Current Money Laundering Threats and Trends - Free Essay Example

Current money laundering threats and trends Traditional Money Laundering Typologies Structured Transactions Deposited to Financial Institutions It is true to say that the smuggling of prohibited goods will bring a huge amount of money to smugglers. That money, in the end, must be integrated into the economy in order to be used. The transfer of cash through banking system is considered as the most efficient and effective way. The cash can be moved quickly and electronically in a safe environment. However, jurisdictions would like to make the requirements and policy of transferring cash over a certain amount of money. In other words, financial institutions have to make a report of cash transaction for a regulated amount of cash. For smugglers of drug trafficking or some other banned things, cash transferring is safe and quick, however those cash will be investigated by banks and relevant agencies. As a result, in order to avoid the generation of these reports and the detection, criminals would like to structure their banking transactions. In detailed, they will open different accounts and cash amount at different banks. Since banks and financial institutions have applied the requirement of financial report more strictly and the required Suspicious Transaction Reporting has been developed, criminals would like to find the other ways for laundering their dirty money. This Suspicious Transaction Reporting is required in United States. Whenever banking employees suspected the sources of cash or they had reason to make a doubt that the cash could come from illegal actions; or they were informed that criminals wanted to change the cash into legal funds, the suspicious transaction reporting must be submitted. As a result, the required suspicious transaction Reporting can limit and prevent criminalsà ¢Ã¢â€š ¬Ã¢â€ž ¢ illegal activities in Money laundering. Cash Couriers and Bulk Cash Smugglers (BCS) The money laundering by cash couriers and bulk cash smugglers can be clearly explained by the long statement à ¢Ã¢â€š ¬Ã…“the most obvious technique involved employees of the criminal organization smuggling cash from the consumer country of the illegal product to the distributor, or from the criminal to the foreign bank secrecy destination where he or she had arranged for the currency to be investedà ¢Ã¢â€š ¬Ã‚ . Cash smuggling is divided into two categories including cash courier and bulk cash smuggling. In terms of BCS, criminals would like to smuggle cash with a huge amount. The transportation and delivery of cash can be implemented by some forms such as the involvement of land , sea border or cash concealed in vehicles or cargo containers. Criminals will cross the border illegally through sea or land to bring cash to receivers who also are criminals. Moreover, they can find somewhere in vehicles or cargoes or containers to hide illicit cash. For cash couriers, they are nat ural people and transport illegal cash with them. More clearly, they will conceal the cash into somewhere of their bodies or hide the illicit cash in their luggages which they bring with them. Among methods of the cash transportation, cash couriers prefer the transportation through commercial airline. It seems that the transportation through commercial airline will be less controlled and be faster. Consequently, the risk is less. For both cash courier and bulk cash smuggling, the money, which has larger denomination, will be used. The reason is that the larger denomination money will reduce the weight and size of the cargoes or luggages or vehicles or containers. The illicit cash transportation will be with a small quantity for the first time, then the quantity of the cash will be increased in next times. The purpose is to avoid risk of avoid the risk of being detected. In order to prevent and solve issues related to cash couriers and bulk cash smugglers, the International standa rds on combating money laundering and the finance of terrorism and proliferation (FATF) Special Recommendation IX was borned[1]. Following this regulation, countries have to implement à ¢Ã¢â€š ¬Ã…“either a declaration or disclosure system for detecting the cross-border transportation of currency and bearer negotiable instrumentsà ¢Ã¢â€š ¬Ã‚ . Besides, if border officials suspect the origin of cash or this kind of cash transported for illegal purposes, they will have responsibilities to seize the currency or bearer instruments. Lastly, people who are related to the action of illegal transportation such as providing false disclosures or declarations will be penalized by jurisdictions. The confiscation of currency or instruments related to terrorist financing or money laundering will also be carried out. The FATF is very helpful in issuing a Best Practice guidance paper, which support jurisdictions in recognizing the illicit cash[2] Money Service Businesses and Informal Value Transfer Systems The money laundering and cash transporting through central banks and commercial banks are very risky. Consequently, criminals, especially terrorists will choose non-banking financial institutions or service businesses since these organizations pay less attention to money laundering and regulations of money laundering. Hence, the risk of dirty money detected is not high. The illegal money circulation will not encounter barriers. Among those organizations, Western Union and Money Gram can recognize the harm of money laundering. Therefore, they have complied with the reporting requirements and well- cooperated with the law. In contrast, smaller ethnic-based money services businesses including grocery store, travel agency, and so on do not identify their responsibilities of anti à ¢Ã¢â€š ¬Ã¢â‚¬Å"money laundering and terrorist activities. As a result, criminals take advantage of organizationsà ¢Ã¢â€š ¬Ã¢â€ž ¢ deficits to launder their cash. Western Union and Money Gram are in charge o f different financial activities, for example wire transmission, exchange of foreign currencies, cash checking and sales of money orders à ¢Ã¢â€š ¬Ã‚ ¦etc. The transaction between Western Union, Money Gram and their customers takes place within United Nations and foreign countries. In the aspect of Informal Value Transfer Systems, it is popular in North Africa, Middle east, the horn of Africa and South Asia. The Informal Value Transfer System can be called à ¢Ã¢â€š ¬Ã…“ hawalaà ¢Ã¢â€š ¬Ã‚ . Its mechanism of action is to à ¢Ã¢â€š ¬Ã…“allows hawaladars from all parts of the world to transfer funds to and from their clients by setting debts between themselvesà ¢Ã¢â€š ¬Ã‚ . Trade-based Money Laundering Except for Structured Transactions Deposited to Financial Institutions, Cash Couriers and Bulk Cash Smugglers, and Money Service Businesses and Informal Value Transfer Systems, criminals use the Trade-based Money Laundering for their ethical behaviors. This method is very sophisticated. The quantity and value of cash is transported by falsifying invoices, or writing invoices under or over real invoices of commodities which are imported or exported. In other words, criminals will buy a quantity of commodity and the amount of cash for the commodity is 10 thousands dollar, for example; However, when writing the invoice, they will require their seller to note on the number of 5 thousands dollar. This phenomenon is popular in import and export operations. The purpose is to get tax evasion or to get tax application at low rate. Criminal also use over-invoicing commodities to hide the move of cash through complex and complicated documents. By this money laundering, criminals sometimes can associate with legal trade activity. Colombian drug cartels prefer to use trade based money laundering. It is popular in the way that they buy drug from other countries and resell it in their country. They also sell drug to other countries. The transportation of their drug is carried out through a common method named the Black Market Peso Exchangeà ¢Ã¢â€š ¬Ã‚ . Both Western Union and Gram money of Money Business Service and hawaladas of informal value transfer systems use trade based money laundering to settle the debts which is rised from foreign remittances. In short, criminal will buy commodities from a foreign country and transfer cash to the other country where the commodity will be sold, the proceeds will be sent to intended recipient. The trade based money laundering has nine indicators of red flag such as à ¢Ã¢â€š ¬Ã…“vendor payments made in cash by unrelated third parties; vendor payments made via wire transfers from unrelated third parties; vendor payments via che cks, bank drafts, or postal money orders from unrelated third parties; false invoicing and customs documents including commodity misclassification or commodity over valuation or under valuation; carousel transaction; commodities traded do not match the business invoiced; unusual shipping routes or transshipment points, packaging inconsistent with commodity or shipping methods; and double invoicing.à ¢Ã¢â€š ¬Ã‚  Emerging Technologies Previously internet, social network and technology do not develop as it is now. Therefore, criminals have to choose traditional money laundering typologies above for their illegal actions. In recent some decades, the boom of science and high technology has changed the method of money laundering. The below is three methods of ML in modern time. Prepaid Value Cards In order to make payment more convenient and quicker, FAFT issued a new method of payment in October of 2006. This method encourages legitimate trade organizations to use because of its convenience. However, the money launders have taken advantage of this advancement for their personal objectives. This issue has made non- banks busier in their service business. The opportunity to earn profit is higher through offering prepaid value cards, electronic purses, mobile payments, internet payment services and digital precious metals. Nevertheless, money-laundering criminals have considered those features as good methods for their money laundering purposes. In comparison to the ATM system which the surveillance camera is used, the new payment methods can help criminals avoid the supervision of financial providers. Hence, the possibility of being identified is lower. The other advantage and convenience of those payment methods is easy to access at any time and in anywhere of the world as l ong as the place has wifi, phone reception, or internet is connected. Compared to traditional cash transferring, those methods have more convenient [3]. Online Payment Systems The appearance of high technology and the boom of internet have brought many benefits to users. However, it has also created a dark side. Hackers can stole cash from banks and credit card information and information related to financial institutions. Money launders can make illegal funds disappear in dozens of different online accounts (Grow and Brian, (2006). These criminals will make those accounts difficult to be explored. As a result, online payment system, to some extent, can cause a danger to society and the financial system [4] Increased Use of Gatekeepers to Establish Sophisticated Trusts Along the development of technology and online network, the operation of money laundering is more and more sophisticated. Gatekeepers now have become more dangerous threat to society than the previous time. They are professional accountants, lawyers, and companies that provide service. Their participation in money laundering has contributed to the success of money laundering activity. They can directly launder money or be the third party to serve money-laundering process. According to FATF, Political Exposed Persons is regarded as gatekeepers because they are able to access to the funds and systems in their nations. Consequently, many of these gatekeepers have done tasks for personal aims. Furthermore, they are allowed to adjust the financial legislation or rules for personal purposes [5]. As a result, unmoral gatekeepers are very dangerous for society in general and for financial system of that country in particular. [1] https://www.fatf-gafi.org/dataoecd/50/63/34424128.pdf, [2] https://www.fatf-gafi.org/document/19/0,3343,en_32250379_32236920_43775315_1_1_1_1,00.html, [3] Global Money Laundering Terrorist Financing Threat Assessment(July 2010) https://www.fatf-gafi.org at pp. 34-35 [4] Grow, Brian, à ¢Ã¢â€š ¬Ã…“Gold Rush: Online payment systems like E-gold Ltd. are becoming the currency of choice for cybercrooks.à ¢Ã¢â€š ¬Ã‚  Bloomberg Business Week (Jan. 9, 2006) [5] https://www.fatf-gafi.org/dataoecd/48/10/45724350.pdf at p. 44

The Private Security And Public Security - 1827 Words

The private security industry today plays a primary role in ensuring that citizens of the United States and the entire world are kept safe from criminal activities perpetrated by outlaws. This sector has grown rapidly over the past few centuries to provide more services than it did before. The line between what the private and public security can do and what cannot have been blurred greatly. The former has gone into the domain that was once reserved for the government and it has shown that it can compete to cater to the needs of its clients. Previously, the private sector was more involved in the protection of individuals and institutional properties. The employees of private security were hired as guards and were stationed outside banks,†¦show more content†¦Allan Pinkerton, who came to the country in 1843, is regarded as one of the industry s founding fathers. By 1950, he had managed to form the Pinkerton National Detective Agency, which had its base in Chicago. The compan y had a steady rise and soon became the largest provider of private security services. The company managed to amass a wealth of corporate and private customers including the railroad that had been dealing with a great menace of robbers for a long time. At this time, due to lack of proper equipment, the local governments were unable to halt the activities of these criminals who terrorized the railroads as well as its passengers, relieving them of their property. It was upon the victims of the robberies to pursue the matter further in collaboration with their agents. This was how Pinkerton was able to break through and later on increase demand for its services. The duties of the early PS companies went beyond capturing of criminals. They also performed tasks now undertaken by the federal and state government. These included manning the railroads and the cargos, looking into crimes and offering advice to banks, and other enterprises that were prone to attacks and vandalism by the criminals (Cunningham et al., 1990). There was a short disruption in the growth of the privately owned security firms when the public sector finally took responsibility for most of these

The Minimum Wage Of 22 Swiss Francs - 1219 Words

In May of 2014, Switzerland rejected the world’s highest minimum wage of 22 Swiss francs, which in American dollars, is roughly $25 per hour. Even Switzerland, one of the more famous countries remaining on the gold standard, has a problem regarding their minimum wage. As a high school student working off of American minimum wage, Switzerland’s presented amount is considered lofty and idealistic. In America, the minimum wage is $7.25, not nearly enough for an adult, let alone a teenanger living at home with parents. Teenagers are expected a lot from their parents, including maintaining a job, continually passing grades, and are expected to pay their own way through college. With minimum wage set at $7.25, college seems like a far-fetched†¦show more content†¦Some people say that when we raise our minimum wage our economy inflates, and the price change would be pointless. Yet when our economy constantly shifts from depression to economic boom, the average worker needs a money cushion. Living on paycheck to paycheck is not a healthy lifestyle, and is in complete contrast to the American Dream. As a high school student working on minimum wage, most people think that $7.25 is plenty for a teenager, when in actuality it is not. Although opponents can argue that â€Å"most minimum wage workers are not trying to support themselves, but are living in households where their living expenses are largely provided for,† says Beth Shulman, this is not the case. â€Å"Half of fast-food workers during the 2010-12 were 23 or over,† according to John Schmitt from the Center of Economic Policy Research. Most of these workers probably clock-in two minimum jobs, and are struggling to make it paycheck to paycheck, never getting the chance to pay off their debts, to take personal vacations, or to live the American Dream. In 1937, the Supreme Court ordered that the government had the power to establish minimum wage rates. This seems ridiculous, seeing as it is nearly impossible for an impersonal government to understand an individual with already low-paying jobs. Not only is the floor for our minimum wage set, but it is approached from White House, a distance most minimum wage

Nutrition and Health in Third World Countries - 1523 Words

Nutrition and Health: Underdeveloped and Developed Nations Na’Tasha Slade Strayer University Nutrition and Health: Underdeveloped and Developed Nations Despite the vast research on nutrition and health, malnutrition is still a major fatality in this present day. Policymakers, social scientist and medical experts have expressed alarm about the growing problem. While most agree that the issue deserves attention, consensus dissolves around how to respond and resolve the problem. Malnourishment continues to be a primary health liability in developing nations such as Asia, sub-Saharan Africa and Latin America. It is globally the most significant risk factor for illness and death, predominantly with hundreds of millions of pregnant women†¦show more content†¦Unsafe water supplies are often contaminated with infectious agents, toxic chemicals, and radiological hazards. In 2000, the World Health Organization and UNICEF identified some 2.4 billion people who did not have basic sanitation facilities, and 1.1 billion people without a safe drinking water supply. (Wagner, 2009) Some communities experienced diarrhea, caused by a va riety of parasites, viruses, and bacteria that infect people as a result of contaminated drinking water or poor hygiene. In India, more than 500,000 children die from diarrhea every year. Like other tropical diseases, when diarrhea does not kill, it weakens, leaving people more susceptible to other infections, such as tuberculosis and HIV. (Whitman, 2008). Lack of Prenatal and Postnatal Education Breastfeeding is the single most effective nutritional strategy for protecting infants against infections and diseases. Three mechanisms have been proposed by which human milk constituents protect the infant from infection. Two are based on the immunologic constituents of human milk and the third is its high nutrient value. (National Academy Press, 1992) In LDCs the health of many children are significantly impaired, sometimes permanently, by the lack of nutrition they received during the breastfeeding phase. Breastfeeding requires a mother to have a specific diet. In the industrialized countries of theShow MoreRelatedThe Importance Of Nutrition On Health, Health And Well Being Of Our Population Essay1093 Words   |  5 PagesImportance of Nutrition in Health Madison Aynes University of Arkansas Fort Smith NUTR 25230E1  According to the World Health Organization nutrition is defined as â€Å"the intake of food, considered in relation to the body’s dietary needs.† This topic is often overlooked by many Americans and its relationship with a healthy life is often never understood. From before life begins in the embryonic stages to the final stages of life nutrition plays a vital role in the life a person. 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For all of these reasons and many more, Kenya is vastly different, but at the same time quite similar to the United States in not only agriculture but also health issues. Currently Kenya’s population is a little over 45 million people (The World Factbook). This number continues to grow at a rate of about 2.11 percent per year (The World Factbook). The average age of people living in Kenya is 19 years of age (The World Factbook). Life expectancy in this country is about 64 years

Christian Leadership Paper - 1278 Words

Philosophy of Christian Leadership Paper I never thought to be a Christian leader. As a matter of fact, I am a person who did not know about God for 26 years. I was the center of my life, and there was no room for God to enter. Even when I was attending church service, I was trying not to be exposed to other church people. In other words, I was the kind of person who was afraid to walk into a life of faith. However, in the past three years, God has changed me in many ways, and showed me so many miraculous things. And, finally here I am. Being a Christian leader seems the most challenging job in the world. I am working as the chairman of a youth ministry, and walking on the path to be a church leader. When God called me to work for the†¦show more content†¦77). Nouwen means it is easy to be tempted by the secular things that lead people to forget one of the most important teachings of Christ: love your neighbor as yourself. 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The Summary of “Trifles” by Susan Glaspell Essay Sample free essay sample

Trifles by Susan Glaspell is a drama written in the early 19 100s. What happens is a husbandman by the name John Wright is murdered and the perpetrator is thought to be Minnie Wright. John’s married woman. This drama takes topographic point in the kitchen of John Wright’s abandoned farmhouse. This instance is investigated by three work forces: the sheriff of the town Henry Peters. the county lawyer George Henderson. and a adjacent husbandman Lewis Hale. The married womans of Mr. Hale and Mr. Peters go along with the work forces to the offense scene. The Men take a more traditional path to work outing the slaying by looking for grounds throughout the house. while the adult females stay in the kitchen and pull their decisions from â€Å"the mundane inside informations of a farm women’s kitchen† ( 915 prologue ) . Even though the work forces take the more logical path in work outing offenses. We will write a custom essay sample on The Summary of â€Å"Trifles† by Susan Glaspell Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page it is the adult females who uncover what happened by looking at the bad lucks in the kitchen. Some of the bad lucks are the destroyed fruit conserves. the unfinished comforter. and the empty bird coop. The bird coop is a important piece of grounds in the drama because of the status it was left in. The door flexible joint was broken. and the bird was nowhere to be found. Finally. the adult females find the bird in a box in Mrs. Wright’s run uping basket ( 1. 1. 110-115 ) . The status in which the bird was left was similar to how John Wright died. John was hung by his married woman. while the bird died from acquiring its cervix wrung by Mr. Wright ( 1. 1. 115 ) . This was the chief factor in finding that Mrs. Wright killed her hubby. Even though this piece of grounds was important in the instance. Mrs. Hale did non give it to the work forces. but hid it from them so that Minnie could populate her old life once more. Trifles is an illustration of a Modern Realistic Drama and a P roblem drama. A Modern Realistic Drama is a type of Drama that wants to paint the image of how life is experienced by the common adult male and adult female. These types of dramas do non hold mystical animals in them. nor do they hold to cover with abstract constructs such as the secret plan of Oedipus Rex. Modern Realistic Dramas have characters that the mean individual can associate to. Besides. this type of play has linguistic communication that modern English speech production people use often and understand easy. Trifles does non utilize Shakespearian English. but it uses normal English. For illustration in line 3 of Trifles. the Sheriff says â€Å"Now. Mr. Hale. before we move things about. you explain to Mr. Henderson merely what you saw when you came here yesterday forenoon. † ( 1. 1. 3-4 ) . Trifles shows the features of a Modern Realistic Drama by the usage of its common linguistic communication. relatable secret plan. and characters that would be seen in existent life. but it besides has a dramatic side to it. The manner the Trifles is considered a play is because of the secret plan in the drama. The secret plan of Trifles is that there is a group of people who are look intoing a slaying. This secret plan makes Trifles a job drama. A job drama is a drama that has a major personal. societal. or political job that causes the play’s dramatic constructs. In Trifles. the job that the people face is a slaying of a adult male by his married woman. This slaying can be seen as either unethical or ethical. The work forces in the drama see the slaying as unethical because they do non look at the background in which Mrs. Wright was populating in. instead they merely looked at the present and saw her as a liquidator. The adult females of the drama see the slaying as ethical to some grade because of the manner that Mr. Wright changed Minnie’s position of the universe. Before Minnie married John Wright. she was ebullient and lovely all the clip. The minute she married John. her temper changed from being a carefree gal to being a down homemaker. The adult females thought that because John put Minnie through all that wretchedness for most of her life. that the slaying was non every bit unethical as it may look. Bibliography Glaspell. Susan. Trifles. Literature: An Introduction to Reading and Writing. Ed. Edgar V. Roberts and Robert Zweig. 5th compact erectile dysfunction. New York: Pearson Longman. 2012. 915-926. Print.

Crime, Legal Defense, Elements of a Crime free essay sample

Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus, mens rea, and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer, Diana R. Grant, 2003) The relationship of the two must be present for a crime to be committed. I have to rob a bank and be in the guilty state of mind as a do it to be guilty. There are three elements to a crime: 1. actus reus- a guilty act. 2. mens rea- intent to commit a guilt act 3. concurrence- connection of actus reus and mens rea. The overall criminal procedure relies on the elements consisting of a crime. Without these elements combined there is no crime committed, and people would not be punished. The elements of a crime allow us to have a better understanding of the person who commits certain crimes. What recommendations would you make to better define/improve understanding of elements of a crime? With the elements of a crime being so short there is little that needs to be done in order to improve the understanding amongst society. The majority of the knowledge that society has about the law us from everyday living and hearsay down the grapevine. With this type of communication the vital parts of the message can be lost and misinterpreted. A public notice of the definitions of the elements is a good way to prevent that from happening as much and help society gather a better understanding of the elements that make a crime. What are the various legal defenses which are used? Infancy—she or he is too young (typically younger than seven years of age) to be able to form the mens rea necessary to commit a criminal act. Insanity—his or her insanity at the time of a crime meant he or she could not rationally form mens rea to commit a criminal act. Intoxication—his or her involuntary intoxication made it impossible for him/her to rationally form mens rea to commit a criminal act. Self-defense—his or her actions were meant to protect him- or herself from death or serious bodily harm. Prevention of a violent felony—she or he was protecting others or preventing a violent felony. Coercion/duress—his or her actions were in response to a rational fear of immediate death or serious bodily injury. Necessity—his or her actions were necessary to prevent a larger evil. Entrapment—the idea and motivations for committing the crime were planted by a government agent. Syndromes—the defendant was significantly affected by a psychological syndrome that diminished his or her ability to rationally form mens rea to commit a criminal act. Mistake of fact—the acts arose from an honest and reasonable mistake, such as accidentally picking up someone else’s umbrella instead of one’s own. Meyer Grant, 2003, p. 33). How does each of these defenses apply when in court and the overall criminal procedure? Infancy defense was intended for children between the ages of seven and fourteen who might have been accused of a crime in which the courts would decide on a case-by-case basis if the child knew right from wrong. If certified, the cou rts could not prosecute the accused for their acts, no matter how severe. Insanity would only apply if the defendant had been legally insane at the time of the crime. In this case the accused could be determined as incapable of knowing what they were doing was wrong. â€Å"To be a valid defense, the defendant must have been legally insane at the time of the crime, and insanity differs from the medical definition of mental illness in that insanity cannot apply when defendants understand what they are doing and know what they were doing is wrong. So, it is possible for defendants who suffer from serious mental illnesses to be tried and convicted for committing crimes, even crimes committed during episodes of their mental illnesses. This illustrates the fact that â€Å"insanity† is a legal concept, not a psychological/medical one. † (Meyer Grant, 2003, p. 60). Intoxication defense could stand if it is proven the accused was â€Å"slipped a Mickey†. Being in an involuntary intoxicated state when committing a crime should be a valid excused for their criminal actions to be dismissed. The Self-defense victim of an actual or apparent deadly attack may kill another person if it is reasonably necessary to use such force to protect oneself from death or serious bodily harm. So, if an attacker tries to kill you, and you cannot get away, you are generally allowed to engage in whatever self-defense is necessary. Self-defense differs from other defenses to crime in that the defendant who claims self-defense is actually asserting that she or he acted appropriately. (Meyer Grant, 2003, p. 38). Prevention of a violent felony is that the defense of others is permissible if the defendant believes that force is necessary to protect others or to prevent a violent felony. This defense is also known as defense of others. Even if the perpetrator of the original crime is injured by the person who sought to prevent the violent felony, this defense can still protect the good Samaritans from prosecution. (Meyer Grant, 2003, p. 39). Coercion or duress is usually a defense to a crime because it is presumed that the Defendant’s crimes resulted from fear of death or serious bodily injury. In order to be a valid defense, the defendant must have faced immediate threat of death or serious bodily injury. (Meyer Grant, 2003, p. 39). Necessity is a justification when a crime is committed to prevent a greater evil. This seldom-used defense requires four elements to be effective. First, the crime must be committed in order to prevent a significant and imminent evil (e. g. , one’s own death). Second, the defendant must not have available to him or her a reasonable legal alternative (e. g. , there is no other shelter nearby). Third, the criminal act must not be disproportionate to the evil it sought to prevent (e. g. , merely breaking into a home seems justifiable if it is done to save one’s life). Finally, the defendant must have acted with good faith, believing that the act was necessary to prevent the evil. Meyer Grant, 2003, p. 40). â€Å"Entrapment is not a valid defense unless it was a government agent who planted the idea in someone’s mind; being persuaded by other private citizens to commit an illegal act is not a legal defense. † (Meyer Grant, 2003, p. 41). Psychological syndromes have been introduced at trial as legal defenses. However, it is important to re cognize that these syndromes were created by psychologists, researchers, physicians, and other non-legal personnel, but they have been employed by defendants and attorneys to try to excuse criminal behavior. Even when syndromes are not successful in excusing crime, they are sometimes used to mitigate sentences. (Meyer Grant, 2003, p. 43). Those who plead mistake of fact argue that they committed an act based on an honest and reasonable misunderstanding of the facts surrounding an offense. It is relatively common for laws to state that defendants must have â€Å"knowingly† committed an offense. (Meyer Grant, 2003, p. 44). How can we improve that accurate legal defenses are being used in the criminal court system? I would have to say these defenses were intended to protect the innocent, yet attorneys will attempt to manipulate the system to favor the accused. The only way I see to improve the system would be to reassess and re-validate the intent. This would hopefully close any and all loop holes of the legal defenses rights of the accused. Definition of Crime The definition of crime is â€Å"An act that subjects the doer to legal punishment; the commission or omission of an act specifically forbidden or enjoined by public law†. (Jon’a F. Meyer, Diana R. Grant, 2003). If the act is against the law and a punishment has already been assigned to the act than it is a crime. If there is not a law against an action than it cannot be a crime. How would you describe the overall criminal process after a crime has been committed? What would happen if one of these steps of the process were removed? Explain The accused person or also called a defendant, is charged with an offense due to a law enforcement officer issuing a citation or a citizen complaint who believes an offense has been committed against property or to their person. An arrest will usually occur at the scene of the crime and be based on a warrant or a sworn statement. The arrest will be based on probable cause and/or have reason to believe that an offense has been committed and done so by the defendant. If a defendant is not automatically arrested he or she will be issued a summons to appear in court. If the defendant does not show up in court when instructed to do so according to the summons, a warrant can be issued for their arrest if there is proof that the summons was delivered. The defendant will be advised of their rights at the court appearance and a bail amount is reviewed. Once in court the defendant will be advised of their right to have an attorney present. If the defendant cannot afford an attorney then they have the option of having a public defender assigned to them. The case is then reviewed by the prosecutor to determine if the case has merit and sufficient evidence for a conviction. The case has a chance of being downgraded if there is insufficient evidence. Next the prosecutor and defendant along with their attorney have a chance to negotiate a plea bargain. If the defendant agrees then they must sign agreeing to that plea bargain. The judge has final say in the plea bargain. If the case goes to trial the defendant may have a chance to choose a judge to decide the outcome or a jury. The defendant will either be found guilty or not guilty. If any of these steps are removed the defendant does not get a fair fighting chance. In America you are innocent until proven guilty and by not allowing one of these steps to occur you are not given a chance to prove your innocence.