A court of appeals can decide to do any or all of following: affirm lower court's decision, reverse the lower court's decision, and remand case.
What is a court?A court is a legal institution that administers justice under the law. It is a forum where disputes are resolved and where individuals and organizations can seek legal redress. Courts can be divided into various categories, such as criminal courts, civil courts, and appellate courts, each with its own set of rules and procedures. They are typically presided over by a judge, who ensures that legal proceedings are conducted fairly and impartially. In addition to judges, courts also have court clerks, bailiffs, and other court personnel who help to facilitate the legal process. The decisions of a court are legally binding and can have significant consequences for the parties involved.
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When can a private prosecutor prosecute a case even in the absence of a public prosecutor?
Answer:
yes
Explanation:
Once authorized to prosecute the offence, a private prosecutor must continue to prosecute the case until the end of the trial, even if the authority has been revoked or otherwise withdrawn. Anyone may conduct the prosecution, either personally or through a pleader.
For a trial waiting in a Magistrate Court, the victim/complainant or his lawyer may conduct prosecution if the Magistrate Court allows it. If such permission is provided, the prosecution is going to be conducted entirely by the victim and his lawyer. This can occur even in cases instituted in the basis of a charge sheet filed by police; however, the limitation is that the case must be triable by a Magistrate (rather than a Sessions Court) and the Magistrate must permit it.
Thus, once authorized to prosecute the offence, a private prosecutor must continue to prosecute the case until the end of the trial, even if the authority has been revoked or otherwise withdrawn.
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Which word would be used to describe the impact of a news report that causes people to
change their opinions?
Answer:
The word used to describe the impact of a news report that causes people to change their opinions is "influential."
True or False- Jury sizes and voting requirements are the same for all offenses in every state.
False. The size of juries and voting requirements can vary depending on the state and the type of offense being tried. In most states, the minimum size for a criminal jury is 12, but some states allow for smaller juries in certain types of cases, such as misdemeanors.
Some states also allow for non-unanimous verdicts in certain cases, such as in Louisiana where 10 out of 12 jurors must agree on a verdict for serious felony cases. However, in federal courts, the size of the jury is typically 12 and a unanimous decision is required for conviction in criminal cases.
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the sherman antitrust act of 1890 changed the relationship between the federal government and by attempting to through regulations. (true or false)
The Sherman anti-trust act of 1890 changed the relationship between the federal government and by attempting to through regulation is a true statement.
Approved on July 2, 1890, it was the first federal law to outcast monopolistic ideology and business practices. It is a constitutional law for the congress to manipulate the interstate commerce. The act authorized the federal government to institute proceedings against trusts in order to maintain a check on there working and dissolve them. The act was framed to restore fair competition but it was loosely binded and failed to define critical terms such as "trust", "combination", "conspiracy" and "monopoly". The policy aimed at building economic competiton and preventing monopoly of a particular business by proving equal oppurtunities to each and every business small or larger.
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what is the main characteristic pf a rubuttable presumption?
Answer:
A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems).Explanation:
Rebuttable presumption: Both in common law and in civil law, a rebuttable presumption is an assumption made by a court that is taken to be true unless someone comes forward to contest it and prove otherwise.
For Example
a defendant in a criminal case is presumed innocent until proved guilty.
The subjecting of a person to a second trial or punishment for the same offense for which the
person has already been tried or punished.
A. Self-Incrimination
B. Double Jeopardy
C. Malice
D. Acquittal
Answer:
b. double jeopardy
Explanation:
Why National Security is important? I will give u brainlist in your own words.
Answer:
National security is important because it's for the safety of the people living in a certain country, for them to be secured from any danger that might happen to them.
Explanation:
hope it helps you po.
What is toxicology?
Toxicology is the study of the negative effects of
blank on living thing
Answer:
foreign fluids
Explanation:
coroners run a toxicology report when someone passes away to find any kind of drugs, alcohol or poisons in someone's system
Toxicology is the study of foreign fluids and not the study of the negative effects of blank on living things.
What is Toxicology?Toxicology is that branch of science that also helps in the understanding of the same. The most important thing is that Toxicology is that it talks about the harmful effects of the chemicals that are prevalent in society from time immemorial.
Toxicology thus talks about the various means and also the understandings based on the amount of poison that particular thing has got within itself. the other most important thing is that it has also talked about the understanding of the amount of harmfulness of the substance, particularly on some other substances.
Toxicology is thus defined by the amount of toxic or poison that is being generated.
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The fine for a first offense of Littering in Arkansas is:
In Arkansas, the fine for a first littering offence can vary depending on the county or municipality where the offence occurred, but the minimum fine is $100.
Under Arkansas law, littering is the disposal of any garbage, trash, or other solid waste materials on public or private property other than in an appropriate waste receptacle. Littering can include throwing trash from a vehicle, dropping garbage on the ground, or improperly disposing of waste in other ways.
In addition to fines, littering can result in community service, imprisonment, and other penalties. The severity of the penalties can depend on the specific circumstances of the offence, such as the amount of litter involved and whether the offender has previous convictions for littering or other environmental offences.
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Was the FERA a relief recovery or reform?
The "Three R's" of relief, recovery, and reform were the focus of the New Deal, a slew of federal programs that played a major role in FDR's election campaign.
What was the farm Relief Act?The Great Depression was still raging when President Franklin D. Roosevelt took office in 1933. He immediately set to work trying to better the economy and those in need.
The "Three R's" of relief, recovery, and reform were the focus of the New Deal, a slew of federal programs that played a major role in FDR's election campaign.
The bulk of his New Deal legislation was passed within the first three months of his presidency, also referred to as the "Hundred Days."
Before 1933, the federal government supplied funding to the states so they could implement relief programs. One of them, the Temporary Emergency Relief Administration (TERA) of the state of New York, was started in 1931 and was run by Harry Hopkins, a respected individual.
In addition to the Civilian Conservation Corps, it was the first relief operation under the New Deal (CCC). FERA's main goal was to lower household unemployment by creating new jobs in local and state government for unskilled individuals.
The Family Electric Rate Assistance Program provides an 18% discount on your electricity bill if your household's income is just a little bit more than the CARE limits.
Therefore, the FERA a relief recovery.
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LUPE was in the grocery store and was having trouble controlling her wild 4-year-old son MIGUELITO. She told him twice to settle down, and “no” he could not have Fruit Loops. MIGUELITO kept whining and kicking his feet in the cart and throwing a tantrum, as well as throwing the box of Cheerios on the ground. Finally, LUPE had enough, and slapped MIGUELITO across the face, then pointed her finger at him and said to him, “Be quiet!” MIGUELITO continued his tantrum, and LUPE slapped him again. Finally, MIGUELITO acted like a good boy.
Instructions: Evaluate LUPE’s legal liability for this corporal punishment of MIGUELITO. Use an essay format, and separate your response into three numbered paragraphs - one for each of the following questions.
1. Provide the facts that would prove her liability for child abuse (guilty)
- Minimum 100-word response
2. Provide the facts defending her actions as having the right of parental discipline (not guilty).
- Minimum 100-word response
3. How would you decide this case? Make an argument for either guilty or not guilty using the applicable law to support your facts. Explain your reasoning.
- Minimum 300-word response
Nonaccidental physical injuries children suffer at the hands of their parents occur along a continuum that ranges from mild to severe. At the outer edges of this continuum, one might find, on the one hand, a slight swat to the buttocks, and on the other, a brutal beating. In the United States, the normative consensus appears to be that outsiders to the family are appropriately concerned only when the physical injury at issue causes serious harm; any injury short of a serious one is exclusively “family business.”Consistent with this consensus, all states’ laws permit the use of “reasonable” corporal punishment; simultaneously, they all prohibit non accidentally inflicted serious injury. The latter is generally denominated abuse, although some states classify milder but still impermissible injuries as neglect, or simply “inappropriate discipline.” Thus, being able to distinguish between reasonable corporal punishment and maltreatment—whether this is formally denominated abuse or neglect—is critical for the relevant actors: parents who use corporal punishment as a disciplinary tool, child protective services (CPS) staff who are required by statute to intervene in the family to protect children subject to or at risk of abuse, and courts adjudicating issues arising in connection with these cases. The integrity of the distinction and of the methodology employed to make it is also critical for a society that is prominently committed to both family autonomy and child welfare, and in particular to protecting the integrity of the family when it promotes (or at least does not harm) child welfare, and to intervening in the family when it fails in its related obligations.Unfortunately, few if any states have sufficiently defined the relevant terms “reasonable corporal punishment” or “maltreatment” (abuse or neglect) to consistently guide the relevant actors (those in a single system) in their exercises of discretion; nor have they established a coherent methodology for sorting injuries along the continuum of nonaccidental physical injuries. That administrative regulations and policies promulgated by state and local CPS departments often narrow agency discretion helps CPS itself to be more consistent and may help families know what to expect when they are dealing with CPS. But because appellate courts do not appear to give much deference to agency interpretations of the statutory definitions, these regulations and policies do little to guide the courts’ own exercise of discretion. Moreover, to the extent that the law in statutes and judicial opinions is either less precise or even different from the law as it is applied by CPS, the public and parents are inevitably confused or misled. As a result, decisionmaking about whether an injury or incident remains in the realm of family business or has crossed the line into the impermissible varies, reflecting a multiplicity of purely personal viewpoints, religious and political ideologies, and academic or disciplinary training and requirements. In turn, institutional treatment of and outcomes for children and families are often inconsistent. The status quo has been defended or at least explained on several grounds. The vagueness of abuse definitions has been consistently upheld on policy grounds—specifically on the argument that it is important for authorities to retain flexibility to call injuries as they see them given that, particularly in a diverse society, abuse might appear in unexpected forms.
What is the main concept in intersectionality theory which is involved with interpersonal encounters
where the collision (of identity) might take place?
A. interstitiality
B. stewardship
C. tolerance quotient
D. standing
2. What has consistently explained more variance than any other variable in criminology?
A. biological sex
B. gender
C. race
D. social class
3. In masculinity theory and elsewhere, the toxic quest for power, male domination, and unearned
privilege all have what major concept in common?
A. anomie
B. hegemony
C. symbolism
D. transhumanism
4. How do appreciative and narrative criminology see that narratives motivate criminal behavior?
A. by the rhyme and reason of stories
B. thru the social construction of mediated symbols
C. by setting the parameters of socially acceptable behavior
D. thru the phenomology of self aspects of social discourse
5. Neo-conservative criminology is to neo-functional criminology as:
A. new right-wing ideology is to new left-wing ideology
B. erosion of moral standards is to interchanges of power
C. critical is to radical in terms of policy implications
D. Superstructure is base or substructure is Marxist theory
The main concept in intersectionality theory which is involved with interpersonal encounters where the collision (of identity) might take place is interstitiality. (Option A).
Social class has consistently explained more variance than any other variable in criminology (Option D).
In masculinity theory and elsewhere, the toxic quest for power, male domination, and unearned privilege all have hegemony in common. (Option B).
One can appreciative and narrative criminology see that narratives motivate criminal behavior by the rhyme and reason of stories. (Option A).
Neo-conservative criminology is to neo-functional criminology as new right-wing ideology is to new left-wing ideology. (Option A).
What is Intersectionality Theory?Intersectionality theory is a foundation for understanding how many friendly identities in the way that race, grammatical rules applying to nouns that connote sex or animateness, sexuality, class, and talent project and communicate with one another to design singular occurrences of hardship and privilege. Intersectionality belief, grown by jurisprudent Kimberlé Crenshaw in the 1980s, recognizes that women have many friendly identities that cannot be evaluated alone of each one.
A Black mother, for example, grant permission face different forms of bias than a white she or a Black father, cause her occurrences are impacted by two together her race and feminine. The meaning of understanding and addressing the habits at which point various types of oppression converge and compound to conceive singular experiences of bias and marginalization is stressed by intersectionality hypothesis
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in the civil trial process,______ are the documents by which each party sets his or her initial case before the court. voir dires demurrers discoveries pleadings
In a civil trial, pleadings are the documents by which each party sets his or her initial case before the court. Thus option d is correct.
A civil trial is a type of court proceeding in which one party tries to hold another party responsible for some harm or wrongdoing that has been done, typically through monetary compensation or other forms of relief.
The defendant, or the person being sued, has the chance to present their case in court as well. A civil trial may be heard before a judge or a jury depending on the circumstances.
Pleadings are the documents by which each party sets their initial case before the court. Pleadings generally include a complaint, an answer, and a counterclaim.
Thus, Pleadings are very important in the civil trial process because they set the stage for the rest of the trial.
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HELP! FOR LAW STUDIES. 100 POINTS!!!
"The most valuable end of government is the liberty of its inhabitants. No possible advantages can compensate for the loss of this privilege."
—Patrick Henry
From what you know about the Constitution, do you agree with Patrick Henry's statement? Why or why not?
Patrick Henry was a leader of the Anti-Federalists. How does this quote support their position on the Constitution?
How does Henry's statement reflect the idea of social contract? How does the idea of social contract protect people's natural and individual rights?
What is the current ruling on drug testing minors in public schools? Do you agree or disagree?
Answer:The most valuable end of government is the liberty of its inhabitants. No possible advantages can compensate for the loss of this privilege."—Patrick Henry1.
Explanation:
Who had jurisdiction in the John Wayne Gacy murders?
Answer:
The indictments were in the circuit court of Cook County and he was charged with 33 counts of murder, one count of deviate s assault, and one count of indecent liberties with a child, one count of aggravated kidnapping.
Explanation:
The People of the State of Illinois vs John WG
Chicago
The European Union is an example of which of the following?
A. A tax
B. A trade agreement
C. A law
D. A statute
Answer:
A trade agreement
Explanation:
Answer:
B. A trade agreement
Explanation:
identify whether the statement is an example of an individual student-referenced, a norm-referenced, or a standards-based comparison. select the one correct answer for each item.
Norm-referenced comparison: A norm-referenced comparison involves evaluating an individual's performance or achievement in relation to a larger group. It focuses on how well a person performs compared to others within a specific context. For example, ranking students based on their test scores relative to their peers in a class or nationwide percentile rankings.
Growth-referenced comparison: A growth-referenced comparison centers around assessing an individual's progress over time. It involves measuring an individual's growth or improvement in a particular area of study or skill. This comparison looks at an individual's development relative to their past performance, tracking their growth trajectory over a period.
Standard-referenced comparison: A standard-referenced comparison involves evaluating an individual's performance against predetermined standards or criteria. It focuses on whether an individual has met or exceeded specific benchmarks or learning objectives. This comparison assesses how well an individual performs in relation to established standards, regardless of how others perform.
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Full Question ;
Identify whether the statement is an example of a norm-referenced, a growth-referenced, or a standard-referenced comparison.
How are leaders chosen in a direct democracy?
Answer:
In a Direct Democracy, the power to govern the nation lies in the hands of the people instead of the elected representatives. Furthermore, in this particular form of democracy, political initiatives are taken directly by people.
Under a contractionary taxation policy, the government can reduce the deficit by.
Answer:
The Government can reduce the deficit by increasing the taxes.
Explanation:
Agent Alice has received an offer that she believes is not in the sellers’ best interest. What should Alice do?
Answer:
Make no recommendations and let the sellers decide on their own. Tell the sellers exactly how she feels and why she thinks the offer is not a good one.
Alice should make no recommendations and let the sellers decide on their own.
The above is an example of agent-seller relationship. Although, the seller had contracted the right to sell to an agent; he must allow the sellers decide on their own whether or not to sell if such will not favor them.
This is important because any loss on sale made by an agent on behalf of a seller, which is not in the seller's best interest will be solely borne by the agent.
While the agent is empowered to act on behalf of the seller , he or she must at all times act in the best interest of the sellers.
It therefore means that Alice should make no recommendations and let the sellers decide on their own.
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What are the significance of the NAPOLCOM in the operation of the PNP
Answer:
Explanation:
The National Police Commission abbreviated as NAPOLCOM, is an attached agency of the Department of the Interior and Local Government responsible for the administration and control of the Philippine National Police (PNP).6975 and 8551 to administer and control the Philippine National Police, the DILG “ for the purpose of effectively discharging the functions prescribe in the "To exercise administrative control and operational supervision over the PNP.
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Concerning the stare decisis doctrine, in what circumstance, if any, can a judge refuse to follow the BINDING AUTHORITY in that judge's jurisdiction?
A judge may refuse to follow the binding authority in their jurisdiction under the following circumstances:
1. If the binding authority is outdated or no longer relevant
2. If there are persuasive precedents from other jurisdictions or sources
3. If following the binding authority would result in an unjust outcome that violates fundamental principles of justice.
Stare decisis is a Latin term that means to stand by the decision. It is the doctrine that dictates that courts must follow legal precedents established by past court decisions unless there is a compelling reason not to. This principle is vital to maintaining consistency and fairness in the legal system.
If the binding authority was decided incorrectly or the court made a mistake in the ruling. In summary, judges have the right to refuse to follow binding authority under certain circumstances. However, they must be careful when doing so because deviating from precedent can be seen as a violation of the rule of law.
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Ways in which the rule of laws protects community members whose property was damaged due to protests
Answer: Four ways you might want to look into
Explanation:
Criminal prosecution: The rule of law requires that those who commit criminal acts, such as damaging private property, be held accountable for their actions. Community members could report the damage to the authorities, who could then investigate the incident and pursue criminal charges against those responsible.
Civil litigation: The rule of law also provides for civil remedies, such as suing the individuals or groups responsible for the damage. Community members could file a lawsuit seeking compensation for the damage caused to their property.
Police protection: The rule of law requires that law enforcement agencies protect citizens and their property. Community members could request police protection to prevent further damage to their property during future protests.
Injunctions: The rule of law provides for injunctions to prevent individuals or groups from engaging in certain activities, such as damaging private property. Community members could seek an injunction to prevent future damage to their property during protests
When not part of a school-endorsed function, the proper ratio
for supervising minors is one supervisor per 20 minors except in
cities of the first class (Philadelphia) where it is one supervisor
per 5 minors.
It is TRUE that the proper ratio for supervising minors is one supervisor per 20 minors except in cities of the first class (Philadelphia) where it is one supervisor per 5 minors.
What is the proper minors-supervisor ratio?In Philadelphia, the proper ratio for the supervision of minors is one supervisor for 5 minors.
However, in the remaining states, one supervisor can supervise up to twenty minors.
Thus, it is TRUE that when not part of a school-endorsed function, the proper ratio for supervising minors is one supervisor per 20 minors except in cities of the first class (Philadelphia) where it is one supervisor per 5 minors.
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Several persons together stole a painting from an art museum. One of them, who was the driver, was caught during the commission of another crime. He told police that "I didn't even get any money from the art museum. It all went to the first guy and the second guy." When the first and second guy go on trial for the theft of the art painting, is the driver's statement admissible in court?
Answer:
If the driver's statement was voluntarily obtained by the police without duress, then the statement will be admissible. But, if otherwise, it cannot be admitted. Such self-incriminating statements are usually used as evidence for police to arrest a suspect, but to convict. This is why at the point of arrest, the suspect is read his or her "rights to remain silent."
Explanation:
It is the responsibility of the trial judge to determine any issues as to the statement's voluntariness. This implies that the confession can be admitted into evidence if the judge determines that the confession was voluntarily made by the driver. The judge will not admit the statement if it is determined that there were some use of threats of force, violence, or intimidation on the part of the police to obtain the self-incriminating confession.
Which passage from the Declaration of Independence reflects the
Enlightenment idea of the rule of law?
A. That whenever any Form of Government becomes destructive of
these ends, it is the Right of the People to alter or to abolish it, and
to institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to them shall
seem most likely to effect their Safety and Happiness.
O B. We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness.
C. A Prince whose character is thus marked by every act which may
define a Tyrant, is unfit to be the ruler of a free people.
D. These United Colonies are, and of Right ought to be Free and
Independent States; ... they are Absolved from all Allegiance to
the British Crown, and ... all political connection between them
and the State of Great Britain, is and ought to be totally dissolved.
If there are only temporary differences, tax expense can be determined by simply multiplying the pretax book income by the tax rate
True or false
The statement, "If there are only temporary differences, tax expense can be determined by simply multiplying the pretax book income by the tax rate" is false.
Temporary differences arise from timing discrepancies between financial accounting and tax rules, such as recognizing revenue or expenses in different periods.
These differences affect the calculation of taxable income and, consequently, the determination of tax expense.
To accurately calculate tax expense, one must consider the specific temporary differences and apply the relevant tax laws, regulations, deductions, exemptions, credits, and rates.
Thus, simply multiplying pretax book income by the tax rate does not account for these complexities and would result in an inaccurate calculation of tax expense.
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The images show what happened to two people who invested $1,000.
Gale starts with $1,000.
Gale's investments:
- Savings account: $200,1% retum
- Mutual fund: $600, 7% return
- Stock:
$200, -10% return
Alex starts with $1,000.
Alex's investments:
- Stock:
$1,000, -10%
return
Value one year later:
Profit:
$1,024
$24
Value one year later:
Profit:
$900
($100)
Which investment advice would Gale most likely give to Alex?
The investment advice that Gale most likely to Alex is to invest in Mutual funds, as an investment in mutual funds will have a better return than any other investment.
What are mutual funds?A mutual fund is an organization that brings collectively cash from many human beings and invests it in stocks, bonds, or different properties.
The mixed holdings of stocks, bonds, or different properties the fund owns are called its portfolio.
Hence, The investment advice that Gale most likely to Alex is to invest in Mutual funds, as an investment in mutual funds will have a better return than any other investment.
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The best investing advice Gale would probably provide Alex is to put money into mutual funds since they will yield a higher return than other types of investments.
What is mutual fund?A mutual fund is a business that pools the money from several investors and uses it to buy stocks, bonds, or other types of real estate. The portfolio of the fund refers to its assortment of stocks, bonds, and various real estate interests.
The primary investments of mutual funds are frequently categorized as money market funds, bond or fixed income funds, stock or equity funds, or hybrid funds. Index funds, which are passively managed funds that follow the performance of an index, are another classification for funds. As a result, Gale will probably advise Alex to invest in mutual funds since they will yield a higher return than any other type of investment.
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Probably the full options are:
A. mutual fund
B. natural resources
C. government bonds
D. certificate of deposit
Aceable Driving Test
1. The 60 in 30/60/25 refers to the _______ insurance will covered.
A.) total amount
B.) bodily damage
C.) the maximum payment
D.) GAP Coverage
Answer:
A: the total amount it will cover I think
The 60 in 30/60/25 refers to the total amount insurance will covered. Texas rules require you to have at least $30,000 in bodily injury coverage per person.
What is insurance coverage?
insurance coverage is the amount of liability that a person can cover or entitle for a particular loss or damage against insurance services.
Insurance is of many types like auto insurance, life insurance, vehicle insurance, and others.
Thus, option A is correct.
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the concept of community crime careers looks at the number of career offenders living in each concentric zone of the city.
The concept of community crime careers look at the number of career offenders living in each concentric zone of the city is a perspective of community criminology.
What is Community Criminology? Community criminology is a branch of criminology that looks at the social context of crime, especially in communities. Community criminology examines how the social structure of an area, such as poverty or the concentration of liquor stores, affects crime in the region.
Community crime careers are the paths that individuals follow as they become and persist as criminals within a community. This can be divided into several stages, each of which corresponds to a different type of criminal activity.
According to the theory, the goal of criminal activity is to become successful enough to progress to the next stage of the career and achieve status among one's peers. As a result, the crime becomes self-perpetuating, with more and more people joining in as they perceive the opportunity for advancement.
In conclusion, the concept of community crime careers examines how people's criminal activity careers develop over time in a certain area of the city. This study focuses on how the social structure of the location, such as the presence of crime opportunities, affects crime in the area.
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