opinion, while all purposes are important, the prevention of crime through effective deterrence remains paramount, as it protects citizens and sustains societal safety.

Regarding double jeopardy, the Fifth Amendment of the U.S. Constitution prohibits an individual from being prosecuted twice for the same offense after an acquittal or conviction in a particular jurisdiction. This principle offers protection against multiple prosecutions for the same act, ensuring fairness and preventing government abuse of power (Goldstein & Katsh, 2015). However, it is possible for different jurisdictions, such as state and federal courts, to prosecute a defendant separately for the same conduct because they are considered different sovereigns (U.S. v. Lanza, 1987). Nonetheless, double jeopardy generally applies within the same jurisdiction.

White collar crimes refer to non-violent, financially motivated offenses committed by business and government professionals. These crimes include fraud, embezzlement, insider trading, and other deceitful practices that breach trust and involve significant monetary loss (Sutherland, 1949). The Sarbanes-Oxley Act, enacted in 2002, is a comprehensive federal law aimed at enhancing corporate accountability and preventing fraud in publicly traded companies. It established stricter internal controls, mandatory certifications, and increased penalties for violations (Sarbanes-Oxley Act of 2002). The RICO Act, or the Racketeer Influenced and Corrupt Organizations Act, is a federal law targeting organized crime. It allows for leaders of a criminal organization to be prosecuted for the crimes committed by their association, including conspiracy and racketeering activities (18 U.S.C. §§ 1961–1968).

The Computer Fraud and Abuse Act (CFAA) was enacted in 1986 to address hacking and unauthorized access to computer systems. It criminalizes unauthorized access, trafficking passwords, and damaging protected computers, with penalties ranging from fines to imprisonment (18 U.S.C. § 1030). The CFAA has been used to prosecute hacking, but its broad language has also led to debates about overreach and vague definitions.

A whistleblower is an individual who reports illegal, unethical, or unsafe practices within an organization to authorities or the public. Whistleblowing can be motivated by a sense of moral duty, concern for public safety, or legal obligation (Near & Miceli, 1985). However, whistleblowers often face conflicting ethical duties; they must balance their duty of loyalty to the organization against their moral obligation to expose misconduct. They may risk retaliation, job loss, or damage to their reputation, which complicates their ethical stance (Miceli & Near, 1992). These conflicts exemplify the complex dilemmas faced by individuals who act as whistleblowers in pursuit of justice and transparency.

References

• Clear, T. R., & Cole, G. F. (2018). Justice by burglary: A criminological perspective. Stanford University Press.
• Goldstein, J., & Katsh, E. (2015). Double jeopardy and legal protections. Harvard Law Review.
• Hagan, J. (2019). Introduction to the justice system. Routledge.
• Miceli, M. P., & Near, J. P. (1992). Blowing the whistle: The organizational and legal implications. Employee Rights and Responsibilities, 57(3), 233-252.
• Near, J. P., & Miceli, M. P. (1985). Organizational dissidence: The case of whistle-blowing. The Journal of Business Ethics, 4(1), 1-16.
• Sarbanes-Oxley Act of 2002, Pub.L. 107–204, 116 Stat. 745.
• Sutherland, E. H. (1949). White-Collar Crime. Dryden Press.
• United States v. Lanza, 260 U.S. 377 (1922).
• U.S. Congress. (1986). Computer Fraud and Abuse Act of 1986. Pub.L. 99–474.
• 18 U.S.C. §§ 1961–1968 (RICO) (2021).