What are the purposes of our criminal justice system? In your opinion, is one goal more important than another? 2. Can a criminal defendant be prosecuted twice for the same act?

QUESTION

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.
1. What are the purposes of our criminal justice system? In your opinion, is one goal more important than another?
2. Can a criminal defendant be prosecuted twice for the same act?
3. Define each of the following: white collar crime, the Sarbanes-Oxley Act, and RICO.
4. What is the Computer Fraud and Abuse Act?
5. 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

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ANSWER

The criminal justice system serves multiple purposes in society. Its primary goals include maintaining public safety, ensuring justice and fairness, deterring crime, rehabilitating offenders, and upholding the rule of law. These purposes work in conjunction to create a system that seeks to protect individuals and communities, hold wrongdoers accountable, and promote a just and orderly society. While all these goals are important, the relative importance may vary depending on individual perspectives. For example, some may prioritize public safety as the most crucial aspect, as it directly impacts the well-being and security of citizens. Others may emphasize the need for rehabilitation to address the underlying causes of criminal behavior and reduce recidivism rates. Ultimately, the balance between these goals is a matter of ongoing debate and societal values.

Generally, the principle of double jeopardy prevents a criminal defendant from being prosecuted twice for the same act or offense. This protection is rooted in the Fifth Amendment of the United States Constitution, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” The concept of double jeopardy ensures that individuals are not subjected to repeated prosecutions or punishments for the same crime, preserving the principles of fairness and preventing potential abuse by the government. However, there are exceptions to this principle, such as when a defendant’s actions violate both federal and state laws, allowing separate prosecutions at different levels of jurisdiction.

White collar crime refers to non-violent offenses typically committed by individuals or organizations in business or professional settings. These crimes are often financially motivated and involve deceit, fraud, or manipulation to gain unlawful financial benefits.

The Sarbanes-Oxley Act (SOX) is a U.S. federal law enacted in response to corporate accounting scandals, such as Enron and WorldCom. It sets standards for corporate governance, financial disclosure, and auditing to enhance the transparency and integrity of financial reporting by publicly traded companies.

RICO stands for the Racketeer Influenced and Corrupt Organizations Act. It is a federal law that targets organized criminal enterprises and provides enhanced penalties and civil remedies for activities such as racketeering, money laundering, and other forms of organized crime. RICO enables the prosecution and dismantling of criminal organizations involved in ongoing criminal enterprises.

The Computer Fraud and Abuse Act (CFAA) is a U.S. federal law that addresses various forms of computer-related offenses. It criminalizes unauthorized access to computers and networks, as well as activities such as hacking, identity theft, and the dissemination of malware or viruses. The CFAA aims to protect computer systems, networks, and data from unauthorized access, misuse, and damage.

A whistleblower is an individual who exposes or reports illegal, unethical, or wrongful activities within an organization or government entity. Whistleblowers play a crucial role in uncovering wrongdoing and promoting accountability and transparency. However, they often face conflicting ethical duties. On one hand, they have a duty to uphold the law and protect the public interest by reporting misconduct. On the other hand, they may encounter ethical dilemmas related to loyalty, confidentiality, and potential reprisals. Whistleblowers may face backlash, retaliation, or even legal consequences for their actions, which can create personal and professional challenges. Balancing their ethical obligations to expose wrongdoing with potential risks and consequences requires careful consideration and support from legal and ethical frameworks.

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