crime essay legal studies

Essay Plans For Crime

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How effectively does the criminal investigation process balance the rights of victims, offenders and society?

To what extent do legal and non-legal measures in the criminal justice system encourage compliance? How effective are police in reflecting moral and ethical standards?

Intro: The criminal investigation process is somewhat effective in balancing the rights of all groups in society, including victims, offenders and the greater population. Due to the conflicting interests of the parties, the goal of justice, which the investigation process observes, can be lost in translation, leading to a lack of civil liberties and misunderstandings of the roles of law enforcement. Recent law reform regarding strip searches, bail laws and covert searches all contribute to the balance or unbalance of the rights of the individual and how society enforces these rights. Search and Seizure (strip) Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) s31 NSW police minister defends strip-searching children, The Guardian, 2019 Watchdog recommends NSW police apologise to strip-search victim, SMH, 2020 The balance between the rights of the individual and the powers of law enforcement regarding strip searches has not been effectively observed by the criminal investigation process (CIP) in recent years. A key power of police in preventing crime, as set out by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), is the power to search someone and seize illicit items that could harm greater society. However, as a 2019 Law Enforcement Conduct Commission Inquiry highlighted, many officers are overstepping their powers, namely when it comes to underage persons at large events. This inquiry came after 122 underage girls were searched in 2019 at public events, with over 63% searches turning up no illicit substances. These searches, which involve a complete strip and, in some cases, a ‘squat and cough’ (The Guardian, 2019) are incredibly invasive, a complete overrule of an individual’s right to privacy and bodily autonomy. The Redfern Legal Centre, who called for “a ban on minor strip-searches, unless court order is obtained” (SMH, 2020), highlight that current legal thresholds are inadequate in protecting the rights of the individual when it comes to search and seizures, no matter the benefit to greater society if illicit drugs are found. Bail/Remand Laws Bail Amendment Act 2013/2014/2015 Tough Bail laws come as a cost to the innocent, SMH, 2020 Monis Case 2014 The goal of justice and subsequently the balancing of rights is achieved to a certain extent in regard to bail and remand laws over years of amendments. The original Bail Act 1978 (NSW) became “too difficult to comprehend and navigate”, as former attorney general Greg Smith stated (SMH, 2012), highlighting the lack of justice achieved; not only was the Act too strict, based on charge and not individual circumstance, but it also allowed for NSW prisons to become intensely overcrowded. This led to the Bail Act 2013 (NSW), which aimed to protect the rights of the alleged offender instead. However, this did not balance the rights of society, exemplified in the case of Man Monis (2014), who was released on bail and was thus, allowed to hold the Sydney siege, a ‘bloody stain’ (SMH, 2020) on Australia’s history. A new amendment, coming into legislation in 2014, then tightened the bail laws, pushing for a presumption against bail in many cases. This again, did not balance the rights of all parties in society, with BOSCAR reporting that in 2019 alone, 21 children and 200 adults, who were later found innocent, were denied bail and held on remand for an average of 124 days (SMH, 2019). This clear shift to the presumption in favour of protecting the community over protecting the innocent raises questions of the fairness and equality of the bail system, and the strides yet to be taken.

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Michael Cohen testifies in Trump hush money trial

By CNN's Kara Scannell, Lauren Del Valle and Jeremy Herb in the courthouse

Key takeaways from Michael Cohen's first day of testimony

From CNN's  Jeremy Herb, Lauren del Valle and Kara Scannell

Michael Cohen implicated his former boss  Donald Trump  in the hush money scheme to pay Stormy Daniels just days before the 2016 election, saying he doled out $130,000 at Trump’s direction and was promised reimbursement.

Cohen’s testimony ties together the prosecution’s allegations that Trump broke the law by falsifying business records to reimburse Cohen and conceal the hush money payment that Cohen said he made at Trump’s direction. Trump has pleaded not guilty and denies having an affair with Daniels.

Here are some of the key takeaways from Cohen's first day on the stand:

• Cohen ties Trump to the Daniels hush money payment: Through roughly five hours of testimony Monday, Cohen walked jurors through how he worked with former National Enquirer editor David Pecker on Trump’s behalf during the 2016 campaign to kill negative stories; how he kept Trump apprised of his hush money negotiations with Keith Davidson, the attorney for Daniels and former Playboy model Karen McDougal; and how Trump approved and was aware of how Cohen would be falsely repaid in 2017 for the Daniels payment as legal services.
• Cohen ties the hush money reimbursement to Trump, too: Trump is charged with 34 counts of falsifying business records – 11 invoices, 12 vouchers and 11 checks – records that prosecutors say stem from the monthly reimbursements Cohen received in 2017 for the hush money payment he made to Daniels. On Monday, jurors heard through Cohen for the first-time evidence directly connecting Trump to those reimbursements.
• Cohen describes being Trump’s protector: As Cohen described each media story he killed and nondisclosure agreement he locked down ahead of the 2016 election, it was always in the name of protecting Trump. When it came to the settlement agreement with Daniels, Cohen said he kept control of a document revealing the identities of “David Dennison” and “Peggy Peterson” so that he could protect Trump. And he testified that he used the Essential Consultants LLC to facilitate the payment to Daniels “to protect him and to isolate him from the transaction.” Hoffinger asked Cohen whether he would sometimes bully people. Cohen confirmed he would.

Cohen is expected back in court tomorrow

Donald Trump's ex-attorney and fixer  Michael Cohen  took the stand today to testify about the  Stormy Daniels hush money payment  and Trump's  alleged involvement in the scheme .

He's expected to face more questions tomorrow. Court proceedings are expected to resume at 9:30 a.m. ET.

Michael Cohen took the stand as a key witness in Donald Trump's hush money trial. Here's what he said

From CNN's Elise Hammond

Michael Cohen took the stand on Monday in Donald Trump’s hush money trial in New York.

When he was Trump’s personal attorney, Cohen made the $130,000 payment to adult film actress Stormy Daniels before the 2016 election. He landed in federal prison  over that transaction for breaking campaign finance laws. 

Through previous witnesses’ testimony, jurors have already heard plenty about Cohen. They have painted an unflattering portrait of an aggressive, impulsive and unlikeable attorney. The former “fixer,” now a critical witness , testified about the payment and Trump’s alleged involvement.

Here’s a look at what Cohen said on the stand today:

• Relationship with Trump: Cohen said he worked directly for Trump , not the general counsel's office at the Trump Organization. He said working with the press was a “portion” of his job and would sometimes call news outlets and ask them to redact or take articles down. Cohen testified that it was required for him to keep Trump updated about his work.
• On the presidential run: Cohen said Trump was worried about stories about his personal life coming out as he weighed a run for president, with Trump saying, “Just be prepared there’s going to be a lot of women coming forward,” according to Cohen. He testified that he didn’t have a formal role in the 2016 campaign, but he used his press contacts to be a surrogate .
• The doorman story: Cohen said he learned about the doorman story circulating about Trump having fathered "a love child” and testified Trump told him to “handle it.” He confirmed that the strategy was to take the story “off the market” for $30,000, and Trump was grateful it wouldn’t be published. Cohen said he went to Trump to tell him the agreement was completed , as well as to get credit for executing it. 
• Karen McDougal: He said Trump told him to make sure the story about former Playboy model Karen McDougal didn’t get released, which he believed meant acquiring it . Cohen recounted a call with Pecker and Trump about the story. When Cohen told Trump the cost of controlling the McDougal story, Cohen testified Trump said, “No problem, I’ll take care of it.” Later, David Pecker, former CEO of the National Enquirer’s parent company, spoke to Cohen and insisted on being reimbursed .
• "Access Hollywood" tape: When he learned about the video , released by the Washington Post, Cohen said he wanted to "ensure" things were being taken care of properly and that Trump would be protected . He testified that it was Melania Trump’s idea to say the language in the video “was locker room talk.” Cohen recalled thinking the tape would impact women voters.
• Stormy Daniels: When he initially told Trump about the Stormy Daniels story, Cohen testified that Trump said, “Women are going to hate me” and that it would be “a disaster for the campaign.” Cohen said his former boss told him to work with Pecker to “take care of it.” As the agreement unfolded, Cohen said he kept Trump informed on the deal with Daniels.
• Timing of Daniel’s payment: Trump wanted the situation with Daniels to be under wraps until after the election “because if I win, it will have no relevance because I'm president. And if I lose, I don't even care,” Trump said, according to Cohen.
• Making the payment: Cohen said he spoke with Trump twice to get his sign-off before making the payment to Daniels using a company he created , Essential Consultants LLC. He said he would have never gone forward to the bank without Trump’s approval. He testified he also let Trump know he signed the agreement with Daniels.
• Repayment to Cohen: Trump Organization CFO Allen Weisselberg told Cohen he would be paid $420,000 for Daniel’s payment over 12 months . He testified that the payment series set up for future legal services was actually a reimbursement .

Trump rails against judge and says there's no crime in remarks outside of Manhattan courthouse

From CNN's Maureen Chowdhury

Donald Trump slammed Judge Juan Merchan and called the hush money trial a "scam" as he left the Manhattan courthouse on Monday.

“This is a scam, I think it’s it’s terrible thing that’s happening to democracy in this country,” Trump said. He then called the case a "rigged deal" and Merchan "conflicted." 

He went on to read comments made by his allies regarding the case.

“There’s no fraud here, there’s no crime here," Trump said.

Trump's motorcade leaves the courthouse

Donald Trump's motorcade has left the courthouse. His car slowed down so he could wave and flash a thumbs up to supporters gathered outside.

Testimony in Trump's trial continues tomorrow.

Afternoon sketches show Michael Cohen on the stand as his former boss sits nearby in court

From CNN Digital's Photo Desk

Sketch artists Christine Cornell and Jane Rosenberg have been providing us with courtroom perspectives throughout the trial as cameras are not allowed inside during proceedings.

Here are some of their latest sketches from Michael Cohen’s testimony Monday afternoon:

More sketches from Cohen's testimony can be seen here .

The final moments today in the courtroom: Trump stacks his papers and Cohen nods toward jurors

As Judge Juan Merchan gives his daily instructions to the jury, Donald Trump is stacking up his papers and whispering with attorney Todd Blanche.

His hands are folded on the table and he then flips through the papers one more time.

Michael Cohen, for his part, pans the courtroom and then looks down at his hands as Merchan is speaking.

Cohen gives a small smile and nods toward the jurors as Merchan dismisses them for the day.

The key points of Michael Cohen's testimony about how he was reimbursed for the hush money deal

From CNN's Eric Levenson

Michael Cohen finished the day’s testimony by explaining how he, former Trump Org. CFO Allen Weisselberg and Donald Trump agreed to reimburse him for the $130,000 hush money payment to Stormy Daniels.

After Trump won the election, Cohen pitched Trump on a set up in which he would serve as Trump’s personal attorney for free but would be paid by companies hoping for insights on Trump.

In early January, Cohen went to Weisselberg about being reimbursed for the $130,000 payment, and Weisselberg agreed, Cohen testified. He showed Weisselberg the wire transfer document, and Weisselberg took handwritten notes calculating what Trump owed Cohen based on their conversations.

Weisselberg suggested Cohen take the money as income rather than as untaxed reimbursements, Cohen testified. "I didn’t really think about it. I just wanted to get my money back,” he said.

According to Cohen, they agreed that Trump would pay him $420,000 in all: $130,000 to reimburse him for the payment to Daniels, $50,000 to reimburse him for unrelated tech services, $180,000 to account for estimated taxes and a $60,000 bonus. The payments would be made over 12 months “as like a legal service rendered since I was then going to be given the title of personal attorney to the president,” Cohen testified.

They presented the plan to Trump, and he approved it, Cohen said. The payments were designed to look like future legal services, but they were actually reimbursement for the Daniels’ deal, he testified.

Cohen never actually put together a retainer agreement for any future work he'd do for Trump, “because I knew there was going to be no compensation,” he testified.

Court is breaking for the day

The court is breaking for the day and the jury is leaving the courtroom.

Donald Trump's ex-attorney Michael Cohen is expected to continue to be questioned by prosecutor Susan Hoffinger tomorrow.

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Elektrostal , Moscow Oblast, Russia